What If I Disagree With Criminal History Points And Offense Level In A PSR?

If you disagree with criminal history points and offense levels in a PSR it may be possible to negotiate or seek changes. However, there are a lot of factors that are involved in determining whether offenses on your criminal history will be counted in making a calculation. Reasonable people can potentially differ on what a calculation is for criminal history points. Similarly, based on the relevant conduct that is being alleged, and what the relevant statute is, there can be differences in the calculation of the offense level. Because of this, at a certain point, we need to reconcile our understanding of what it is with the probation department’s understanding of the offense. They will allow us to do that, we can negotiate with them about it, and sometimes, they will change things. Sometimes they will make amendments to the pre-sentence investigation report, and sometimes they won’t. Sometimes they will say that they recognize the objection, but they are staying with their interpretation of the law as it relates to criminal history points or the offense level.

You can also object to other things as well because the judge under 3553 is going to be considering a lot of different factors. The judge will not only be looking at the charts with the criminal history points and the offense level in making a determination on whether to be within a suggested range or to deviate from it. Objections to the other portions of the PSR can be made that are not specifically criminal history points in the criminal history category or the offense level itself. If they do not agree to those changes, then you may file formal objections with the court prior to having the sentencing hearing. Prior to the judge making a determination on your sentence, the judge will have to make a ruling on the objections and determine whether or not to agree with you or agree with the probation department in their interpretation, which will determine what’s included in the PSR that the judge considers later for sentencing.

Do I Have To Talk About The Offense I Am Charged With In The Pre-Sentence Investigation?

It is not recommended to talk about every single detail of the offense you are charged within the pre-sentence investigation. Acceptance of responsibility can result in a reduction of your offense level, which would ultimately result in a reduction of your sentence when the judge is sentencing you after a guilty plea or a trial. However, your acceptance of responsibility can come in several different forms. An attorney should sit with his or her client when they are doing the investigation to make sure that they don’t talk about the offense. Additionally, most attorneys will have their clients sign a statement.

A simple one-line statement, accepting responsibility for the relevant conduct as alleged in the offense and declining to talk about the offense any further, is acceptable. This is a good way to limit your exposure to any further charges or relevant conduct that the judge would consider in sentencing. For example, if you told them about more drugs than you had originally been charged with, then probation could potentially put that new information in their report and subject you to a higher sentence. It is best not to talk about it, and probation has no problem with accepting your statement. Often, if your attorney doesn’t provide one, they may even ask if you are going to write a statement accepting responsibility because it is seen as a norm.

For more information on Objecting To A PSR In A Federal Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 478-9898 today.