Allegheny County Jail

Pre-sentencing

Interview with Brian


JM: Tell us about the pre-sentencing process:
Brian: There was a Pre-sentencing Investigation done by a Pre-Sentence Officer from the Courts downtown. He came to my house and talked to my Father etc. He had asked questions with my Dad on me and what was going on with me in my life as far as work and what happened as far as the incident concerning my ex-girlfriend.

JM: Did you have police stop by your house for questioning?
Brian: No, they did not stop by my house. I had spoken to the police when I was charged etc in Brentwood, PA and when they had filed a police report etc.

JM: What was your court appearance like?
Brian: I had to go to a Non-Jury Trial in front ???? of Judge Jeffery Manning. My Attorney was there along with the people from the Court prosecutors etc and my Ex-Girlfriend and her family who were there who was in another room, until it was time to go in the actual court room. I had to sit next to the court reporter at the Stand while the evidence was presented to the Judge and while tapes were played of messages that I left on my ex-girlfriend's cell phone. There was a court reporter there that was typing while I was saying what I said to my Attorney and the District Attorney.

According to PA Rule 702, any sentence involving jailtime of a year or more needs to have a PSI (PreSentence Investigation) done.

The PSI is a factual history of the individual's criminal, residential, education, relative, and personal background to be recorded in an unbiased report. The PSI reprter will talk with the defendant first to get the needed history and ask what individuals they would like to contribute on record in the PSI, then try to contact those individuals to add to the record. The reporter will do a background check and include this information. The reporter will then talk to the victum(s) and any witnesses and include their staitements on the record. This is all prepared for the judge.

The defendant should have the opportunity to review the PSI and question and correct any information in it before proceeding. Then the judge will have you aknowledge that you understand the PSI and attest to its accuracy.
Arguments are made on both sides regarding the content of the trial, the outcome, and the information in the PSI, which all lend weight in the judge's decision on the sentence that should be imposed. This is it in a nutshell, but all sorts of little other things can creep in to add to the process, but mainly this is the format.

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John
Tuesday, January 26, 2010