The Presentence Investigation (PSI) in Minnesota

What the PSI Is

When a court orders a presentence investigation, a probation officer gathers information and prepares a report for the judge. The PSI typically covers the offense and its impact, the defendant's criminal history, personal and social background, employment, substance use or treatment history, and often a recommendation on disposition and conditions. Judges give the PSI significant weight.

What this means for you: The PSI is not a neutral formality — it often frames the sentencing conversation and carries a recommendation the judge takes seriously. It deserves real attention.

The PSI Interview

A central part of the process is an interview with the probation officer. What you say there can end up in the report and influence the recommendation. It is an opportunity to present yourself, your circumstances, and your steps toward accountability or rehabilitation — but it also carries risk, because statements about the offense can have consequences, particularly if any matters are still contested or could affect an appeal.

What this means for you: Going into the PSI interview unprepared is a mistake. Talk with your attorney first about what the interview will cover, what to address, and what caution is warranted — especially regarding the facts of the offense.

Preparing for the PSI

Good preparation can meaningfully improve the report. That can include:

• Understanding what the officer will ask and how the interview works;
• Gathering documentation — employment, treatment, education, character references, steps taken since the offense;
• Being ready to show accountability and a plan, where appropriate;
• Coordinating with counsel so the PSI and the defense's own sentencing materials reinforce each other.

Reviewing and Correcting the PSI

Once prepared, the PSI can be reviewed, and factual errors or disputed characterizations can be addressed before sentencing. Mistakes in criminal history, inaccurate descriptions of the offense, or unfair framing can be challenged. Correcting errors matters because the judge relies on the report.

What this means for you: Don't assume the PSI is accurate. Reviewing it carefully and correcting errors is an important step, because an uncorrected mistake can influence the sentence.

How the PSI Fits Into Sentencing

The PSI works alongside the presumptive sentence from the Guidelines and the defense's own sentencing memorandum and mitigation. While the PSI carries a recommendation, the defense can present its own narrative and argue for a different outcome. The two together shape what the judge ultimately does.