The Pre Sentencing Interview
If you’ve been found guilty of violating crimes in Nevada, before you ever get to the sentencing phase of the process you will undergo a presentence interview. This is more or less an investigative interview with a probation officer who will then make recommendations as to the appropriate sentencing, so it’s important to make a good impression! The report will be confidential, with only your counsel and the prosecutor receiving a copy.
Topics of the Interview
The interview will cover a range of issues, starting with questions about the current offense. As a defendant, you will likely be asked to provide contact information for a friend or family member who can confirm the information you provide related to your personal history. The topics under discussion might also include:
- Family background;
- Previous education;
- Employment history;
- Criminal history;
- Associations with known criminals;
- Financial stability;
- Addiction issues;
- Physical health issues;
- Mental health concerns.
Records Requested
Your interviewer may want documentation related to your personal history, including things like:
- Birth certificate;
- Marriage certificate(s);
- Divorce decree(s);
- School transcripts;
- Records related to employment;
- Records related to financial status;
- Records related to military service;
- Documentation of physical and/or mental health issues.
What if I Can’t Find the Documentation Requested?
In the event you can’t (or won’t) locate requested documentation, your probation officer will attempt to track it down.
Do I Have to Answer All Their Questions?
You certainly have the right to refuse answers or documents, which could result in the probation officer seeking the requested information elsewhere. If your attorney has advised against sharing particular information, or if you simply decide not to answer of your own accord, you can count on that being reported to the court with a notation as to the reason for your lack of cooperation. There is always the possibility that refusing to cooperate could have a negative impact on the sentencing recommendation.
What Happens After the Interview?
Following the interview, the report will be given to the attorneys on both sides, and either side may object to anything contained therein. The sentencing guidelines, which will be based on the information in the report, may be challenged, as well. Those objections, along with the probation officer’s responses, will then be included in an addendum to the report, which will now make its way to the judge (and both attorneys, as well).
If the judge sentences you to prison, the report will follow you to the Bureau of Prisons, but remains confidential and cannot be shared outside this tiny circle.
Advocating for You
The aggressive and thorough criminal defense attorneys at Lobo Law in Las Vegas 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
nvp.uscourts.gov/presentence-investigation/understanding-presentence-process/
