Pretrial Stage
Pretrial is the time period after an individual has been arrested but before they have been convicted of a crime. During this time period, a pretrial services officer will gather information about the defendant through interviews and record checks. The pretrial services officer reports the information to the judge, so the judge can decide whether the defendant is released on bond or detained pending disposition of their case.
At a detention hearing, the judge will decide whether or not to grant pretrial release. If the defendant is granted pretrial release, the pretrial services officer will supervise the defendant to reasonably assure they are not a danger to another person or the community and they attend all required court hearings.
Pretrial Services supervision ends if the defendant is found not guilty at trial or the charges are dropped against him or her. If the defendant is found guilty or pleads guilty, the pretrial services officer will typically continue supervising the defendant while they are pending their presentence investigation and sentencing hearing.
Presentence Investigation and Report Stage
After a defendant enters a plea of guilty to a federal offense or is convicted by trial, he or she will meet with a probation officer. Typically at the initial meeting, the probation officer will conduct an interview with the defendant to gather information about the defendant’s family history, community ties, education background, employment history, physical health, mental and emotional health, history of substance abuse and treatment, financial condition, and their willingness to accept responsibility for their offense(s).
During the presentence investigation, a probation officer will conduct a home assessment and interview other persons who can provide pertinent information, including the Pretrial Services Officer, the prosecutor, law enforcement agents, victims, mental health and substance abuse treatment providers, and the defendant’s family members, associates and employers. The officer will also review numerous documents, which may include, the Pretrial Services Report, court dockets, indictments, plea agreements, trial transcripts, investigative reports from other law enforcement agencies, criminal history records, counseling and substance abuse treatment records, scholastic records, employment records, and financial records. Another important part of the preparation of a presentence report involves the probation officer’s investigation into the offense of conviction including the defendant’s involvement, any similar or uncharged criminal conduct, the impact of the offense on the victim(s), and the sentencing options under the applicable federal statutes and United States Sentencing Guidelines. The presentence report helps the Court fashion appropriate and fair sentences and is used by probation officers later assigned to supervise the offender on probation or supervised release. The supervision officer uses the information contained in the presentence report as part of a comprehensive approach to assess risks posed by, and the needs of, offenders under supervision. The report is also disclosed to the defendant, defense attorney and prosecutor, whom have the opportunity to make objections or seek changes to the presentence report through a formal process established by the Federal Rules of Criminal Procedure. After sentencing, if the defendant is sentenced to a term of incarceration, these presentence reports are utilized by the Bureau of Prisons to designate the institutions appropriate for an offender to serve their sentences, to select prison programs to help the offenders, and to develop case plans for their custody and eventual release.
Sentencing Stage
On the day of the sentencing hearing, the judge will utilize the presentence report, the objections filed to the report, any letters submitted on behalf of the defendant, or the identified victims in the case, the defendant’s statement, and arguments by the prosecuting attorney and defense attorney, and order an appropriate sentence for the defendant. If a defendant is sentenced to a term of probation, their Pretrial Services supervision is terminated.
Pending Appeal and/or Surrender Stage
If sentenced to a term of custody, the defendant can be continued under Pretrial Services supervision pending their appeal of the conviction or sentence to the Circuit Court of Appeals and/or their direct-surrender to the designated Bureau of Prisons facility. The Pretrial Services Officer will receive information regarding the resolution of the appeal process and/or the designation information approximately two weeks prior to the surrender date ordered by the Judge at the time of sentencing, and will notify the defendant where they will need to direct-surrender.