When this happens, the attorney for the federal government should, after all, furnish the requested info whether it is available and no prejudice to regulation enforcement pursuits will result from its disclosure. Having read the presentence report before the sentencing listening to the defendant or his/her attorney may dispute particular factual statements made therein. More probably, with out immediately difficult the accuracy of the report, the defense presentation on the hearing might omit reference to the derogatory information in the report whereas stressing any favorable info and drawing all inferences beneficial to the defendant. Some degree of selectivity in the defense presentation can reasonably be anticipated, and might be acknowledged by the court docket.
To trigger this proper, the defendant must be dealing with a criminal prosecution that carries a possible prison time period, whether immediate or suspended in lieu of court-imposed phrases of probation. The court-appointed lawyer, meanwhile, must …
