De Facto Presentence Investigations

¬†A¬†presentence report contains information to assist the court in sentencing. A presentence report must be in writing and include, the circumstances of the offense with which the defendant is charged;the amount of restitution necessary to adequately compensate a victim of the offense; the criminal and social history of the defendant; a proposed supervision plan describing programs and sanctions that the community supervision and corrections department will provide the defendant if the judge suspends the imposition of the sentence or grants deferred adjudication community supervision; if the defendant is charged with a state jail felony, recommendations for conditions of community supervision that the community supervision and corrections department considers advisable or appropriate based on the circumstances of the offense and other factors addressed in the report; the results of a psychological evaluation of the defendant that determines, at a minimum, the defendant’s IQ and adaptive behavior score if the defendant: information regarding whether the defendant is a current or former member of the state military forces or whether the defendant currently serves or has previously served in the armed forces of the United States in an active-duty status and, if available, a copy of the defendant’s military discharge papers and military records; (8) if the defendant has served in the armed forces of the United States in an active-duty status, a determination as to whether the defendant was deployed to a combat zone and whether the defendant may suffer from post-traumatic stress disorder or a traumatic brain injury; and any other information relating to the defendant or the offense as requested by the judge.

A presentence report is not required to contain a sentencing recommendation. NOTE: Payment is independent of recommendation/finding. Not every client do we recommend probation as the best alternative.

During your pre-sentence investigation, the following will occur: Review miscellaneous reports; Meet and interview victim(s), attorney(s), and other individuals associated with case(s); assess and determine restitution amount; Draft and finalize Pre-Trial Report/Recommendation.

In Texas, per Art. 42A.252. a Pre-sentence Report is required in felony cases (a) except as provided by Subsections (b) and (c), before the imposition of the sentence by a judge, the judge shall direct a supervision officer to prepare a presentence report for the judge.

(b) The judge is not required to direct a supervision officer to prepare a presentence report in a misdemeanor case if:

(1) the defendant requests that a report not be made and the judge agrees to the request; or
(2) the judge:
(A) finds that there is sufficient information in the record to permit the meaningful exercise of sentencing discretion; and
(B) explains that finding on the record.

(c) The judge is not required to direct a supervision officer to prepare a presentence report in a felony case if:
(1) punishment is to be assessed by a jury;
(2) the defendant is convicted of or enters a plea of guilty or nolo contendere to capital murder;
(3) the only available punishment is imprisonment; or
(4) the judge is informed that a plea bargain agreement exists, under which the defendant agrees to a punishment of imprisonment, and the judge intends to follow that agreement.

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