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  • E.

    Inform the client of the effects that admissions and other statements may have upon an appeal, retrial, parole proceedings, or other judicial proceedings, such as forfeiture or restitution proceedings;

  • F.

    Prepare the client to be interviewed by the official preparing the presentence report and seek adequate time for the client to examine the presentence report, if one is utilized by the court;

  • G.

    Inform the client of the sentence or range of sentences counsel will ask the court to consider; if the client and counsel disagree as to the sentence or sentences to be urged upon the court, counsel shall inform the client of the client’s right to speak personally for a particular sentence or sentences; and

  • H.

    Collect documents and affidavits to support the defense position and, when relevant, prepare witnesses to testify at the sentencing hearing; when necessary, counsel should specifically request the opportunity to present tangible and testimonial evidence and use subpoenas to secure relevant documents and witnesses.

Counsel should be familiar with the procedures concerning the preparation, submission, and verification of the presentence investigation report or similar document. In addition, counsel should:

  • A.

    Determine whether a presentence report will be prepared and submitted to the court prior to sentencing; if preparation of the report is optional, counsel should consider the strategic implications of requesting that a report be prepared;

  • B.

    Provide to the official preparing the report relevant information favorable to the client, including, when appropriate, the client's version of the offense, and supporting evidence;

C. Attend any interview of the client by an agency presentence investigator, if there is a significant risk that information damaging to the client will be obtained unless counsel intervenes;

  • D.

    Review the completed report;

  • E.

    Take appropriate steps to preserve and protect the client's interests, including requesting that a new report be prepared with the challenged or unproved information deleted before the report is distributed to correctional and parole officials, when the defense challenges information in the presentence report as being erroneous or misleading and:

    • 1.

      The court refuses to hold a hearing on a disputed allegation adverse to the client;

    • 2.

      The prosecution fails to prove an allegation; or

    • 3.

      The court finds an allegation not proved; and

  • F.

    When appropriate counsel should request permission to see copies of the report to be distributed

in order to verify that challenged information actually has been removed from the report.

34

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