While the PSR can help you, it can also hurt you.
I’m Justin Paperny, and my team and I have helped many individuals navigate the Presentence Interview process. In this article, we’ll explore common challenges in the PSR and strategies to overcome them.
Why Negative Information Matters
Negative information in the PSR—such as the defendant’s criminal history and lack of transparency with the court, including lying or omitting key facts will influence the ultimate sentence.
Honesty is the only way to influence a probation officer. They are cynical, expect half truths, omissions. Honestly, like revealing a history of substance abuse or what you have been doing to make amends goes a longer way that acting “cagey” or “short” as one probation officer put it. Be vulnerable, focus on victims and tell a compelling life story that you will add to over time.
Common Types of Negative Information
- Criminal History
Prior convictions or a prior criminal record may suggest a pattern of criminal behavior that requires explanation—especially if there is a police report indicating repeated offenses. - Employment Gaps
Periods of unemployment or instability might be viewed as relevant factors affecting your ability to maintain family relationships or a stable lifestyle. - Financial Challenges
Significant debts or past financial misconduct could lead to questions about restitution, potential fines, or the impact on victim impact and a victim impact statement if relevant. - Lack of Community Ties
Limited involvement in community service or a weak social background may negatively influence perceptions of your stability and potential for community supervision.
Strategies for Mitigating Risk in the Presentence Investigation Report
1. Acknowledge and Accept Responsibility
Judges and defense attorneys alike value defendants who tell the truth.
How to Do It:
- Just tell the truth
- Emphasize what you’ve learned and how you plan to avoid another government investigation.
2. Provide Context for Negative Information
Context helps the court understand the background information behind your actions or challenges.
How to Do It:
- Explain factors like stress, mental or emotional health, domestic violence, medical conditions, and other struggles that contributed to your decisions.
- Emphasize how these issues have been addressed through rehabilitation or social service programs.
3. Highlight Your Progress
Demonstrating your progress steps can help justify a downward departure or shorter federal prison sentence.
How to Do It:
- Share evidence of therapy or educational programs you’ve completed.
- Highlight restitution payments, volunteer work, or professional development activities that show you’ve turned your life around.
4. Document Your Growth, Do Not Talk About It
Tangible proof of your progress can help the federal probation officer and the judge view you in a more favorable light.
How to Do It:
- Include records of restitution payments or letters from mentors.
- Provide documentation showing improved physical health, mental health, or stable employment history.
5. Leverage Character References
Character letters from family members, friends, or colleagues can demonstrate your character.
How to Do It:
- Collect letters from people who know you.
- Ensure your defense counsel includes these letters in the final report before sentencing.
A Real Story: Lisa’s Approach to Mitigating Risk
Case Study
Lisa, a healthcare professional, faced federal charges related to fraudulent billing practices. Her PSR included concerns about:
- A prior misdemeanor conviction for a similar offense (defendant’s history).
- Financial instability due to significant debts (financial information).
How Lisa Addressed These Issues
- Participated in a financial literacy program and completed 200 hours of volunteer work with a nonprofit (community service).
- Provided documentation of a payment plan for her debts and proof of counseling sessions addressing the underlying causes of her behavior.
- Submitted character letters from colleagues and community leaders attesting to her integrity and efforts to change.
Lesson
By addressing negative information head-on and speaking truthfully, you will improve your outcome. It is really that simple.
Tips for Addressing Negative Information
- Be Proactive
Don’t wait for the probation officer or judge to raise concerns. Address potential issues early and provide context, especially regarding your physical condition, offense conduct, or substance abuse offenses (if applicable). - Focus on Solutions
Emphasize the steps you’ve taken to address challenges, such as completing therapy or making restitution payments, aligning with best practices. - Avoid Defensiveness
Acknowledge your mistakes without shifting blame or minimizing their impact. - Work with Your Attorney
Collaborate with your defendant’s attorney or criminal defense attorney to frame your responses effectively.
Next Steps
- Reflect on the challenges highlighted in your case and develop a plan to address them.
- Gather documentation demonstrating your progress, whether that involves family relationships, financial records, or participating in a Residential Drug Abuse Program to get treatment and up to one year off your prison sentence.
- Join our next webinar and ask for personalized guidance.
Justin Paperny