PSR BEFORE a plea or trial?

[bess]

Is it legal for a pre sentence report to be filed BEFORE a plea or trial has occurred?

 

[PayrollHRGuy]

Yes, as in there is no state that I know of that has a law against it.

 

[Taxing Matters]

Is it legal for a pre sentence report to be filed BEFORE a plea or trial has occurred?

The jurisdiction matters — federal or state — and if state, which state. The procedures for any pre sentencing reports vary from one jurisdiction to another. That said, I can't see what harm would occur to the defendant to having it done before a plea or a trial, but I could certainly see an argument that it is a potential waste of resources.

 

[quincy]

The state is Indiana.

Here is a link to the law on presentence reports and plea agreements:

https://law.justia.com/codes/indiana/2019/title-35/article-35/chapter-3/section-35-35-3-3/

What is the reason for your question, bess? I briefly reviewed your posting history on this forum and in 2018 you were helping an inmate gather information. Is that the case here?

 

[aldaron]

A PSI can ask questions that can give the DA a lot of knowledge that they were unaware of and use it against you if answered truthfully, such as enhancements, drug use, DUI driving, knowledge of past crimes committed etc.. My experience a PSI report is only done after a guilty plea or a trial, you're already convicted.

 

[quincy]

A PSI can ask questions that can give the DA a lot of knowledge that they were unaware of and use it against you if answered truthfully, such as enhancements, drug use, DUI driving, knowledge of past crimes committed etc.. My experience a PSI report is only done after a guilty plea or a trial, you're already convicted.

The question asked is about presentence reports before a plea or trial. What exactly is your “experience,” aldaron?