Criminal Case, Preparation, Sentence Mitigation

Your Clients Have Fears – What Can You Tell Them?

We are undergoing a major democratic upheaval that profoundly affects our government, its agencies, and our personal lives like never before! During this challenging time, your clients are understandably filled with anxiety as they confront the unsettling prospect of incarceration.

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It is essential not only to acknowledge their fears but also to provide consistent reassurance and guidance. Together, we can navigate this uncertainty, empowering them to face the future with confidence and resilience. Several truths can coexist simultaneously: 1) During his first term, he enacted The First Step Act (which we hope he continues to expand). These credits can now be applied together with the Second Chance Act (and RDAP if applicable), providing an earlier release date option. 2) While the prisons are overcrowded and understaffed, he now requires them to accept *ICE detainees, mixing detainees with inmates [Nothing Can Go Wrong Here. Right?]. 3) While low, inmate and staff morale will need to endure.

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*The Bureau of Prisons (BOP) has been told to take on responsibilities related to immigration, assisting in investigations and housing detainees. Facilities like the FDC in Miami and the Federal Correctional Institutions in Atlanta and Berlin are housing hundreds of immigrants. U.S. Immigration and Customs Enforcement (ICE) is also considering expanding to additional BOP facilities, including FCI Dublin and FPC Morgantown, which were set to close in 12/2024. This shift marks a significant change from the BOP’s traditional role of only housing convicted criminals and increases the responsibilities of staff and the BOP. …No Surprise Here, Too.

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The most one can do is prepare – don’t depend on the facility;

• Preparation for their Presentence Interview: This includes a Narrative, Release Plan, Medical File (where applicable), Character Support (and post-release job reference) Letters, and everything else the Probation Officer requested.
• Enter with a Planned Daily Routine: Programs to take, an Assessment Survey to Fill out ASAP, Books to read, and a log book or journal to document what you do, conversations you’ve had with staff, and what you’ve learned from FSA Programs and Reading. Did you teach a class? Include this, too.
  • This will be your Life Insurance Packet inside the BOP or until you’re off Supervised Release.
• Are you eligible for RDAP and FSA Programs?

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The Second Chance Act of 2007 (SCA)

• This permits up to one year of halfway house or home confinement for all prisoners, irrespective of their offense, security level, or recidivism history.
• This act is Mandatory, meaning All prisoners are eligible, but they must undergo an Individual Assessment to Determine The Length of Their Placement, not their eligibility. Additionally, the Second Chance Act (SCA) of 2007 (Public Law 110-199), reauthorized by the First Step Act of 2018, the First Step Act (FSA), and the Residential Drug Abuse Program (RDAP) can be combined to reduce the time spent in prison further.
• Officially cited as Public Law 110-199, also known as the Community Safety Through Recidivism Prevention”.

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The Administrative Remedy Process

The BOP strongly urges all inmates to take full advantage of the Administrative Remedy Process to address any grievances they may encounter. This process is crucial for ensuring that your concerns are acknowledged and resolved effectively. While it may not be the most transparent or efficient system, it remains the primary avenue available and has shown to be effective in resolving some issues.

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RDAP – FSA – SCA

We understand that facing a 36-month sentence can be incredibly daunting, but there is a glimmer of hope if you have RDAP credit and qualify for FSA. You might be able to return home before reaching the halfway mark. We recognize the challenges you’re going through, and we want to reassure you that an earlier homecoming is possible. Derek Gilna, Director of Research, Federal Legal News

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Physician Presentence Report Service
Dr. Blatstein
240.888.7778
PPRSUS.com
WHITE-COLLAR, SENTENCE MITIGATION SOLUTIONS