So tfg is due to see a probation officer.

[duncang]

Tfg will be seeing a probation officer prior to the sentencing. He will probably be allowed his lawyer with him. That information will be forwarded to the judge so he can consider it. I’m sure his lawyer will try to prepare him prior to it.

The thing is tfg will be questioned about things like does he regret it, will he try to rehabilitate, health, and mental health, etc.. Along with a list of other things. He won’t be able to just sit and let his lawyer talk. How bad will he screw that up? I mean he can’t help himself. I’ve never been to a probation office. So I don’t have the full story on how that works. The information won’t come out about it unless he talks about it his self in public.

It wouldn’t surprise me if he posted how conflicted the officer was and say he was somehow controlled by President Biden. How unfair it was that the officer didn’t just let him go. He will whine the probation officer doesn’t believe he wasn’t guilty even though the probation officer doesn’t have any say in it. Just another case of injustice towards poor tfg.

[Sneederbunk]

1. Only the very best probation officer.

[Irish_Dem]

2. Some times there is a pre-sentence investigation.

The judge asks probation officers, doctors, psychologists to evaluate the felon
prior to sentencing to help make the most appropriate decisions regarding sentencing.

I used to do these kind of evaluations and the judge wanted to know about possible mental illness of course,
and also did the guilty person express guilt and remorse. Did they feel bad about what they had done.
This made a difference in sentencing.

[duncang]

4. A couple questions

I was assuming he would be allowed to have his lawyer. Correct?

During a mental health evaluation would he be allowed to have someone else with him? Would he be allowed to just bring in something from his own doctors?

[Irish_Dem]

9. Answers:

I did the formal Pre Sentencing Evaluations years ago, so I am not sure what is being done currently.
But over the years I did conduct some general evaluations and recommendations for the courts and probation offices.

There were never attorneys present, no one asked for that.
It was a court ordered evaluation, an order signed directly by the judge.
The felon had to be there, or it did not go well for him.

I never heard of other mental health professionals who had attorneys sit in on psych evaluations.

That said, most of us never had famous, very wealthy felons to evaluate.
So perhaps professionals located in other zip codes can answer this question better.

Personally I would not conduct a psych evaluation with a client's attorney present.
Then it becomes a game of legal wits and this is not my training.
It sets up an adversarial and guarded atmosphere which makes the evaluation difficult.

In some cases the court may have questions about the felon's intellectual level so I would
administer a lengthy and complicated IQ test. Or some long and complex personality inventories.
And other specialized tests according to the client, circumstances, and court requests.

These are restricted tests and protocols, not to be revealed to the general public.
An attorney breathing down our necks may change the outcome of the tests.
Or if the attorney challenges some of the protocol, the test is ruined.
These tests are administered according to strict testing protocols to allow for statistical accuracy.

But maybe other professionals are OK with that.
There are psychologists who also have a law license in addition to their psych license.

No most times the felon does not bring along someone else and if that happened I would
ask the extra person to remain in the waiting room. I would tell them that the court is asking for an individual
interview. That said in some cases I might want to see a family member to gather more information.
Or if the felon insisted I talk to someone else I might see them after the interview was over.
Depends upon the circumstances.

General medical doctors do not have the expertise to conduct a formal psych evaluation.
They do not have the training to administer psychological or intelligence tests.
Even psychiatrists who are medical doctors do not have the training to administer any of the psych testing.
They ask psychologists to do those evaluations. But a psychiatrist could do a mental status exam, history
and make a diagnosis.

[NanaCat]

10. Did you get called in for non-violent felony convictions?

I can see bringing you in for violent offenses, and even for repeat offenders of some non-violent crimes, but it would seem like overkill to bring in a therapist for a non-violent, low-level felony conviction.

But I wouldn't know how it works. As a crime victim, I was on the other end of a conviction.

[Irish_Dem]

12. Oh yes.

Some times even misdemeanors.

But yes shoplifting, various kinds of theft, flashers, strange traffic violations, etc.

I got called in for first or second offenders quite a bit.
The judge did not usually need my input for repeat offenders, he knew them fairly well already.
And if the crime was quite violent he did not always need input.

It was the newer criminals, or the ones with no prior history, or the ones doing strange things.
People the court thought were mentally ill.
The court wanted help and input on what to do with them.

For example why does a middle aged housewife with no priors suddenly start shoplifting at the local grocery store.
Why does a retired postal worker with a perfect record start exposing himself to the neighbors.
Why does a young construction worker start doing wheelies in his jeep and mowning down the lamp posts in
a Walmart shopping center.

