Criminal Case, Medical, Preparation, Sentence Mitigation, Videos, White-Collar

DON’T BE DEFINED BY YOUR INDICTMENT

– A HEARTFELT ALLOCUTION BEGINS WITH A WELL-WRITTEN NARRATIVE.

Dr. M. Blatstein

Dr. M. Blatstein

WHITE-COLLAR SENTENCE MITIGATION SOLUTIONS | PHYSICIAN PRESENTENCE REPORT SERVICE | PRISON CONSULTANTS
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“It’s surprising how many otherwise competent attorneys ‘punt’ at the sentencing hearing.” – Federal Judge Patrick J. Schiltz.

The importance of writing your personal narrative and including it in your pre-sentence report.- Federal Judge Mark Bennett.

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A Great Allocution Starts With A Heartfelt Narrative

YOUR PROBATION OFFICER (P.O.) AND THE PRESENTENCE INTERVIEW.

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They are singlehandedly the most important person in your life, as your judge relies on their recommendations for your sentencing and placement. This is why you try to make them understand who you are and how you arrived at this point in your life.

Part of your preparation is gathering all of the documentation that the officer has requested through your attorney. This includes your medical record (and medications) if this applies. It seems like a mundane task, but take it seriously and get everything that they ask for, making sure that it is organized and spellchecked. Consider making two copies of everything, just in case.

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If you are in the middle of being prepped for surgery, you have had all of the conservative treatments documented, all of the pre-operative testing has been done, but there’s not time. Request that the judge, with the agreement of the prosecutor, recommend: First placement to a ‘FMC’ for your surgery, then Second, placement to a ‘Specific Facility’ for the remaining of your sentence. WHY? Because,

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In Prison, You Cannot Depend On 2nd Opinion Consultants.

Bureau physicians are not obligated to follow all consultant recommendations (PS. 6031.04 Pg 20-21).

If your loved one has an outside medical consult, request a Copy

MEDICAL: YOUR ‘MEDICAL RECORD’ IS YOUR INSURANCE

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All Records

If you have never been to the doctor or haven’t seen your physician (or dentist) recently, this is your opportunity to get a complete physical with EKG, EEG, or whatever other studies your physician feels are necessary, as well as to get your teeth cleaned, with x-rays. If you have a personal medical file, then now is the time to get copies of your record; please do not wait.

If you have a complex medical record and are concerned, all records must be included and reviewed by an expert before they get to your attorney. They know the law; most don’t know medicine. Doctors’ offices and hospitals are not all organized and waiting for you to come in and request your records; allow time for them to find those misplaced records. Some may point you to use their “Portal.” Either way, all of this takes time.

55 Sec. Video

Getting into the details, all medical records include doctors’ notes (office, hospital, surgery, pathology, etc.), Labs, Diagnostic Tests (x-ray, CT, MRI, PET, EEG, EKG, etc., [on paper, CD, and thumb drive]). Current Prescriptions: for medical devices and medications. Are your medications on the BOP Formulary or Non-Formulary List (there is a difference)? If they are Not Available, what is your plan? Is your attorney familiar with Therapeutic Equilavents?

If you have a health problem, it is best to find this out now, not when you’re in prison. That would be the worst time. The BOP attempts to convince judges, congress, and the press that all medical care is covered – but that is not the case.

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PREPARATION

At the same time, you should take the opportunity to craft a well-written personal narrative and release plan. Practice effectively communicating, to allocute with your judge, and collect letters that attest to your character. If someone expresses a willingness to consider hiring you in the future, despite your felony charge, and acknowledges your skills and character, this is a Great Character Letter of Support. Such endorsements can significantly enhance your prospects and demonstrate your potential for growth and success to your judge. This should be added to your personal narrative and embedded into your Presentence Repoprt.

Take great care in collecting all the information your probation officer has requested and ensure that everything is submitted together (so that files do not get misplaced), first to your attorney, who will review it, and then forward it to the officer approximately one week before the interview.

