Can I read the probation report before the hearing?

Defendants and their counsel usually have access to the presentence report.

Question

Can I read the probation report before the hearing?

Answer

Defendants and their attorneys usually have access to the presentence report before the sentencing hearing. However, the sentence recommendations and information from any confidential sources may be excluded from the copy given to the defense. The defense should review the report thoroughly for factual mistakes. Procedural rules (such as Federal Rule of Criminal Procedure 32 (i)) typically give the defendant and defense counsel the right to comment on the presentence report at the sentencing hearing and to introduce evidence to rebut any factual mistakes.

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