Pre-Sentence Interview Preparation
Pre-Sentence Report Review and Objections
Allenatore, Esposito & Raffin cannot emphasize enough the importance of proper preparation for the Pre-Sentence Report interview. The Pre-Sentence Report is the single most important document that the Department of Justice will prepare about a defendant; we make sure that it is both fair and accurate.
The Pre-Sentence Report and Sentencing
The report is also the most definitive and persuasive document the District Court will consider with regards to sentencing; it is also a very influential sentencing document in state courts throughout the country. The accuracy of a defendant’s criminal history and the calculation of the defendant’s sentencing factors are key components of the Pre-Sentence Report. AER’s sentencing experts ensures that those calculations are accurate.
Timely review of the report enables inaccuracies to be corrected prior to the Court considering the document at sentencing. AER will also draft defendant’s motions objecting to items contained in the Pre-Sentence Report if necessary.
The Pre-Sentence Report and Incarceration
The BOP deems the information contained in the Pre-Sentence Report as irrefutable fact. This is so true that the report is often said to be the “Bible” of life behind bars in the Bureau of Prisons. It is accepted as an accurate, fair and unbiased accounting of the inmate’s entire life history as seen through the eyes of the Probation Officer writing the report. Prior to their interview, AER’s experts teach our clients how to honestly and intelligently frame their life experiences in such a way as to maximize every possible opportunity to make their time in prison more palatable.
Inaccuracies regarding an individual’s personal history could preclude an inmate from participating in and benefiting from programs for which they may otherwise justifiably and legitimately qualify, such as RDAP (the BOP’s Residential Drug Abuse Program). RDAP is the only program in the BOP that will actually reduce an inmate’s sentence. AER positions our clients to best take advantage of this extremely popular program.
Participation in RDAP is only the beginning. Additionally, an inmate’s security level, designation, self-surrender rights and institutional special considerations (such as bunk assignments, diet and educational opportunities) can all be negatively impacted by inaccurate information that is not timely removed from the Pre-Sentence Report. With AER as their advocate, our clients’ Pre-Sentence Reports are accurate and comprehensive in a way that best benefits them.