In most sex crime cases in Colorado, such as Unlawful Sexual Contact, C.R.S. 18-3-404, or Indecent Exposure, C.R.S. 18-7-302, or Enticement of a Child, C.R.S. 18-3-305, a judge will want to know more about you prior to sentencing. One way this is done is by ordering a Presentence Investigative Report (PSI or PSIR). A Presentence Investigative Report will be ordered for both misdemeanor and felony offenses. Let's continue reading about PSI's in Denver, Gunnison County and every other area of Colorado.
Purpose of Presentence Investigative Reports in Arapahoe County, Colorado
In Arapahoe County, Adams County and everywhere else in Colorado, a PSI is ordered so any underlying issues you are struggling with can be identified and remedied. For example, let's say a man is charged with Sexual Assault on a Child. Without a PSI, the man could be sentenced without the court knowing underlying psychological needs. As a result, after he is released from prison, he decides to reoffend. The man's psychological issues which were never addressed might contribute to him reoffending. Thus, a PSI plays an important role in sentencing decisions, intending to address your issues and how to work through them as much as possible during a prison or probation sentence. Courts have the authority to order treatment of any kind in an effort at rehabilitation.
Details of a Presentence Investigative Report in Jefferson County and Across Colorado
In Golden, Jefferson County and across Colorado, the Probation Department and probation officers will conduct an interview of the defendant to create a Presentence Investigative Report. Details of your life will be considered, such as your criminal background, income, family background, job status, assets and other factors that may influence your sentence. In sexual crimes, an SOMB evaluation is always performed as part of a PSI. The Probation Department will also try to learn more about your story of what happened and how you might respond to treatment, as well as make suggestions about sentencing to the judge. Police reports will also be obtained.
What is the Sex Offender Management Board (SOMB) in Adams County and Colorado?
The Sex Offender Management Board is a government run organization tasked with establishing a standardized evaluation and treatment program for Colorado sex offenders. For the evaluation phase, the board has created a standardized evaluation done by approved therapists. These therapists investigate sex offenders' histories, psychological thought and treatment needs. This is a very comprehensive evaluation which covers birth through the present offense. The evaluation is built on the false idea that sex offenders cannot be cured, and therefore must be strictly managed. Fearing the unknown and the possibility of reoffense, judges and probation officers follow the evaluations closely – even to the point of denying an offender contact with their own children. This one-size-fits all program is terribly harmful to the offender, his family, and even society as a whole.
Denver Criminal Defense Attorney's Role with PSI's
Our goal as criminal defense lawyers is to prove to the judge that an offense doesn't define you.
A criminal defense lawyer in Denver, Highlands Ranch, Douglas County and across Colorado is supposed to receive a copy of the PSI 72 hours prior to sentencing. In a serious criminal case, we can have input into the contents of a PSI. In addition, both a criminal defense lawyer and prosecuting attorney can provide information about you to the court at sentencing. With our expertise, we can go over the PSI and point out any errors to a judge. We can also pinpoint your life accomplishments, any letters of recommendation from your family members or friends, or examples that you were trying to remedy a mistake you made. Our goal is to prove to the judge that an offense doesn't define you. We want to prove that your life apart from the crime committed is honorable and productive.
More Questions on PSI's in Colorado? Call the O'Malley Law Office Today
If you have more questions about Presentence Investigative Reports in Colorado, call the best criminal defense lawyers at the O'Malley Law Office today. PSI's and the SOMB evaluation are a crucial element to your criminal case, so you should always be prepared and informed about what they entail and how an attorney can help. Call us today.
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