Preparation, Sentence Mitigation

SERVING LESS TIME BEGINS WITH PREPARATION FOR YOUR PRESENTENCE INTERVIEW

 

This advice doesn’t come from me; instead, it comes from federal judges who have been interviewed across the country.

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Own the Mistake and Demonstrate Sincere Remorse, by Alan Ellis

An allocution can influence judges, but relying on it until sentencing can be a risky strategy.  First, construct a sentencing theory where your client acknowledges their mistake and shows genuine remorse. Then start by engaging with the probation officer—many judges begin considering the sentence when they receive the Presentence Report. Having your client take responsibility during the initial meeting with the probation officer is crucial.

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What Federal Judges Want to Know at Sentencing, by Alan Ellis

Alan Ellis Conclusion 

During the interviews, judges expressed concern that lawyers often fail to provide the necessary information at sentencing. Judge Schiltz noted, “It’s surprising how many otherwise competent attorneys ‘punt’ at the sentencing hearing.” Judge Scola advised lawyers to begin preparing for sentencing early, emphasizing that 99 percent of federal criminal clients will face it.

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Federal Judge Mark Bennett.
If your NARRATIVE was written and embedded within your Presentence Report (3 Min. VIDEO), your judge likely would have read it and learned more about you than just what was in your INDICTMENT. Depending on your NARRATIVE, judges across the country agree that they want to hear from YOU, the defendants, because they understand that crimes do not happen in a vacuum. 

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OUR PROCESS:

PREPARATION FOR YOUR ‘PRESENTATION INTERVIEW‘

  • At this point, you have been found Guilty at Trial or have entered a Plea of Guilty.
  • The Presentence Interview is the most important meeting of your life for many reasons. Why?
    • Your Judge depends on the Probation Officer who interviews you, as they will recommend your sentence and BOP placement. They have been working as a team for a long time. It only makes sense for you to make a new friend. How?
    • Your attorney has met them to understand how much they know. They’ll present your version of events, learn the dates for your Interview (Three Months out), and the date they have to turn in the final Presentence Report.
    • Making a Friend.
      • Please make sure you have copies made of everything they need, organized, and spell-checked.
      • Character Reference Letters. These are letters from people who have known you for a long time, know that you are going to prison, and are aware that this is so out of character for you. They mention the good deeds you have done, such as shoveling snow, mowing the lawn, and helping neighbors. They can come from relatives, employers, religious leaders, or businesspersons, large and small; that does not matter. They Should Not Recommend Sentences
      • Does the Judge know you personally (since childhood)? The Officer doing the Interview, Your Attorney?
        • If they do not understand who you are and do nothing, You Will Be Judged and Sentenced Based on Your Indictment.
        • How does that make you feel?
      • Learn what goes into a personal narrative and release plan, and then get all of this to the Probation Officer 1-2 weeks before your Interview. Why, Again?
        • These Officers are overworked and have No Time; some may appreciate getting everything they requested early.
        • They can then complete their PSR Worksheet, allowing them time during your interview to meet you personally and ask any remaining questions.
  • THERE’S MORE DETAIL BELOW
  • PROVIDING YOU WITH OUR BOP PLACEMENT PACKET, INCLUDING PROGRAMS SUPPORTING YOUR REQUEST

IF YOU ARE NOT SURE WHAT TO DO FIRST, START WITH A FREE CONSULTATION FOR YOU OR A LOVED ONE. THIS IS MY CELL (240.888.7778), AND I PERSONALLY ANSWER AND RETURN ALL OF MY CALLS.

Through my story, this video explains why finding the right attorney for you is important. This is your life-altering event. Preparation and Knowledge of what you are about to do could still result in a positive outcome. Knowing that the DOJ has a 98% conviction rate, what is a positive outcome for you? Learn from my experiences through my video.

RECEIVING A FEDERAL INDICTMENT CAN BE TERRIFYING
WHAT IS BEST FOR YOU: TRIAL OR PLEA?
DO YOU KNOW? THE DOJ HAS A 98% CONVICTION RATE.

THE SOONER YOU ACT, THE FEWER PROBLEMS YOU’LL HAVE. WHY?

  • IN ADDITION TO A 98% CONVICTION RATE, THE DOJ HAS VERY DEEP FINANCIAL POCKETS THAT THEY USE TO PROSECUTE YOU.
  • LEGAL REPRESENTATION IS YOUR FIRST DECISION; HOW WILL YOU PICK YOUR ATTORNEY? WHAT QUESTIONS SHOULD YOU ASK FIRST? 

PREPARATION – SO MANY QUESTIONS, WHO CAN YOU ASK FOR ADVICE

  • THERE’S FEAR, PANIC, DENIAL, AND DISBELIEF 
  • FINALLY, YOU DECIDE ON A LAWYER. WAS THIS THE RIGHT DECISION?
  • NOW, HOW TO SET YOURSELF UP FOR THE BEST POSSIBLE OUTCOME? WHAT DO YOU DO FIRST?

