No psi but cannout appeal

[anthony361]

What is the name of your state (only U.S. law)? Texas

Ok after doing some researchi learned that the proper procedure wasnt followed when it came to the handeling of my case. From what I read.. a presentence investigation is mandatory when it comes to felony cases. I was never given the oppurtunity to complete one of those, i called the courts and said its to late to file an appeal!! I dont understand how my attorney and the sentencing judge failed to realize that I never had a psi. im wanting to know if there is anything i can do to corrcect the situation,, Should i file a motion to terminate probation?? And yes i did try contacting local attorneys but they failed to help.. Should i go to the supreme court?

[HomeGuru]

Originally Posted by anthony361

What is the name of your state (only U.S. law)? Texas

Ok after doing some researchi learned that the proper procedure wasnt followed when it came to the handeling of my case. From what I read.. a presentence investigation is mandatory when it comes to felony cases. I was never given the oppurtunity to complete one of those, i called the courts and said its to late to file an appeal!! I dont understand how my attorney and the sentencing judge failed to realize that I never had a psi. im wanting to know if there is anything i can do to corrcect the situation,, Should i file a motion to terminate probation?? And yes i did try contacting local attorneys but they failed to help.. Should i go to the supreme court?

**A: what are the dates of your case? What is your current status?

[anthony361]

Originally Posted by HomeGuru

**A: what is the dates of your case? What is your current status?

Right now im still on probation and the sentencing happened 2 years ago, I know im way past the allowable time to file an appeal but its not right, the courts did something wrong and i cant do anything about it. What it be possible to sue the attorney for not doing his job correctly?? Its already unfair that I had to plea guilty to save my life and knowing that maybe i would have gotten a lighter sentence if the courts followed procedures..

[FlyingRon]

There are a few other cases when a PSI is not necessary in a felony.
Was there a plea bargain involved in your guilty plea? A PSI is not required if the judge is going to go along with the previous plea bargain. Another is guilty pleas in capital murder cases. Since you in passing said "save your life" I would intuit (given your lack of being forthcoming with the details of your case) that you were up against capital charges.

[anthony361]

Originally Posted by FlyingRon

There are a few other cases when a PSI is not necessary in a felony.
Was there a plea bargain involved in your guilty plea? A PSI is not required if the judge is going to go along with the previous plea bargain. Another is guilty pleas in capital murder cases. Since you in passing said "save your life" I would intuit (given your lack of being forthcoming with the details of your case) that you were up against capital charges.

No, had I gone in and told the truth about who really stole the truck, this prison gang would have killed me, they even had that in the police report.. but they still allowed me to plea guilty

[CavemanLawyer]

PSI's are not mandatory for felonies. In fact, PSI are very rarely done for any felony. There are only two situations where PSI's are done. The first is if the Defendant pleads guilty with no agreed sentence and goes to the judge for punishment, or is found guilty in trial and goes to the judge for punishment. The point of the PSI here is to see whether they are a good candidate for probation and it is solely for the judge to use in making his/her determination whether to give probation or not. The second time when a PSI is used is to do financial studies to determine the defendant's ability to pay for fees, fines, or restitution.

If you received probation, which it seems you did, then a PSI wouldn't have changed anything. If this was an agreed plea to probation, then there is no reason that a PSI would have been ordered unless you were trying to get out of paying certain fees or fines...and you can always file a motion to waive those things now if there are proper grounds.

I don't think anyone did anything wrong in your case.