Preparation, Sentence Mitigation

OUR PROCESS TO SERVE LESS TIME:  PREPARATION FOR YOUR INTERVIEW (PSI)

 

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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Your Narrative, Included In Your Presentence Report, And Your Allocution

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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MY PROCESS:

I. PREPARE FOR PRESENTENCE INTERVIEW

  • a. ▢ STAKEHOLDERS/ NARRATIVE/ RELEASE PLAN/ FRP
  • b. ▢ COMPREHENSIVE: PRESENTENCE INTERVIEW PREPARATION, MEDICAL HISTORY EVALUATION, AND PSI PAPERWORK

II. PREPARE FOR SENTENCE HEARING

  • c. ▢ ALLOCUTION
  • d. ▢ RELEASE PLAN (#2): Pre-Sentencing.
  • e. ▢ PLACEMENT REQUEST – Three Parts
  • f. ▢ PERSONALIZED BOP PLACEMENT PACKET – BASED ON REASONS/PROGRAMS.

III. PREPARE TO SURRENDER AND PRISON DAY ONE

  • g. ▢ Information /Expectations and Disappointments / Dos and Don’ts
  • h. ▢ CASE MANAGER/UNIT TEAM
  • i. ▢ FSA, TEACH A CLASS
  • j. ▢ RELEASE PLAN (#3) Growing
  • k. ▢ ADMINISTRATIVE REMEDY PROCESS
  • l. ▢ DEVELOP A ROUTINE THAT WORKS FOR YOU
  • m. ▢ INSURANCE, A DIFFERENT TYPE

IV. POST RELEASE [5/28/2025 Can Now Be Direct To Home Confinement]

  • n. ▢ HALFWAY HOUSE or HOME CONFINEMENT
  • o. ▢ SUPERVISED RELEASE

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CALL ME TODAY TO HAVE YOUR QUESTIONS ANSWERED – PLEASE DO NOT WAIT. YOUR 1st CALL IS ON ME. Dr. MARC, 240.888.7778

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PREPARATION FOR YOUR ‘PRESENTATION INTERVIEW‘

Understanding Its Role and Ensuring Positive Outcomes

**Understanding the Importance of the Presentence Interview**

The Presentence Interview is a key part of the sentencing process, whether you’ve gone to trial or pleaded guilty. The probation officer’s insights during the interview significantly influence the judge’s decisions and ultimately affect your sentence and placement in the Bureau of Prisons (BOP). Building a positive rapport with the probation officer is crucial, as their recommendations carry significant weight.

**Leveraging Your Attorney’s Expertise**

Your attorney is crucial in this process. They will interact with the probation officer to set up your interview, clarify expectations, and coordinate timelines. Ideally, this preparation phase should provide you with at least three months to prepare, gathering all necessary documents, personal narratives, and character reference letters, as well as addressing any business, individual, and medical needs you may have.

**Effective Preparation Strategies**

  • **Organizing Documents**: Ensure that all required paperwork is well-organized and properly formatted to make a positive impression.  
  • **Compiling Character References**: Assemble letters from individuals who know you well, showcasing your character without suggesting sentencing recommendations.
  • **Crafting Personal Narratives**: Prepare a narrative and release plan outlining your goals for rehabilitation and reintegration into society. Submit these 1-2 weeks before your interview for the probation officer’s review.

**Making a Lasting Positive Impression**

  • **Building a Connection**: Use the interview to present your true self beyond your charges, helping the judge and probation officer see you as more than your indictment.
  • **Supporting the Officer’s Workload**: Proactively submitting complete documents early makes it easier for the probation officer to engage with your story during the interview.

**Conclusion**

The Presentence Interview is a critical opportunity to shape your future. By preparing diligently and respecting the probation officer’s role, you can influence the judge’s decision and present yourself as someone capable of growth and redemption.

At this point, you have been found Guilty at Trial or have entered a Plea of Guilty.

PROVIDING YOU WITH OUR BOP PLACEMENT PACKET, INCLUDING PROGRAMS SUPPORTING YOUR REQUEST

YOU‘RE STILL NOT SURE WHAT TO DO FIRST, THIS IS MY CELL (240.888.7778). I PERSONALLY ANSWER AND RETURN ALL CALLS.

Through my story, this video explains why finding the right attorney is essential for you. 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 – CLOSED 2024/2025

  • 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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