2003 Guideline 10.12

GUIDELINE 10.12 – THE OFFICIAL PRESENTENCE REPORT

A. If an official presentence report or similar document may or will be presented to the court at any time, counsel should become familiar with the procedures governing preparation, submission, and verification of the report. In addition, counsel should:

1. where preparation of the report is optional, consider the strategic implications of requesting that a report be prepared;
2. provide to the report preparer information favorable to the client. In this regard, counsel should consider whether the client should speak with the person preparing the report; if the determination is made to do so, counsel should discuss the interview in advance with the client and attend it.
3. review the completed report;
4. take appropriate steps to ensure that improper, incorrect or misleading information that may harm the client is deleted from the report;
5. take steps to preserve and protect the client’s interests where the defense considers information in the presentence report to be improper, inaccurate or misleading.

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