How to change or augment a PSI (Pre-Sentencing Investigation) report?
Question by Logan B: How to change or augment a PSI (Pre-Sentencing Investigation) report?
My son made some bad decisions. We hired an expensive attorney to help him. The attorney told us the PSI report was not going to effect the sentencing, and therefore, we did not need to respond to, nor object to, some of the false or misleading statements in the PSI report.
Then at trial, we feel the report biased the judge’s attitude toward our son, and caused him to lean more harsh than was warranted, and also to not have any compassion; potentially loose faith for our son’s ability to rehabilitate.
It was his first offense.
Later we learned the PSI affects our son’s ability to apply for work-release permits, and the level of institution such as (minimum security or camp-based type holding facility). He is put in with hardened violent offenders, but he is not violent and was not violent in his mistake.
His prison counselor says he will not be eligible to participate in drug-rehabilitation programs or programs which might otherwise reduce his sentence, because of what was written in the PSI report.
The PSI report contains some false and misleading information that needs to be augmented.
How can we do this, when our attorney told us it was not important and now refuses to return our calls (after he took our money)?
Best answer:
Answer by Mary N
This is MAJOR.
It’s no wonder the former lawyer doesn’t return your calls.
Procedurally, following a guilty plea or conviction, it is the interviews conducted which contribute to the PSI; and, it is this documentation upon which a judge determines an appropriate sentence.
The Judge has no other means to learn each convicted person’s circumstances without the essential PSI report.
First thing, go to the website to the Bar Association in your state & familiarize yourself & file a grievance against the former attorney. Be as detailed & thorough as possible.
Keep copies.
Investigations of alleged misconduct or incompetence by a member of the bar (lawyer) are conducted usually by a bureau of your state’s Supreme Court. You can’t go any higher than this!
If their findings are favorable & support your assertions made here, they will internally refer this miscarriage of justice for resolution; return of fees paid; and, possibly other monetary damages as well as the all-important reconsideration of the sentence based on inaccuracies contained in the PSI report.
Then, find another attorney who’s willing to not only sue the first attorney but also be willing to petition the court to re-visit this criminal sentencing matter after you win the suit proving the incompetency of the first lawyer, if the investigative arm of the state Supreme court cannot do the deed.
Best of luck to you and your entire family. WE both know this is a fight worthy of no surrender.
In our Pledge of Allegiance, the final words are: “with justice for all.” When I hear stories such as this, I want to add the word: “sometimes.”
And, in the images of mythic “justice,” she may be blind-folded but in addition to the scales, she holds a sword.
Give your answer to this question below!