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The Colorado Juvenile Pre-Sentence Investigation

By H. Michael Steinberg – Colorado Criminal Juvenile Defense Lawyer – Attorney

The Colorado Juvenile Pre-Sentence Investigation

The Colorado Juvenile Pre-Sentence Investigation

The Colorado Juvenile Pre-Sentence Investigation – If a the juvenile is found guilty following the adjudicatory trial, the court has the option to order a pre-sentence report.  In most cases this report is not mandatory – meaning – with the consent of the parties it can be waived and immediate sentencing can take place.

However – the importance of the sentencing hearing- especially in serious juvenile cases cannot be understated. The Judge’s need to hear ALL of the evidence to reach the fairest sentencing decision may require the request for the PSI (pre-sentence report).

The sentencing hearing is said to address the two primary goals of sentencing – (1) what best serves the interests of the juvenile and (2) what best serves the interests of the public. Examples of the kinds of information the Judge will look for are: social studies or other reports relating to the child’s mental, physical, and social history.

Who Investigates and Produces The Juvenile Pre-sentence Report (PSI)?

Usually the court’s own probation department conducts the  pre-sentence investigation (PSI and prepares the report.  The “PSI” process includes the requirement that the child and his or her parent or parents make an appointment with the probation officer to conduct the investigation.

The interview will delve into the juvenile’s background to include such tings as – prior criminal records, school and home adjustment issues, medical and emotional histories, peer relationships, family background, educational history, financial situation, employment record and the

presence of any past unlawful sexual behavior as well as any restitution that may be ordered (if applicable.) It also includes ALL sentencing recommendations.

The Colorado Juvenile Pre-Sentence Investigation – A Closer Look At The Pre-Sentence Investigation Process

The statute that governs the PSI is found at 19-2-905. The law provides a suggested list of the the areas to be covered.

The presentence investigation may address, but is not limited to, the following:

(I) The details of the offense;

(II) Statements made by the victims of the offense;

(III) The amount of restitution, if any, that should be imposed on the juvenile or the juvenile’s parent, guardian, or legal custodian;

(IV) The juvenile’s previous criminal record, if any, if the juvenile has not been adjudicated for an act that constitutes unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.;

(V) Any history of substance abuse by the juvenile;

(VI) The juvenile’s education history, including any special education history and any current individualized education program the juvenile may have pursuant to section 22-20-108, C.R.S.;

(VI.5) The juvenile’s employment history;

(VII) The juvenile’s family;

(VIII) The juvenile’s peer relationships;

(IX) The status of juvenile programs and community placements in the juvenile’s judicial district of residence;

(X) Other related material;

(XI) Review of placement and commitment criteria adopted pursuant to section 19-2-212, which shall be the criteria for any sentencing recommendations included in the presentence investigation;

(XII) Assessment of the juvenile’s needs; and

(XIII) Recommendations and a proposed treatment plan for the juvenile.

The Following LINK To A Flow Chart Helps Put the Presentence Report Into Context –  Colorado Juvenile Sentencing Flow Chart

Your Input Into The Pre-Sentence Report

Working with your lawyer – it is an intelligent approach to the pre-sentence report process to provide input for use by the probation department. A Mitigation Packet (LINK) can be assembled to include honors, grades, character letters from friends and family, and similar information attesting to the quality of the juvenile being sentenced. A letter of apology to the victims (not sent to them – but provided to the probation department) also makes a great deal of sense.

The Colorado Juvenile Pre-Sentence Investigation

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at: hmichaelsteinberg@colorado-juvenile-crimes-lawyer or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-7777.

If you are charged with A Colorado crime or you have questions about The Colorado Juvenile Pre-Sentence Investigations, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience –  specializing in Colorado Criminal Law along the Front Range.  He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.  Remember, it costs NOTHING to discuss your case.  Call now for an immediate free phone consultation.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm Today.

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving …The Colorado Juvenile Pre-Sentence Investigation.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
DTC Quadrant Building
5445 DTC Parkway, Penthouse 4
Greenwood Village, Colorado, 80111
Primary Web Site:  http://www.HMichaelSteinberg.com
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