Now is your opportunity to convincingly demonstrate to the court your genuine commitment to transforming your life. This critical journey begins at your Presentence Interview with thoughtfully crafting your Personal Narrative and Release Plan.

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PERSONAL NARRATIVE.

Your Narrative Is Your Story, Your Brand

 

Crafting your story through Your Narrative offers a powerful opportunity to convey the journey that has shaped your life. This process is more than just writing; it is a profound and introspective exploration that compels you to confront your deepest thoughts and emotions. This is not just an autobiography; it is an honest account of your life and the lives of those around you, encompassing both the triumphs and the struggles. To effectively capture this story, it may be beneficial to collaborate with an expert in federal sentencing mitigation who can provide insight and guidance. Ultimately, this narrative reflects your life and requires time, introspection, and authenticity.

  • NATURE and CIRCUMSTANCE. You want to include 1) what led you to this, 2) how you got involved, and 3) what your involvement was. [Check that your involvement reflects what is in the official Presentence Report.]
  • HISTORY and CHARACTERISTICS.1) I sincerely regret my actions and the pain I’ve caused to my victims. 2) My behavior has led to significant suffering and hardship for those affected. 3) I started actively participating in NA, AA, or therapy and am committed to making restitution. 4) Reflecting on my family background (including the good and the bad parts), I recognize its influence on my choices, both positive and negative. 5) Traumatic events in my life have shaped my behavior and decisions. 6) I have made these positive contributions, demonstrating my commitment to change. 7) This is my clear plan for the future to avoid past behaviors.
  • Mention if you have already started taking these before your Indictment or Presentence Interview (if applicable AA, NA, Gambling, or Sex offense) therapy and forensic (per your attorney, for example, Dementia). There is only 1 Prison Nationwide with a very limited number of beds, and while this is an FMC, there is a severe staffing shortage of both healthcare and correction staff.

If the resulting Narrative or Your Story is quite the opposite of the DOJ’s Indictment of you, where you sounded like ‘America’s Most Wanted’, you did a Great Job!

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SUBMIT ALL OF YOUR INFORMATION TOGETHER – ONE TIME

SUBMIT ALL OF YOUR INFORMATION AFTER YOU HAVE IT REVIEWED, ORGANIZED, AND SPELLCHECKED

  • FIRST TO YOUR ATTORNEY IN ONE (1) FILE, THEN IT’S FORWARDED TO THE OFFICER CONDUCTING THE INTERVIEW. IT’S BE BEST RECEIVED BY THE OFFICER 5-10 DAYS BEFORE YOUR INTERVIEW.

This preparation is critical. The probation officer will have the time to complete their PSR Worksheet. This allows them the time at your interview to get to know who you are personally and ask any remaining questions they may have. It’s an opportunity to share your story and help them understand the circumstances that led to your mistakes. By making a powerful and lasting impression that underscores your commitment to meaningful change and personal growth, you could significantly enhance your chances of receiving a favorable recommendation from the judge.

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YOUR JUDGE.

Judges are aware that crimes don’t occur in a vacuum. How can you humanize yourself to your judge? Will you be prepared to allocute (or speak) with them?

Before entering the courtroom, all they have read is your Indictment unless you have provided a well-written Personal Narrative to your Probation Officer 1-2 weeks before your interview to include it in your Presentence Report.

Your Judge Already Knows That,

  • Your attorney is paid to keep you out of prison.
  • The DOJ wants a conviction.
  • The Prosecutor wants you in prison to protect society because you represent everything wrong.
  • The one person the judge knows nothing about is you. This is your chance to be heard. Are you ready to take this opportunity for your allocution and share your true self?

On the other hand, if you do nothing, the judge will have limited options other than to sentence you based on the four corners of your Indictment.

If you find this helpful, please subscribe and share it with your colleagues. With more to follow, should you have any questions, are interested in engaging my services, or have any suggestions for future topics, I am easy to reach 📞, and thank you for your time.

Marc, Dr. Blatstein

WHITE-COLLAR, SENTENCE MITIGATION SOLUTIONS

Humanizing Your Client Through Their Personal Narrative, Release Plan, and Allocution