Preparation of Objections
ABSENT A COURT GRANTED CONTINUANCE IN THE SENTENCE DATE, THIS SERVICE MUST BE COMPLETED WITHIN 14 DAYS OF THE INITIAL DISCLOSURE OF THE PRESENTENCE REPORT.
Service includes:
- Preparation of productive and necessary written objections
- Suggestions for resolving disputed issues
- Identification of corrections or changes for resolution in an unwritten manner
- Identification of departures or variances, not previously identified
The submission of objections is the Achilles heel and sometimes the downfall of many good attorneys. Counterproductive or unnecessary objections should be avoided. The framing of objections can result in a revised Presentence Report that is either more lenient or more punitive for the defendant. Objections should be filed early and an attempt should be made to resolve those objections well before the final report is provided to the Court. The purpose of filing objections should be to resolve guideline issues and factual disputes, as well as to identify any further departure or variance issues that have not been previously addressed or identified in the Presentence Report. Once submitted, objections become part of the permanent sentencing record and Presentence Report. Minor errors, changes, or information received subsequent to the initial disclosure of the Presentence Report should be handled in another manner, and not framed as a written objection.