PREPARATION – EVEN A GREAT ATTORNEY CAN ONLY DO SO MUCH

  1. COUNSEL DEPENDS ON YOU TO BE 100% TRUTHFUL; THAT SOUNDS EASY – BUT NOT SO MUCH
  2. PREPARING FOR YOUR PRESENTENCE INTERVIEW SHOULD BE THE MOST IMPORTANT THING IN YOUR LIFE, NO MATTER THE LENGTH OF YOUR EXPECTED SENTENCE
  3. PROPERLY PREPARED,  ARE YOU CONFIDENT IN UNDERSTANDING WHAT MAKES UP YOUR PRESENTENCE REPORT (PSR) 
    • ALL THE INFORMATION YOU GATHER WILL INFLUENCE YOUR LIFE AND IS RECOMMENDED TO BE PRESENTED TO YOUR PROBATION OFFICER 1-2 WEEKS BEFORE YOUR INTERVIEW.
      • AFTER YOUR INTERVIEW AND INVESTIGATION, THE PROBATION OFFICER WILL WRITE THE PRESENTENCE REPORT – BASED ON THE INFORMATION THAT YOU PROVIDED
    • YOUR JUDGE WILL SENTENCE YOU BASED ON THE SAME INFORMATION YOU PROVIDED THAT NOW MAKES UP YOUR PRESENTENCE REPORT. IF COMPREHENSIVE, IT INCLUDES,
      • COPIES OF ALL BIOGRAPHICAL BACKGROUNDS (What is all this?)
      • COPIES OF ALL PERSONAL IDENTIFICATION DOCUMENTS 
      • PERSONAL NARRATIVE, 
      • RELEASE PLAN
      • ALLOCUTION
      • “CHARACTER” REFERENCE LETTERS
    • YOU SHOULD ALSO HAVE AN UNDERSTANDING OF YOUR,
      • PATTERN SCORE,
      • SPARC-13 
      • GOOD TIME CREDITS,
      • REQUIREMENTS OF THE FIRST STEP ACT
        • EARNED TIME CREDITS, ETC 
        • FINANCIAL RESPONSIBILITY PROGRAM (FRP)
        • CRIMINOGENIC RISK FACTORS
      • ARE YOU RDAP ELIGIBILE
      • SECOND CHANCE ACT: BECOME FAMILIAR WITH ITS BENEFITS
      • COMPASSIONATE RELEASE WITH THE FSA PROVIDES OPTIONS
        • INITIALLY, IT DEPENDS ON YOUR AGE OR MEDICAL CONDITION
        • THE SECOND LOOK ACT ALLOWS THE COURT TO LOOK AT THE FACTS NOW
          • NOT JUST – WHAT HAPPENED AT YOUR SENTENCING
          • THE ADMINISTRATIVE REMEDY PROCESS (BP9-11 AND 2241), the BOP ENCOURAGES ITS USE.
          • CASE MANAGER, COUNSELOR, UNIT TEAM, WARDEN, AND HOW THEY CAN INFLUENCE, FOR BETTER OR WORSE, YOUR JOURNEY THROUGH PRISON AND EARLY RELEASE.  ↓ BELOW IS YOUR PRESENTENCE INTERVIEW.

AFTER YOU ENTER PRISON – WHAT ARE YOUR EXPECTATIONS DAY 1?

  1. WHAT ARE THE BEST TIMES TO ARRIVE IF SELF-SURRENDERING
    1. WHEN YOU SURRENDERED, WHAT DID YOU BRING?
    2. WERE YOU PUT IN AN ISOLATION CELL? WAS IT A SURPRISE? WERE YOU GIVEN A HEADS-UP EXPLANATION WITH OPTIONS, WHICH ARE…
    3. THERE MAY BE FORMS TO BE FILLED OUT, BUT YOU’RE READY
    4. 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?
    5. FOLLOWING EVERYTHING WE HAVE REVIEWED, THERE IS A PLAN TO WORK TOWARD EARLY RELEASE, UNDERSTANDING THAT THERE ARE NO GUARANTEES.
    6. DISAPPOINTMENT AND FRUSTRATION LIKELY WILL FOLLOW, BUT THE ONLY PERSON WHO CAN CONTROL HOW YOU REACT IS YOU.

THIS VIDEO COVERS HOW YOU CAN WORK OR EARN YOUR WAY TOWARD FREEDOM, USING ELIZABETH HOLMES AS AN EXAMPLE OF WHAT IS POSSIBLE

DON’T LOSE YOUR EARLY RELEASE BENEFITS

Avoid Disciplinary Infractions: No cell phones or iPads (unless they are from the commissary). You Can Lose All Good Time Credit, Earned Time Credit, and RDAP and Possibly Get a New Charge.

Is your client a Veteran?

Alternatives to Prosecution and Incarceration for Justice-Involved Veterans

FCI Englewood

  • Provides services for those who suffer from higher instances of trauma, anxiety, depression, and physical disabilities.

If possible, connect your client with a facility that caters to veterans.

  • FCI Morgantown started a Veterans to Veterans Service Dog Training Program in 2011.

Catholic University Law Review; “Dog Training Programs support inmate rehabilitation.”

Other Military prisons with service dog training programs

  • NAVCONBRIG Miramar (aka Joint Regional Correctional Facility Southwest)
  • NW Joint Regional Correctional Facility, Ft. Lewis, Washington
  • Military Prison at Fort Leavenworth
  • Once their training is complete, these dogs are placed with veterans in the community who have:
    • PTSD
    • Mobility impairments
    • Contribute to other military service missions.
    • K9 Companions runs these programs for Independence.

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