7 Steps to Prepare for Federal Pre-Sentence Investigation (PSI/PSR)

Q: What is a Pre-Sentence Investigation Report (PSR)?

The Pre-Sentence Investigation Report is a document prepared by a U.S. Probation Officer that provides the sentencing judge with detailed information about the defendant, the offense, and sentencing recommendations. It includes criminal history, personal background, offense characteristics, and guideline calculations.

Understanding the PSR's Importance

The Pre-Sentence Investigation Report (PSR), also called the PSI report, serves as the primary source of information for the sentencing judge. It contains your complete criminal history, details about the offense, your personal and family background, financial situation, and the Probation Officer's sentencing recommendations.

Critically, the PSR calculates your sentencing guideline range. It also documents information that affects program eligibility, including RDAP, which can reduce your sentence by up to 12 months. Getting this document right is essential.

Step 1: Understand What Will Be Asked

The PSI interview covers extensive ground. Be prepared to discuss:

Personal History: Family background, upbringing, education, employment history
Health Information: Medical conditions, mental health history, substance abuse history
Financial Status: Assets, debts, income, expenses
Criminal History: All prior arrests and convictions, even as a juvenile
The Offense: Your version of events (discuss with your attorney first)
Family Circumstances: Dependents, caregiving responsibilities

Step 2: Gather Documentation in Advance

Having documentation ready makes the process smoother and more accurate. Collect:

Educational records and diplomas
Employment history with dates and contact information
Medical records relevant to any conditions you want documented
Mental health treatment records
Substance abuse treatment records (critical for RDAP eligibility)
Financial documents: tax returns, asset statements, debt records
Military service records if applicable
Marriage certificates, birth certificates for dependents

Step 3: Address Substance Abuse History Strategically

This is perhaps the most important strategic consideration in PSR preparation. If you have a substance abuse history, it MUST be documented in the PSR to qualify for RDAP, which can reduce your sentence by up to 12 months.

Critical RDAP Consideration

The substance abuse must be documented as occurring within 12 months of your arrest. If you have a history but downplay it in the PSI interview, you may lose eligibility for RDAP's significant sentence reduction benefit. Be honest and complete.

Step 4: Coordinate with Your Attorney

Your attorney should be involved in PSR preparation. Key coordination points include:

Offense Discussion: Your attorney should advise what to say (or not say) about the offense conduct
Guideline Issues: Identify any guideline calculation disputes in advance
Mitigation Factors: Ensure mitigating information is included
Interview Attendance: Discuss whether your attorney should attend the interview

Step 5: Be Honest and Complete

The Probation Officer will verify information independently. Dishonesty or omissions can backfire in several ways:

Discovered lies damage your credibility with the court
Failure to disclose prior convictions can result in higher criminal history calculations
Hiding assets can lead to additional charges
Downplaying substance abuse eliminates RDAP eligibility

Honesty is the best policy. If there are sensitive topics, discuss with your attorney how to address them appropriately.

Step 6: Review the Draft PSR Carefully

Your attorney receives a draft PSR before sentencing. This review is critical. Look for:

Factual Errors: Incorrect dates, names, or descriptions of events
Criminal History Mistakes: Charges that were dismissed, expunged records improperly included
Guideline Calculation Errors: Incorrect offense levels, criminal history points
Missing Mitigation: Positive information that wasn't included
Characterization Issues: Language that unfairly prejudices your case

Step 7: File Objections Promptly

Your attorney can file written objections to the PSR. These objections should be:

Specific: Identify exactly what is wrong and why
Supported: Provide documentation where available
Timely: Filed within the court's deadline
Strategic: Focus on issues that affect guideline calculations or characterization

Uncontested information in the PSR is generally accepted by the court as fact. If something is wrong, you must object.

Frequently Asked Questions

What is a Pre-Sentence Investigation Report (PSR)?

The PSR is a document prepared by a U.S. Probation Officer that provides the sentencing judge with detailed information about the defendant, the offense, and sentencing recommendations. It includes criminal history, personal background, offense characteristics, and guideline calculations.

How does the PSR affect my sentence?

The PSR is one of the most important documents in federal sentencing. It calculates your guideline range, documents your criminal history, and provides information the judge uses to determine an appropriate sentence.

Can I review and object to my PSR?

Yes. Your attorney receives a draft PSR before sentencing and can file objections to factual errors, guideline calculations, or characterizations. This is a critical opportunity to correct mistakes.