Dr. M Blatstein's Blog

INDICTED AND FACING PRISON: AN INTRODUCTION

 Judge Patrick J. Schiltz:

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

 

Federal Judge Robert N. Scola:

Judge Scola suggested that lawyers take a page out of the book from our death penalty colleagues and advised,

“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.

Hello, and thank you for tuning into my series, INDICTED AND FACING PRISON: NOW WHAT?

My goal in this series is to provide you with the crucial information you’ll need to survive and navigate these times. I’ll cover a new topic daily so you can move forward with Knowledge, Preparation, and Confidence.

Federal Judge Scola speaks from experience, and this series will highlight what you need to do while advocating for yourself.

Whether you are a COO, CEO, Physician, Lawyer, politician, or anybody else, your decisions today will determine your future.

THERE IS A DOJ-HHS-OIG-OPM WHITE-COLLAR TASK FORCE, and once they’re in a hunt with your name…

I will cover the do’s, Don’ts, and what-ifs in this series.

  • No one can promise that: I know the judge, don’t worry.
  • There’s ‘no rush to prepare’ – Wrong; after you’ve heard that the Feds are asking questions, be worried.
  • Trials: 2% win; your world is still shattered even if you win and go home.

At sentencing are those who Plea or have lost at Trial

  • What can you do to defend yourself? Learn and follow…

Stages

Indictment

Arraignment

  • Release on personal recognizance.
  • Bail or Bond, You’re on Pretrial Supervision, Follow the rules.
  • Remanded, you go directly to jail.

Plea or Trial: Your Defense

  • A Well Written Personal Narrative (this is your BRAND, Story, or Autobiography).
    • Why? Because the DOJ has gifted you their Story of you: Your Indictment as America’s Most Wanted
  • Release Plan: Your judge (wants you to know they do not want to see you in their courtroom) and other STAKEHOLDERS will want to know your future plans.

Trial Win, Go Home

Trial Lose and Plea

  • Pre Trial-Supervision
  • Personal Recognizance
  • Remanded

Presentence Interview/Investigation Preparation,

  • Your Personal NARRATIVE,
  • Release Plan,
  • Allocution Practiced

The Probation Officer who writes your Presentence Report- Your Advocate?

  • They’re overworked and have no time.
  • Getting all your files to them one week early, Comprehensive and Organized, may be appreciated.

Sentencing.

  • Your Personal NARRATIVE and Release Plan, if attached to your PSR are read by the Judge and could affect your Sentence.
  • Your Allocution is your conversation with your Judge; practiced.

Sentence options.

  • Prison, Halfway House, Home Confinement, Diversion sentencing, or a Combination.
  • If you violate any arbitrary rules, it’s possibly sent back to prison.

Probation Supervised Release.

  • And then you’re mostly done, except for your Felony.
  • You’re still under the BOP Rules.
  • You’re at the mercy of your
  • Restitution or not, they will want you to work, volunteer, or care for a relative – but doing nothing may not work.
  • If you do not include a Narrative in your PSR, they will only read about you from your Indictment and BOP File.

To engage my services or to have your concerns answered, Call me Today: 240.888.7778. This is my Cell, and I personally answer and return all calls. You can also get additional information on my website at PPRSUS.com.

Physician Presentence Report Service, LLC