ARE YOU PREPARED TO: 1. PARTICIPATE IN YOUR DEFENSE, 2. MAKE A ‘GREAT-FIRST-IMPRESSION’ AT YOUR; Presentence Interview, 3. EXPLAIN TO YOUR JUDGE WHAT HAPPENED IN YOUR LIFE, 4. Express Remorse For Your Victims, While Accepting Responsibility Without Any Excuses? Yes answers are steps in the right direction. This is not my idea – it comes from Attorney Alan Ellis ‘Interviews With Federal Judges, Nationwide‘.
Through my story, this video explains why finding the right attorney for you is important. Although this is your life-altering event, preparation and knowledge of what you are about to do could still result in a positive outcome.
THERE ARE NO GUARANTEES: WHAT YOU CAN DO IS:
- Participate In Your Defense with your Legal Team.
- Take the time to write a well-thought-out Personal Narrative (from the heart) and Release Plan.
- Ensure that everything is Organized and spell-checked.
- Ask for as many Character Reference Letters as possible, then pick the ten best. These letters speak to your Character from people who have known you for a long time. They are not letters that suggest to the Judge what sentence you should have.
- Last, give everything to your attorney in one file so that nothing gets lost.
In addition to a 98% conviction rate, the DOJ has very deep financial pockets to prosecute, and “your case” is mainly completed. Preparing for your presentence interview should be the most critical thing in your life, no matter the length of your expected sentence. The officer conducting your interview has tremendous sway over your judge and, therefore, your sentence.
Properly prepared, are you confident in understanding what makes up your presentence report (PSR)? All the information you gather will influence your life, so it is recommended that you present it to your probation officer 1-2 weeks before your interview.
After your interview and investigation, the probation officer (at this point, the most important person in your life) will write your presentence report – based on the information you provided. Your judge will sentence you based on your provided information that makes up your presentence report.
IF YOU ARE NOT SURE WHAT TO DO FIRST, START WITH A FREE CONSULTATION FOR YOU OR A LOVED ONE. THIS IS MY PERSONAL CELL (240.888.7778), AND I ANSWER AND RETURN ALL CALLS.
If comprehensive, it includes:
- Copies of all biographical backgrounds
- Copies of all personal identification
- Personal narrative
- Release plan
- Allocution
- Character reference letters
Understanding your:
- Pattern score
- SPARC-13
- Good time credits
- Eligibility Requirements of the First Step Act
- Earned time credits, etc.
- Financial Responsibility Program (FRP)
- Criminogenic risk factors
- Are you RDAP eligible?
- Second Chance Act, become familiar with its benefits
- Compassionate release, with the FSA providing options
Initially, it depended on your age or medical condition. The Second Look Act allows the court to examine the facts now, not just what happened at your sentencing.
- Bad lawyering
- The laws have changed
- Your need as a family caregiver
- The person got a raw deal at sentencing
- Was this a fair sentence based on the facts today?
- Extraordinary change in circumstances, allowing for a lower sentence or release
- The SARS-CoV-2 variant that causes COVID-19 keeps mutating, and science and the courts can’t keep up.
- The BOP encourages using the Administrative Remedy process (BP9-11 and 2241).
- Case Manager, counselor, unit team, warden, and how they can influence your journey through prison and early release, for better or worse.
This video covers preparation for your pre-sentence interview and needs to include everything about you:
- Your Personal Narrative
- Your Release Plan
- Your biographical background (all of your medical records, for example)
- Your personal identification
What are your expectations on day 1?
- What are the best times to arrive if self-surrendering?
- When you surrendered, what did you bring?
- Were you put in an isolation cell? Was it a surprise? Were you given a heads-up explanation with options, which are…
- There may be forms to be filled out – but you’re ready
- For most things going forward, you have been prepped on what to expect and how to act
Disappointment and Frustration
Or was all of this a surprise? Following everything we have reviewed, there is a plan to work toward early release, understanding that there are no guarantees. Disappointment and frustration likely will follow, but you are the only person who can control how you react.