One of the biggest obstacles in the state of Michigan to advising a client to take a plea in a criminal case is the Presentence Investigation Report which has affectionately become known as the “PSI”. The “PSI” can be a friend or an enemy of the criminal defendant but many lawyers seem to forget to educate their clients on this crucial issue. Today, we will delve into an understanding of a “PSI” and explain why the attorney’s job is not done once the agreement has been reached.
The “PSI” Defined
A “PSI” is a legal term referring to the investigation into the history of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence. The “PSI” has been said to fulfill a number of purposes, including serving as a charging document and exhibit proving criminal conduct, and is said to be akin to a magistrate judge’s report and recommendation. While the understanding seems to be clear, the application can present a great deal of issues if an attorney does not prepare their client for what stands after an agreement has been reached. To dig deeper into the issue, we sat down for several lawyers that have excelled in client communications on the matter. Let’s review what these attorneys have had to say on the issue.