THE PROBATION REPORT WORKSHEET, WILL YOU BE PREPARED?

Humanize You To Your Judge Through: 1)Your Personal (Story) Narrative, 2)Prepping You For Your Presentence Interview, and 3)Prison Expectations – What Happens Day One (The Dos and Don’ts Inside)

Preparing defendants for their Presentence Interview (PSI) and first day in prison helps alleviate the fears you and your family naturally experience. This informative PowerPoint presentation comprehensively covers various aspects, starting from how to prepare for your Presentence Interview to what to do after entering the prison.

For instance, counsel should verify if the court’s (or your) intake paperwork, such as The PSR and J&C, has been received before the defendant (you) arrives. Not doing so may result in solitary confinement or isolation, as it did in my case. This video is a good introduction, and I am here to help in any way possible.

 


OPTION 1,

 


Call 240.888.7778 for a personal one-on-one call
to discuss your current issue or that of a loved one.

-Marc Blatstein

We are not Attorneys; you need Legal Representation.


 

OPTION 2,

Presentence Interview Preparation  ⇒ The Most Important Meeting of Your Life.

Nothing Is Guaranteed, But Being Unprepared Is Unacceptable


In Video 19.1. To increase your chances of a favorable outcome, it is recommended that you provide your Officer with all the requested documents, including your Biographical Background (such as medical records), Personal Identification, and a well-written Personal Narrative and Release Plan. You may also consider providing these in both written and video formats, as this can make it easier for the judge to understand who you are as an individual.

Before submitting your materials to your Probation Officer, please ensure they are proofread, organized, and submitted 1-2 weeks before your interview. Your Probation Officer can copy and paste your written version into your Presentence Report while physically attaching the original document to the report. I hope this advice is helpful to you.

Please download our sample BOP (Bureau of Prisons) packet to show you what a strong placement request packet contains. We include the programs specifically designed to support a successful placement and rehabilitation, keeping in mind that even the BOP Medical Centers also appear affected due to physician staffing shortages. By providing this information to the court, you can demonstrate a clear plan for your client’s rehabilitation and increase the likelihood of a favorable placement outcome. 👉 FPC Alderson.


5 STEPS OF PREPARATION

 

STEP 1

UNITED STATES DISTRICT COURT
PROBATION REPORT, THE PROCESS

BIOGRAPHICAL BACKGROUND / PERSONAL IDENTIFICATION

The Critical Role of the Presentence Report is an article that I co-published. In this video, I read the article Published in The Federal Lawyer regarding Medical Care in Federal Prison, including my commentaries throughout the article. If you have a medical issue, I recommend listening; it is informative and detail-oriented.

Prisoners have the right to receive adequate medical care per their constitutional rights. However, lawyers representing criminal defendants often do not understand what this entails and how to get treatment for their clients. This article aims to address this knowledge gap by providing insights into the medical, mental health, and substance abuse programs and policies offered by the Federal Bureau of Prisons (BOP). Additionally, the article highlights the educational, vocational, and other relevant programs that are available to rehabilitate inmates and prepare them for their re-entry into society.

Equally important, the article explains the Critical Role of the Presentence Report (PSR) in determining whether and how the needed treatment and programs will be available to a defendant. Documentation is paramount, and the diligent attorney must proactively gather and supply the appropriate documentation to the probation officer preparing their client’s PSR.


 

How well you are prepared for your Presentence Interview will affect your sentence and eligibility for specific BOP FIRST STEP ACT Programs. The Probation Report covers.

  1. Mental/Emotional Health and Physical Health
  2. Substance Abuse
  3. Education, Vocational and Other Skills and Military Career
  4. Employment
  5. Acceptance of Responsibility
  6. Criminal History

For each client, we create an individual client profile or history.

If you become aware that you are the target of an FBI inquiry, it is of utmost importance to engage the services of a legal professional. Begin by evaluating potential lawyers and posing pertinent inquiries until you feel at ease.

