Criminal Case Presentence Investigations and Reports
Prior to sentencing in most felony cases, Utah judges will order Adult Probation and Parole (AP&P) to conduct a presentence investigation and prepare a report that includes sentencing recommendations.
Mandatory Sentencing and Judicial Discretion
There are relatively few crimes in Utah that include mandatory minimum sentencing provisions imposed by statute. In most cases, a judge is not obligated to follow recommendations provided by AP&P. Instead, a judge is given discretion to impose any sentence that is within the legal maximum as established by the legislature.
Prosecutors, defense attorneys, and AP&P can all make recommendations to the court. But unless the legislature has created mandatory sentencing provisions, the judge makes the final decision at sentencing.
AP&P Recommendations for Sentencing and Probation
Prior to preparing its formal report and recommendations, AP&P will conduct a presentence investigation. Generally this investigation consists of a review of court records and police reports, along with an interview with the defendant and a review of written answers and information submitted by the defendant. AP&P can also consider input from victims and appropriate third-party references.
AP&P will consider a defendant’s background, education, employment, family circumstances, social support, criminal history, and other relevant factors in addition to the facts of the current case. AP&P will also consider mitigating and aggravating factors specific to the events in the case or to the defendant personally.
Based on the information gathered, AP&P then makes recommendations for sentencing, including (where applicable) recommendations for appropriate probation conditions.
Criminal Sentencing Hearings
Prior to the actual sentencing hearing, both the defense and the prosecution have an opportunity to review the final AP&P report so that any errors can be noted and so that attorneys can address specific issues that may be raised in the report.
While judges often give significant weight to the recommendations and information presented in the presentence report, the judge normally will have discretion to deviate from the recommendation and impose a different sentence based on their own independent evaluation of the case.
Judges take into account various factors such as the nature of the offense, the defendant’s criminal history, the impact on the victim, mitigating or aggravating circumstances, and any additional evidence or arguments presented during the sentencing hearing.
It is important to note that judges are required to exercise their discretion within the bounds of the law, ensuring that the sentence imposed is both lawful and also appropriate to the specific offense committed. Many Utah criminal statutes can apply to a wide range of activity that may vary substantially in its level of seriousness. Judicial discretion is important in ensuring that fair sentences are imposed.
Finding the Right Attorney for Your Case
If you are involved in a criminal case and have concerns about the sentencing process or the recommendations in the presentence report, consultation with an experienced criminal defense attorney is the best thing you can do.
Contact us today to see how the right legal team can help you, and advocate for your best interests.