Unless waived by the parties, a pre-sentence report must be made available by the court to the defendant's attorney, defendant (if no attorney) and prosecutor not less than _____ prior to sentencing.

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Multiple Choice

Unless waived by the parties, a pre-sentence report must be made available by the court to the defendant's attorney, defendant (if no attorney) and prosecutor not less than _____ prior to sentencing.

Explanation:
The timing of pre-sentence reports hinges on giving the defense, the defendant, and the prosecutor a chance to review the information before sentencing. Unless all parties waive it, the court must make the pre-sentence report available not less than one day prior to sentencing. That one-day minimum ensures everyone has a prompt opportunity to read the report, raise objections, and prepare any recommendations that could affect the sentence. If the parties do waive the requirement, the court can proceed with less notice, but the baseline expectation is one day. The other suggested timeframes imply longer notice, which isn’t the required minimum in this rule.

The timing of pre-sentence reports hinges on giving the defense, the defendant, and the prosecutor a chance to review the information before sentencing. Unless all parties waive it, the court must make the pre-sentence report available not less than one day prior to sentencing. That one-day minimum ensures everyone has a prompt opportunity to read the report, raise objections, and prepare any recommendations that could affect the sentence. If the parties do waive the requirement, the court can proceed with less notice, but the baseline expectation is one day. The other suggested timeframes imply longer notice, which isn’t the required minimum in this rule.

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