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larubia78 · Nov 22, 2010, 10:03 AM

What is a pre-sentence interview? What information is crucial to mention such as that I would like to relocate back to FL with my daughter? Her father just recently got promoted and transferred back to FL and he wants nothing more for us to all be able to live together once again.
At my pre-indicted hearing I pled guilty and was told to attend this interview. The Assistant Prosecutor offerred a plea for non-custodial probation and restitution but have not been sentenced yet obviosly by the judge. I used to live in FL (4 years) and relocated back to NJ in 2008 and feel that I can do much better if I moved back and start all over? Should I mention this now or wait until sentencing and if given the plea by the judge talk to my then probation officer about making the transfer immediately?

excon · Nov 22, 2010, 10:13 AM

Hello l:

Be VERY, VERY careful what you say to the probation officer. They're the ones who prepare the PSI (pre sentence investigation). Since I, like you, plead guilty, I found no reason NOT to be candid with the PO... BIG MISTAKE. Although I plead guilty to ONE thing, during that interview, I admitted to the other things I was suspected of...

In terms of figuring out my prison custody, they used, NOT what I was convicted of, but what told the PO. In terms of figuring out my parole eligibility date, they used, NOT what I was convicted of, but what I told the PO.

Just be aware, this report is NOT being prepared to HELP you. It's being prepared to help THEM screw you over MORE. Be very careful what you tell them...

If you want to serve your sentence in another state, tell the judge. I wouldn't tell the PO. It won't matter anyway.

excon

larubia78 · Nov 22, 2010, 10:19 AM

Thank you... However, when I am being sentenced should I tell the judge at that time "IF" offered noncustodial probation & restitution or should I just wait till I meet with my parole officer after sentencing. Can the judge make this happen?

excon · Nov 22, 2010, 10:22 AM

Originally Posted by larubia78

Can the judge make this happen?

Hello again, l:

The judge CANNOT make it happen, but he can make recommendations that are almost always followed.

excon

larubia78 · Nov 22, 2010, 10:25 AM

Thanks again, so I guess I should be very vague in my responses at the interview and when I meet with the judge for sentencing I will mention this to him as well. I will also mention it to my lawyer prior to seeing the judge. In the meantime I am going to start looking for jobs so if I have any prospects I can bring this info with me...

larubia78 · Nov 22, 2010, 10:26 AM

Thanks again, so I guess I should be very vague in my responses at the interview and when I meet with the judge for sentencing I will mention this to him as well. I will also mention it to my lawyer prior to seeing the judge. In the meantime I am goi