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How do I get a copy of a family member's PSIR?

Temple, TX |
Filed under: Criminal defense

My family member has a lawyer that has just visited my family member the 2nd time in the past 3 1/2 months but only because I have had to stay on the lawyers case this past week to get him to go see my family member. He had nothing when he went in either time and has a court date set for 2 weeks wanting my family member to plea. He didn't even know about my family members past history which ironically could help my family member. My family member had to tell his own lawyer about the PSIR.

Attorney Answers 3


Pre-Sentence Investigation Reports are confidential and are property of the Probation Department. Per the Texas Code of Criminal Procedure, not even the Judge is supposed to look at the Pre Sentence Investigation Report until a plea of guilty is entered or a waiver by the defendant is filed. The defendant and his attorney may "read" the report at least 48 hours before the sentencing hearing unless the time is waived. Yet there is no requirement that the defendant or the attorney actually receive a copy of the report. Some counties will not let counsel for the defendant have a copy, some do. All this is set forth in Texas Code of Criminal Procedure Article 42.12 Section 9.

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The underlying question that you are really asking is, "shouldn't the attorney be doing something for my family member, and why isn't he?" As an attorney, I understand how it might appear that they are not considering other potentially "helpful" components, like the PSIR. It can also be difficult to trust the attorney when you hold that view. As counsel pointed out above, the PSIR may not even be viewable, or only a couple of days before sentencing. Don't assume the worst and expect that the attorney wants the best they can for their client.

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Unless you are his attorney, you can't. If your family member believes they are not getting the representation they need, that is one thing. If you don't,, I'm not certain that is the point. Did your family member do what he is accused of. If so, then the options start at this point. Does he have priors, the options get narrow. The more the priors, the more narrow things become. Hopefully, everyone is realistic .

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