Sentencing Practices

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  1. Probation interview : On the same day as a guilty plea or jury verdict, defense counsel must arrange for the probation department to interview the defendant within seven days of the conviction.

  2. Presentence report : The presentence report shall be completed and distributed to counsel for the parties within 56 days of the conviction. Defense counsel shall personally meet and discuss the presentence report with the defendant within the objection period discussed below.  If an addendum is prepared, counsel shall meet and discuss it with the defendant as well.

  3. Objections : All objections to the presentence report must be submitted by counsel to the probation department (not filed with the Clerk) and opposing counsel within 14 days of the date on which the report is received. Objections must be clearly identified as such in a distinct document and may not be included within other correspondence or memoranda. The probation officer may reject insufficiently identified objections and will then return them to the party who provided them.

  4. Submission of report and any objections to court : The probation department will disclose to the Court the presentence report, including the unresolved objections with the probation officer’s response within seven days of the deadline for objections, or at the end of the objection period if no objections are raised.

  5. Motions : Motions relating to sentencing, sentencing memoranda, and all other documents relating to sentencing are optional but must be filed at least one week before the date set for sentencing for the Court to have an opportunity to review same. The filing party shall furnish a copy of all filed documents to the probation officer.