What is a probation report and why is it important?

San Diego criminal defense lawyer Stefano Molea explains what a probation report is and why it is important.

Office Address:
Law Office of David P. Shapiro
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San Diego, CA 92103
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Hi, Stefano Molea here, San Diego criminal defense lawyer and partner at the Law Office of David Shapiro, where we help good people regain control of the future when charged with a crime. In this video I will explain what a probation report is and why it's important. After someone either pleads guilty or is convicted of a crime, the next step in court is the sentencing hearing, and you can check out the other video on this channel about sentencings to learn more about the different things that could happen.

Before the sentencing hearing, there is an important step, however, and that's the interview with the probation officer. During that probation interview, there will be a number of questions asked, including background, history, drug and alcohol use, and other types of assessments. Ultimately, the probation officer will write a report and then submit it to all the parties to include the prosecution, defense counsel, of course, and the judge.

One of the primary purposes of probation report is to provide information about the defendant to the judge in order to aid the judge in deciding what kind of sentence to hand down. So you see how that interview can be very important. In fact, one of the things that the probation officer will do in the report is recommend what he or she believes would be an appropriate sentence based on a number of factors in history, background, et cetera. Ultimately, it's the judge who will make the final decision, unless, of course, there's a stipulated sentence based on a plea agreement, but having a favorable probation report can be a springboard for the defense lawyer to argue for a good sentence for his or her client.

Before any of my clients meet with a probation officer for the interview, I make sure to have a meeting with him or her. That's because having an understanding of the purpose of the interview and what's at stake is obviously significant to make sure that the interview goes smoothly and the right things are being communicated to that probation officer.

Hope that overview of probation reports was helpful. If you have any questions, give me a call. Stefano Molea, criminal defense lawyer here in San Diego, [phone].