Legal Question in Criminal Law in Texas
Pre-sentence Investigations
I went before the judge yesterday for a plea bargain. I thought this was the end of it but he has ordered a PSI. I already agreed and signed the plea agreement. I thought PSI's were done before the signing of the plea? Also what exactly are PSI's and what weight do they carry in a case? Why are they even done?
--name removed--
2 Answers from Attorneys
Re: Pre-sentence Investigations
A PSI is a "presentence investigation" report. You have a right to have one done in Texas before the judge sentences you. To not have one, it must be waived in writing. If you have already signed the waiver, the judge may wish to have more information about you prior to sentencing than s/he already has. For many judges, the PSI is quite influential, and may be used to decide whether or not to go along with your plea agreement. You should consider this your opportunity to put your best foot forward and impress this judge. A good PSI may have the effect of giving you quite lenient conditions of probation, may affect whether or not you are incarcerated, or whether or not you receive drug, alcohol, or other treatment resources, like counselling, education, or training available to the judge. Take advantage of it.
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