Рет қаралды 11,478
Now that Elizabeth Holmes has been convicted she will sit for a Presentence Investigation (PSI). The PSI is a document that will influence the life of every individual who has been
convicted of a felony in the federal criminal justice system. Unfortunately, individuals don’t learn about the process that
leads to the PSI until it’s too late to influence the outcome.
Elizabeth Holmes--or any federal defendant--should understand:
1. The process that leads to the PSI.
2. The steps an individual can take to influence the PSI’s outcome.
3. The PSI document and its ramifications.
1. Process Leading to the PSI:
After an individual has been convicted of a felony in federal court, the judge will order federal probation to complete a
Presentence Investigation Report (PSR). In this case, this PSI will document the life history of Elizabeth Holmes, who, as we know, was recently found guilty of fraud for her role in leading Silicon Valley based Theranos.
How soon will it take for Elizabeth Holmes to sit for her probation interview?
The meeting usually takes place 30-90 days after the conviction. Sometimes, that initial meeting with a probation
officer can take place within a week of the conviction.
Where does the investigation begin? Since Ms. Holmes is in the community, the federal probation officer will likely visit the defendant in
his residence. Alternatively, the federal probation officer may initiate the investigation at the office of federal probation,
or at the office of the defense attorney.
We’ve worked with far too many defendants who describe horror stories about their being unprepared for the
Presentence Investigation. As a consequence, their sanctions become much more severe than could have other wise
been the case.
Several reasons contribute to an individual’s being unprepared for the Presentence Investigation Report. Some of the
more common reasons follow:
1: Anxieties about the criminal justice process kept the individual in a state of denial. Intense and conflicting
emotions can cloud an individual’s ability to reason logically. In many cases, the stress can paralyze an
individual. Defendants who invest themselves in fantasies about prevailing during a trial with an acquittal do
not think about the consequences that can follow a conviction until it’s too late.
2: The Presentence Investigation happens so quickly after the conviction that the defendant didn’t have time to
educate himself on the implications of this process.
3: The defense attorney, who may have been an extremely skillful litigator or strategist at trial, failed to
appreciate the magnitude of influence that the PSI document would have on the sentencing and incarceration process.
Ms. Holmes has opportunities to influence outcomes of the presentence investigation report. At the very
least, she should ensure the report’s accuracy. Equally important, however, is for her to take proactive measures that may have a
positive influence on the presentence investigation and post-conviction process.
Ms. Holmes could take the following proactive steps:
Prior to meeting with the probation officer, she could write a narrative that would explain, but not
excuse, his current circumstances.
She could take steps to document any mitigating factors that might positively influence the way a
probation officer or judge perceives his overall character.
She could reach out to individuals in the community who may offer character references and validate
the defendant’s contributions.
She could prepare a list of references that might corroborate extenuating circumstances that led to
the conviction, or show that she is much more than what the criminal conviction may suggest.
Elizabeth Holmes could document a record of good works that would be included in the finished PSI report.
Ms. Holmes can prepare her family members for the reality that a federal probation officer may
make unexpected and uncomfortable inquiries about her character.
She may improve her profile by engaging in some type of activity that would suggest his suitability
for a less onerous sentence.
We encourage defendants to begin preparing by recognizing that they
must deal with the world as it exists and not as they would like it to be. Although she is new to the
justice system, the probation officer writing her PSI is not
new. Probation officers interact with individuals who’ve been convicted every day. Those interactions
make many probation officers cynical about anything a defendant says. If Ms. Holmes can accept that reality, she can take appropriate measures.
Justin Paperny
818-424-2220
P.S. To learn more about the probation interview, click the link below:
www.whitecolla...
jp@whitecollaradvice.com - 818-424-2220
Visit www.whitecolla... to access our federal prison blogs
/ whitecollaradvice