Criminal Case, Dr. Marc Blatstein Blog, Medical, Preparation, Sentence Mitigation, White-Collar

UNDERSTANDING YOUR JUDGE, WHAT THEY WANT TO LEARN ABOUT YOU – AS YOU PREPARE FOR SENTENCING.

Once you’ve BEEN criminally indicted, SENTENCE PREPARATION STARTS. DO NOT WAIT. – Federal Judge Robert N. Scola

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IT’S NEVER TOO EARLY TO PREPARE – THIS IS “YOUR” LIFE 

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PREPARING FOR YOUR INTERVIEW CAN’T BE TOO EARLY.

YOUR PRESENTENCE REPORT DICTATES EVERYTHING THAT WILL HAPPEN TO YOU.

AFTER, YOU’LL BE IN PRISON.

ONCE IN THE BOP – YOU’RE ON YOUR OWN.

PREPARE FOR THE DO’S AND DON’TS OF LIFE INSIDE.

FOR MOST THINGS, YOUR ATTORNEY CANNOT HELP YOU.

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SOME OF THE DO’S AND DO N’TS.

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SOME IMPORTANT ISSUES

  • FSA – TAKE YOUR ASSESSMENT SURVEY. NO SURVEY = NO ETC (EVEN IF YOU TOOK THE FSA PROGRAMS
  • RESTITUTION AND THE FINANCIAL RESPONSIBILITY PROGRAM (FRP). REFUSE…
    • COMMISSARY TRUST FUND ACCOUNT ≠ BANK ACCOUNT (THE DOJ WANTS 75%)
  • MEDICAL
    • DON’T ASSUME THAT YOU, YOUR ATTORNEY, AND YOUR PHYSICIAN HAVE,
      • CHECKED IF YOUR MEDICATIONS ARE AVAILABLE
      • GENERIC ON-FORMULARY

      • THERAPEUTIC SUBSTITUTIONS ARE USED WHEN THEY ARE TOO EXPENSIVE OR NOT AVAILABLE.

        • OR ARE JUST NOT AVAILABLE
          • WHAT IS YOUR PLAN?
        • MEDICAL DEVICES: CPAP, BPAP, DIABETIC SOFT SHOE, PROSTHETIC…
        • MEDICAL RECORDS, ALL OF THEM, DIAGNOSTIC, LABS AND SURGERIES, WITH PHYSICIAN CONTACT INFO.
    • EVEN WITH A COMPREHENSIVE PSI MEDICAL RECORD PREPARATION, THINGS CAN GO WRONG
      • The defendant surrendered to the BOP with 50 mg of Hydrochlorothiazide, a prescribed medication on the BOP Formulary. After the dose was reduced due to ineffectiveness, a different medication led to ER visits, a TIA, and a Judge ordering COMPASSIONATE RELEASE. His sentencing order did not include death.

    • A REVIEW OF WHAT TO DO WHEN MEDICAL CARE IS NOT PROVIDED
    • TOPICS

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I) HEALTHCARE DELAYED: RECENT EXAMPLES: COMPASSIONATE RELEASE

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II) PREPARATION: WHAT YOU CAN DO

          • Personal Narrative.
          • Preparing to Alocute with Your Judge
          • Letters attesting to your Character.
          • Developing a Release Plan.
          • Understanding The Administrative Remedy Process.

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III) HOW THE BOP CLASSIFIES DEATH: NATURAL OR SUSPICIOUS, NOW QUESTIONED.

    • There is little scrutiny of ‘natural’ deaths behind bars
      • The BOP does not conduct autopsies for natural deaths but performs a mortality review for each inmate death, assessing how the death was handled and if it could have been prevented. This information is not shared with the public or families.
      • Unnatural deaths in federal prisons, such as homicides or suicides, require investigation, while most deaths are classified as natural, resulting in less scrutiny and leaving families with unanswered questions.
      • NPR highlighted issues in various prisons, including an inmate in Springfield, Mo., who waited weeks for treatment for digestive bleeding before dying. Another in Arkansas complained of stomach pain for a year and a half, without further details given to his family. In Missouri, an inmate’s death was initially deemed natural but later classified as a homicide, with the family receiving autopsy results five years later.
    • BUNK (Upper, lower)
      • Avoid choosing an upper bunk if you’ve had major joint replacement, have an unstable gait, are older, or have a history of back, shoulder, or foot pain, including surgery, as well as conditions like tinnitus or other medical issues.

    • SOFT SHOE
      • Diabetics, Raynaud’s, or those with poor circulation, bone deformities, are predisposed to ulcers. Most important in shoe gear is the width and the plantar insert that absorbs shear forces during normal gait.
    • THE BOP’s HISTORY: STAFFING, CULTURAL, AND FINANCIAL
      • This is all over the press with another new Director. We can only control ourselves, follow our plan, stay healthy, and avoid trouble.

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GRIEVEINCES: WHAT ARE YOUR (NOT YOUR ATTORNEYS) OPTIONS, INITIALLY?

    • YOU NEED A CALENDAR, THEY’RE TIME-SENSITIVE, AND MUST BE COMPLETED TO THE END.

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OTHERS:

VISITS, MONEY, MAIL, CELL PHONES, EMAIL, COMMISARY, BOP PLACEMENT RECOMMENDATION, RDAP ELIGIBLE, PUBLIC SAFETY FACTOR (PSF: KINGPIN?)…

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THIS ADVICE COMES FROM FEDERAL JUDGES ACROSS THE COUNTRY.

 

“Don’t wait to think about sentencing advocacy,” since 99 percent of federal criminal clients will be facing sentencing, start preparing the case for sentencing early on.

–Federal Judge Robert N. Scola

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“It’s surprising how many otherwise competent attorneys punt at the sentencing hearing.”

–Federal Judge Patrick J. Schiltz

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“…the importance of writing your personal narrative and including it in your pre-sentence report.”

–Federal Judge Mark Bennett

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