Seminole County Federal Criminal Defense Lawyers: The Presentence Report
- What is a presentence report? A presentence report is a report prepared by the Federal probation Office. A Federal Probation officer will meet with the Defendant prior to sentence and discuss all relevant issues that relate to sentencing. This meeting and investigation by the Federal Probation Officer is called the Presentence Investigation. Many of these issues will decide whether the Defendant’s sentence level should go up or down. Other issues simply provide the Federal Judge with some important mitigation or background that is relevant to the Defendant’s Federal Case.
- What Must a presentence report include? A presentence report is required to include: (A) identify all applicable guidelines and policy statements of the sentencing commission, (B) calculate the Defendant’s offense level and criminal history category, (C) state the resulting sentencing range and kinds of sentences available, (D) identify any factor relevant to: (i) the appropriate kind of sentence, or (ii) the appropriate sentence within the applicable sentencing range, and (E) identify the basis for departing from the applicable sentencing range.
- What can Seminole County Federal Criminal Defense Lawyers do for you? Understand that in the Federal system, the sentencing portion of a trial is often the most important part of a case. The difference in levels can be the difference between a Defendant going to prison and the difference in a Defendant going home. It is important for your Federal Defense lawyer to understand every avenue possible for a reduced level. Where the Federal Probation Office is unwilling to notate a reduction in level, there are often meetings scheduled between the probation office and the U.S. Attorney’s office so that the differences can be discussed and even argued. For example, at such a meeting, a productive meeting could result in the government agreeing to change the Defendant’s status to reflect him being a minor participant, warranting a reduction of two levels.
Seminole County Federal Criminal Defense Lawyers
If you are charged with a Federal Crime, you should call Seminole County Federal Criminal Defense Lawyers. The Smith & Eulo Law Firm offers a Free Consultation to discuss your Federal case. (407) 930-8912