Legal Question in Criminal Law in New Jersey

Pre-Sentence Report

I am not certain that I properly understood something my attorney told me.

As I understand it, the pre-sentence report is used by the judge to evaluate all of the mitigating and aggrivating factors and to arrive at an appropriate sentence.

My attorney said that I will have the opportunity to look over the report and suggest corrections. (My impression is that it is similar to looking over your credit report and suggesting corrections.)

But she also said that I will not be able to see it until the sentencing hearing itself.

If that is true, then what is the point? Not knowing what is on it, I can't come prepared to point out any but the most obvious errors and I'll have no proof at hand for even those.

The judge, who has already studied the pre-sentence report and determined the factors before the hearing will have no reason to accept the changes. (Again, comparing it to a credit report, it can take months or years before the corrections are verified and the report changed.)

Or is the sentencing postponed if you challenge the pre-sentence report? If it is, whose responsibility is it to verify the corrections?


Asked on 2/21/04, 8:57 am

2 Answers from Attorneys

Re: Pre-Sentence Report

Your atty can usually get the pre-sentencing report before the hearing, and even if he doesn't, practically speaking, there aren't often really significant errors, and if there are, you can get time to investigate and correct the information. Years ago I had a client who assured me numerous charges in his report were wrong. We adjourned, and we found out there was a lot of information about another guy with a very similar name (different middle initial), who was a REAL criminal. After correction, my client got off with time served, but that was VERY unusual.

Get an attorney if you do not have one - now!

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Answered on 2/21/04, 10:54 pm
Gary Moore Gary Moore Attorney At Law

Re: Pre-Sentence Report

The defendant has the right to a hearing or the opportunity to refute any significant fact set forth in the presentence report which is usually available at the judge's office several days before the sentencing day and can be picked up and reviewed prior to sentencing day.

The sentencing is usually rescheduled if a hearing on some material fact alleged in the presentence report is required because a defendant is entitled to due process of law before his civil rights are affected.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 2/21/04, 9:45 am


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