Defendants who enter a plea upon arraignment and receive "time served" have sentencing hearings that barely last a few minutes. But most defendants receive a presentence work-up, in which they are interviewed by the probation department, who prepares a report for the judge. Read about these hearings, the reports, and how they're used by judges.
At a sentencing hearing, the judge will review the presentence report (prepared by the probation office) and hear arguments from both the prosecutor and the defense attorney—and sometimes, the victim.
Learn about the importance of presentence investigations and reports, why defendants need to prepare for presentence interviews, and how to improve a presentence report.
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At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.