Criminal Case, Preparation, Sentence Mitigation

YOUR PROBATION OFFICER DURING YOUR INTERVIEW OR YOUR JUDGE AT SENTENCING?

 

YOU CONTROL YOUR FUTURE.

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WHO DO YOU NEED ON YOUR SIDE?

IS IT YOUR PROBATION OFFICER AT YOUR INTERVIEW (PSI) OR YOUR JUDGE?

I’m Dr. Marc Blatstein. I’ve been where you are and am here to help you on your journey. With work, I got my license reinstated and my career back. While I can’t make promises, preparing for your Presentence Interview is critical for a successful journey, and from my experience, both are helpful.

Preparing for release (at least considering it) before your PSI is a step in the right direction. You may do something completely different, but having a Plan and Daily Routine for day 1 in prison that outlines what to expect is a good start.

A crucial factor is whether this is your first offense or you have been here before. This is not a trick question, but it’s a significant one.

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I) Everything starts with Legal representation, which is your first job, but you need to ask questions and interview them first.

This is just a Quick Overview,

1. Do they practice federal criminal defense in a federal court?

2. Is their experience with cases like yours? It sounds like common sense, right?

I had a client whose attorney mostly did Personal Injury, which they learned after sentencing – not Great.

3. If you want to go to trial (just feeling your right is insufficient), I give you FTX Sam Bankman-Fried and Elizabeth Holmes.

Remember that the DOJ has a 90+% conviction rate. Before Taking This Step, Ask: How many Trials or Appeals have they won?

4. Don’t anger the court – before they ever meet you. That’s playing Russian Roulette with your life.

5. What is their opinion regarding providing your Sentencing Length and Placement Request (all previously discussed with the officer) to your Probation Officer with your Narrative and Release Plan under the Guidelines before the Interview (PSI)?

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II) In preparing for your Interview with your Probation Officer (PO) requested for your Interview (PSI), judges across the country have been interviewed, and two common themes are quoted here:

“It’s surprising how many otherwise competent attorneys ‘punt’ at the sentencing hearing.”
– Federal Judge Patrick J. Schiltz

“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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Your Probation Officer will have a list of documents they need copies of.

Do Not wait. Have everything copied, organized, and spell-checked, including your Personal Narrative and Release Plan.

Why, your Personal Narrative?

Judges understand that crimes do not happen in a vacuum, and they already know what your Attorney (wants you to have no prison time) and the DOJ and the Prosecutor want; both want you in prison.

• The only person they do not know is you, and why you did what you did? 

Your narrative is your opportunity to humanize yourself to the court. The Department of Justice has already told your story through your indictment. A well-written narrative shares your life history while accepting responsibility and remorse for the victims harmed.

To date, the DOJ has published your story or autobiography in the form of your INDICTMENT, which was released everywhere across the net, and if you do nothing, your judge will read and assume it’s the gospel truth.

If you don’t agree with 100% of your INDICTMENT, you have a choice: to tell your story through Your NARRATIVE. I’m available to answer any questions.

⇑⇑ June 2023 ⇑⇑ 

The Probation Officer conducting the interview has sway over their judges and can help them answer these questions.

• Judges want to know why you did what you did. After learning why, did you take responsibility for your actions? Do you have remorse for the harm caused to the victims of the crime you have perpetrated?

 Probation officers look to answer some of the most pertinent considerations: the Nature and Circumstances of the offense itself and the offender’s Personal History and Individual Characteristics.

E Factors refer to circumstances that may warrant a departure

These factors include aspects of the offense or the offender’s background that the guidelines do not adequately consider.

1. The defendant’s role in the offense
2. The defendant’s criminal history
3. The presence of substantial assistance provided by the defendant to law enforcement
4. The defendant’s mental or physical condition
   • Mental Illness: current treating therapist?
   • Was there a history of significant abuse or trauma growing up?
   • Was substance abuse involved in your charge(s)? Did you start treatment before your indictment, the guilty hearing, Presentence Interview (PSI), or Sentencing?

F Factors refer to circumstances that may justify imposing a sentence 

1. The Nature and Circumstances of the Offense
2. The History and Characteristics of the Defendant
3. The sentence must reflect the offense’s seriousness, promote respect for the law, and provide just punishment.
4. There is a need to afford adequate deterrence to criminal conduct.
5. The public must be protected from further crimes the defendant commits.
6. The defendant must receive educational or vocational training, medical care, or other correctional treatment.

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III) The Answer To Question # I:  WHICH CAN YOU IMPACT THE MOST, YOUR SENTENCING OR INTERVIEW?

BOTH!

• We all get one chance to make a great first impression. 
• In your interview with the probation officer, they can sway your judge.
• Once the judge gets their officer’s feedback, it’s up to you to use your narrative and speak to your judge from the heart. There is no BS, and positive things have happened. 
• Be honest and heartfelt. By this point, you have practiced and owned all the details. Now, share and know that nervousness is typical.

Several more tricks;

1. 1. 1. Actively listen.
      2. Arrive early.
      3. Be authentic.
      4. Be empathetic.
      5. Be mindful of your body language and posture.
      6. Choose your words wisely.
      7. Come prepared.
      8. Don’t forget to follow up. (Counsel will do this)
      9. Dress the part.
      10. Know your audience.
      11. Make a connection.
      12. Make eye contact.
      13. Modulate your pitch and tone of voice.
      14. Put your phone away. (and turn it off)

Questions?

240.888.7778

Dr. Blatstein

PPRSUS.com

Physician Presentence Report Service

• • • Sentence Mitigation
    • Humanizing Yourself To Your Judge
    • The Narrative, Release Plan, Allocution
    • Education and the Daily Life in Prison, The Do’s and Don’ts

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