The Pre Sentencing Interview in Florida
In Florida, after being convicted of a crime and before sentencing, you will undergo a pre-sentence interview. This is essentially an investigative interview with a probation officer who will ultimately be tasked with making a recommendation for sentencing. If you’re headed to such an interview, the impression you make will likely have a significant impact on the harshness of the sentence you will be serving. The confidential report will be shared only with your counsel and the prosecutor, ultimately making it to the judge who oversaw your case.
Records Search
Prior to your meeting, the interviewer will undoubtedly review documentation related to your personal and criminal history, including materials such as:
- The indictment(s);
- The court docket(s);
- Trial transcripts;
- Plea agreement(s);
- Law enforcement’s investigation reports;
- Records related to substance abuse and/or counseling treatment;
- Records related to employment;
- Any records or your previous criminal activity;
- School records.
Topics of Discussion
The interview will cover an inclusive set of topics and might include:
- Your family background;
- Any ties you have to the community;
- Your level of education;
- Your workplace history;
- Any addiction issues you may have;
- Physical health concerns;
- Mental and/or emotional health problems;
- Level of responsibility you feel for current offense(s).
Further Investigation
The probation officer will continue to look for facts about you by interviewing others who might have relevant knowledge about you, including i law enforcement officials, the prosecutor involved in your case, your employer, friends, and your family. A home visit to assess your living situation will be scheduled in some cases.
Can I Refuse to Answer Questions?
While you always have the right to decline to answer questions, be aware that it could lead the probation officer to simply look for the requested information elsewhere. Whether you decide not to answer of your own volition, or your attorney advises you not to share particular information, you should know that a notation stating the reason for your lack of cooperation will be noted in the report that eventually goes to the judge. There is always a chance that refusing to cooperate might have a deleterious impact on the sentencing recommendation in the report.
Following the Interview
After the report is prepared, it will be distributed to both the prosecutor and your defense attorney. Either side has the option to object to any data or conclusions contained in the report, including the recommended sentencing guidelines, which will be based on the information in the report may be challenged. Those objections, along with the probation officer’s responses, will then be included in an addendum to the report, which is what the judge will receive (as well as both attorneys).
If you are ultimately sentenced to prison by the judge, the report will follow you to the Bureau of Prisons, but will remain confidential –not to be shared outside this small circle of recipients.
Advocating for You
The aggressive and thorough Kissimmee criminal defense attorneys at Salazar & Kelly Law Group always fight for the best possible outcomes for you. That includes preparing you for the pre-sentencing interview. To discuss, schedule a confidential consultation with us today.
Sources:
law.cornell.edu/uscode/text/18/3552
flmp.uscourts.gov/presentence-investigation