I also saw quite a few sexual offenders. The judge wanted to know their history.
And if they had remorse or guilt.

That said, I did evaluate repeat criminals when the court wanted to know about the remorse and guilt part.
And what factors led to the repeated criminal behavior.

When I was working for the court, I evaluated the offenders.

But later in private practice I worked with victims.

[leftieNanner]

3. With tears in his eyes....

"Sir .... "

[marble falls]

5. I would pay to read the transcript or hear the tape.

[Fullduplexxx]

6. give him a drug test too

[getagrip_already]

7. Probation officers arent easily amused..

Pee into this cup while I watch.

Fill out these forms now.

Report back in four weeks. Answer your phone when I call.

Got it?

[EndlessWire]

13. I agree.

The terms of probation are very important. I hope it is a fairly long probation, because Trump can't control himself. He could get gagged and then break his probation. I don't think he is predisposed to follow instructions well. The same Judge, J. Marchen, could send him to jail for the rest of the probationary period.

Since Trump often shoots his own foot off, because he's entitled, you know, this could turn out to be what we want. And, if he gets probation, less appellate review? Less to complain about, and he could end up with actual jail time for a much longer period. He'll have an attorney to help negotiate the final terms, but I don't think there's much wiggle room. What's he gonna do, refuse to sign it?

This is going to turn out to be pretty entertaining. There is a possibility of warrantless searches...and he's twisted up that other warrant to say that they tried to kill him! Well, we can fix that, because now he could have no right to a warrant at all.

[EndlessWire]

16. Well, as much as I would like that

I think the sentencing guidelines will be followed by the Judge. It was pointed out that Judge Merchan said he didn't want to send him to jail. I think that was for the gag violations, but I think he will apply the guidelines. Class E felony just isn't worth much. But, he is a felon, he now has a criminal conviction, and one way or another the docs case is coming up (I think.) We'll have to see how the USSC screws us over regarding immunity. Trump is going to be on probation, and having to jump through those hoops will not be pleasant.

We have to work now on the upcoming election. Hunter Biden's trial is coming up; hope he fares well. Trump's minion's are going to slam him in order to get at Joe Biden. But, we'll get past that, too.

[duncang]

17. On that note

If he is put on probation for the 34 counts in a criminal case of fraud it would complicate things for him more. He’s already been found guilty in a civil case and has a court appointed monitor over his company. If the monitor finds he committed another act he could be in trouble both civil and criminal.

This is going to be fun watching.

[NanaCat]

11. If TSF tries that, it would be a really stupid move

The person doing the pre-sentencing report basically has him by the bollocks. This is the person who will evaluate whether or not to send this wanker to the nick. To wit:

A Judge uses a pre-sentence report to help decide the defendant’s punishment for the crime. The pre-sentence report is made by probation officers. The report is made after the conviction and before the date for Sentencing in felony and serious misdemeanor cases.

A probation officer (or a social worker or psychologist working for the probation department) interviews the defendant and checks the defendant’s criminal record. The probation officer may talk to the crime victim, the arresting officer, and the defendant’s family and friends. The pre-sentence report includes a statement about what happened, the defendant’s personal history and criminal record and a Victim Impact Statement. The report makes recommendations for sentencing.

The pre-sentence report is a chance for the defendant’s lawyer to say good things about the defendant, like that the defendant is in a counseling program or has a steady job and takes care of an ailing family member. The pre-sentence interview is a chance for the defendant to try to make a good impression and explain why he or she deserves a lighter punishment. The pre-sentence report is also a chance for a crime victim to explain how he or she has suffered and what he or she has lost.

Emphasis mine.

https://www.nycourts.gov/courthelp/criminal/preSentenceReport.shtml

This is not someone to abuse or tell lies about. Go in there with a belligerent attitude, or make statements in public that reveal hostility toward the probation officer, and I doubt that a light sentence will be as forthcoming as it might have been with a more mature and poised approach.

[lame54]

15. Make him pee in a cup

[usedtobedemgurl]

18. And the probation officer came up to me...

He was a burly guy. Obviously worked out at the gym. There was a tear flowing down his cheek as he said, “Sir, you have been treated so unfairly. I cannot believe what they did to you. I have some some chocolate cake and ice cream, for you sir. Three scoops! Would you like me to feed it to you, sir?”