Blog, Criminal Case, Preparation, Sentence Mitigation

THIS COULD BE A REAL-LIFE STORY

Jailed, Terrified, Not Yet Tried or Sentenced.

For some reason, prosecutors are refusing to offer or accept any deals. At the same time, the prosecutor and judge may be very skeptical of anything he says or does, possibly because his indictment has already laid out his story, which isn’t that flattering.

There is a significant current and past medical and mental health history that has yet to be assessed by outside resources but is being seen by the jail’s medical. All that tells us is that the lowest primary type of care is provided until this can be verified otherwise.

Since a plea is ‘off’ the table and a trial is unavoidable, the DOJ has a 98% conviction rate—which is not a good position. If the defendant does nothing to help himself, he will be convicted based on the four corners of his Indictment.

What Can He/She Do To Help Themself?

 

Judges recognize that crimes don’t happen in a vacuum and that:

• The Department of Justice (DOJ) seeks a conviction.
• The Prosecutor aims for jail or prison time to ensure societal protection.

1. 1. **Retribution**: This is the belief that individuals who break the law deserve punishment.
   2. **Deterrence**: This refers to the notion that the prison system should discourage potential criminals from offending.
   3. **Incapacitation**: This concept holds that prisons should remove offenders from communities to protect the public.
   4. **Rehabilitation**: This is the idea that prisons should help rehabilitate criminal offenders.

• Counsel, your Attorney

1. 1. Attorneys are paid to speak positively about you,
   2. Are paid to keep you out of prison. However, they may not comprehensively understand your background, which could aid your defense.
   3. **When Interview Attorneys**: Ask questions to gather information; this is your future – your life.

 

The one person that the judge knows very little about is you,

• If you do nothing, the judge will base your sentencing solely on your Indictment. To prepare effectively, consider the following steps:
  1. **Write a Personal Narrative**: This should convey your story and perspective.
  2. **Develop a Release Plan**:
  3.  **Acknowledge Responsibility**: Recognize the pain you have caused to your victims.
  4. **Utilize Your Time Wisely**: Describe how you will use your time in prison for self-reflection and personal development through programs such as education (FSA), post-secondary education, and mentoring others.
  5. **Create a Routine**: Plan a daily routine starting from Day 1 of your sentence.
  6. Understand Prison Etiquette: Before your arrival, familiarize yourself with the dos and don’ts of prison life.
  7. **Request Character Reference Letters**: Seek letters from individuals who can speak positively about your character.
  8. **Practice Your Allocution**: Prepare to address the judge at sentencing, expressing your thoughts and feelings clearly. Your judge will want to know your plan to not return to their courtroom. Believe them!
     • Speak from the heart and honestly; they have been sentencing people for Years and have sensitive “BS” Detectors. Please Do Not Lie.
     • No GED? Let your judge know you intend to get your GED or post-education degree. 

1.  

Embarking on this journey is a powerful decision that calls for time, deep reflection, and the courage to face your inner thoughts. By exploring your childhood and the pivotal events that have shaped your actions, you will reveal profound insights that can guide your path. It’s crucial to consider every experience—whether it was uplifting, challenging, or somewhere in between. This process may require dedication and requesting help from others, but the transformative benefits will open doors to a more fulfilling and productive future. Don’t hesitate; take the first step toward your growth today.

Providing your attorney with your biographical background will help in your defense and with the courts,

• A well-written NARRATIVE and Release Plan
• Letters that Attest to your Character
• Your personal background experiences for childhood, including the good, the bad, and the ugly,
• Take responsibility for your actions without excuses while being remorseful for the harm caused to your victims.
• With all the documents requested by the Probation Officer (P.O.), you’ve provided everything organized and spellchecked 1-2 weeks before your PSI. 
• The P.O. may appreciate that you provided everything they needed early and respected their time. This allows them to leave the interview with a better view of who you are, possibly passing that on to your judge.
• The most beneficial is when they incorporate your NARRATIVE and Release Plan into the Official Presentence Report.

While there are no guarantees, doing nothing only guarantees one outcome: your judge will have to sentence you based solely on your indictment. This is not ideal. Call me, Dr. Marc, at 240.888.7778.