Pre-Sentence Objections

Before the judge ever sees the Pre-Sentence Report, the probation office will give you and your attorney a draft copy. You and your lawyer will review it for legal and factual accuracy. You should compare it to the pre-arraignment estimate prepared by your lawyer. If it is different, find out why it is different. Even the best guideline estimates are sometimes different from the final report. This is because you and your lawyer lack complete information when the estimate is generated.

If there are legal or factual errors, your lawyer should prepare written Pre-Sentence Report Objections and send these objections to the probation officer assigned to your case. Your lawyer will try to resolve these objections by agreement with the probation officer before you get to court. If these objections can be resolved, they should be. If not, your lawyer may need to present evidence or argument on these issues to the judge during the sentencing hearing. The government may do the same. Your lawyer will prepare you for all of these scenarios. You may elect to waive objections particularly where the government has filed a motion for downward departure pursuant to “5k” or “Rule 35”.