Sentencing Investigations

Frequently Asked Questions

If I already have a defense attorney, why then do I need a Sentencing Consultant?
Many private law practices, public defenders and other appointed counsels use Sentencing Consultants in an attempt to "level the playing field" by offering a "second opinion" to the information, opinions and recommendations presented by the Probation PrePlea or PreSentence Report. Moreover, a private defense report has the option to "respond" to the Probation Report by agreeing, disagreeing and presenting alternatives.

This highly specialized area of expertise offered by a Sentencing Consultant essentially expands the legal defense horizon by providing the Courts with alternatives to the "safe" conventional wisdom of "prison". A Sentencing Consultant offers the Court the rationale, logic and reasons as to the alternatives to prison or a lesser sentence.

So what is a Sentencing Consultant?
Although there have been over the years, private practitioners who merely "write private sentence reports", this area of sentencing advocacy has changed dramatically. This profession has made significant advances embracing the highest level of expertise using many and varied disciplines of study and science to provide the court with the research, studies and data as it applies to each and every case. A sentencing consultant integrates this information to support the rationale and reasons as to why an alternative or lesser sentence, rather than prison, would be the best option not only for the client but for the community as well.

Why is a Sentencing Consultant so crucial in my case?
First impressions mean everything. These impressions set the course and determine the direction and eventual outcome in so very many matters in our lives. Telling our client's stories is crucial. Effectively telling of our client's story, in a compelling manner is so very critically important by making the connection between the client's past with the current charges putting the proceedings into context for the Judge, Prosecutor and even Defense Counsel. Telling our client's story essentially puts a face to the case by humanizing the proceeding rather than considering this as just another case.

Why should I consider the additional expense of retaining a Sentencing Consultant?
Of course, as with all endeavors in life, there are never any guarantees. As the saying goes, the only certainties in life are "death and taxes".

Consider the devastating impact of the loss of your income while you are in custody. Any mitigated sentence may have a profound financial impact upon you and your family.

This question really should be, can I really afford not to use a Sentencing Consultant on my case, since so very much is at stake?

Why is a Probation Officer involved in this matter?
A Probation Officer is a sworn officer of the Court. They perform many diverse functions in behalf of and for the Court.

What is a Probation PrePlea and PreSentence report?
One of the most important and crucial functions of the Probation Officer is to assist the Judge in obtaining crucial and pertinent information regarding defendants facing the sentencing process. Some areas considered by the Probation Report includes, but not limited to:

Current charges
Prior Record (including history of previous arrests, enhancements/prison priors/strikes)
Medical/Social/Drug & Alcohol History
Rules of Court
Sentencing "Guidelines"
Probation Eligibility
Victim Information
Statements from Interested Parties
Sentencing Recommendation for the Court

So where does the Probation Officer get all this information?
The Probation Officer gets most of their crucial information from the Office of the District Attorney, the Arresting Agency(s) (police), Law Enforcement Data Bases (prior record checks), victims, interested parties and the defendant. The only input from Defense Counsel is generally limited to a statement and sentencing recommendation.

What happens and what can I expect during the Probation interview?
An experienced sentencing consultant can address many of these issues prior to this crucial interview where your sentence hangs in the balance.

How much influence does the Probation Sentencing/Social History Report actually have in the Judge's ultimate decision at sentencing?
It is a consensus of opinion that as much eighty (80) percent or more of the information and recommendations made in the Probation Report are used by the Sentencing Judge.