  • Your legal team needs to be empathetic and listen to and discuss any thoughts you may have. It is vital for you to be forthright with them about the events of the crime.
  • Even though I thought I was truthful, in hindsight, I realized that I was still in denial and not the optimal client until years later.
  • You want to prepare your NARRATIVE and RELEASE Plan and begin asking for letters attesting to your Character. Your attorneys’ support goes a long way in building this team effort as you prepare for your Interview.

STEP
2

DECISION TIME: TRIAL OR PLEA

The federal government boasts a remarkable conviction rate of 98% when dealing with court cases. Nonetheless, if you and your legal team are convinced that going to trial is worth it and you have faith in the strength of your case (remembering that merely feeling correct might not suffice), then you may want to pursue this option.

As you are looking to hire an attorney for a federal case, it’s essential to ask your legal team about their track record in taking similar cases to trial and winning. This information will give you an idea of their expertise and the likelihood of success in your case. It’s also essential to ask these questions before engaging your attorney, as it will help you decide whether to hire them as you listen to advice you do not want to hear -but it is honestly delivered.

Similarly, if you are considering an appeal, it’s crucial to know if your legal team has experience with appeals and how many they have won. This information will help determine if they have the necessary skills to handle your case effectively.

In summary, before hiring an attorney or considering an appeal,  ask your legal team about their track record in handling and winning similar cases. This information will help you make an informed decision and increase your chances of success.

  • If you lose, the prosecutor may ask for a harsher sentence, but you can still take measures to mitigate your sentence through your NARRATIVE.

STEP 3

YOU HAVE BEEN FOUND GUILTY

  • It doesn’t matter how long the sentence is because you can shorten it through your efforts and work; just don’t get disciplined.

2023, USSC 2 Level Reduction – An Overview. If you are eligible, this could instantly reduce your sentence.

RDAP: (Up to 1 Year off Sentence)

  • Eligibility should be included in your presentence interview if you are eligible.

Good Time Credit (GTC): 54 Days Per Year Off Sentence 

  • What is this? How do you get it? How do you lose it?

First Step Act (FSA): For some, after 2 years of Programs, it provides 1 Year Off Sentence.

  • Earned Time Credits (ETC) What is this? Is this guaranteed?

Second Chance Act: This may provide more time for RRC or Home Confinement.

  • How does this work, and again, what is this?

Medical Care,

  • For a person facing custody, I have been stressing for years – that preparing your comprehensive medical history long before the Presentence Interview is critical to providing the court and BOP with your medical background as a baseline to refer to.
    • When it comes to providing medical care to individuals with unique medical conditions while in the Bureau of Prisons (BOP), it is crucial to have a comprehensive medical history that includes all medical records, including reports of surgeries (including pathology reports), diagnostic X-rays, CT, MRI, ultrasounds, EEGs, EKGs, and PET scans (Reports on CD or Flash Drives). All recent blood tests, prescriptions (Drugs and Medical Devices), hospital records, and treatment plans from their treating physician.
      • To ensure that the patient/inmate receives the appropriate care, it is essential to gather all relevant documentation and contact information for physicians, including their name, phone number, email, and address.
      • It is advisable to prepare thoroughly for The Presentence Interview, especially if there are concerns about medical care from the patient, their attorney, or treating physician. Doing so makes it possible to plan strategically and ensure the patient-inmate receives the necessary care during their time in the BOP. Still remember, no guarantees once incarcerated, so attention to detail at the start is in your long-term interest.
    • Why is this detail important?
  • Fatigue after COVID, as a POST-COVID LONG-HAULER. Although CARES is finished, for those with a confirmed diagnosis, their symptoms will keep them from participating in Programming plus some Activities of Daily Living (ADL), putting them in the position of potentially getting multiple Infractions due to the on-again, off-again of their symptomatic rollercoaster.
    • Here is an opening for counsel. 1) Fatigue After COVID-19 Infection – Chronic fatigue syndrome (CFS), 2) UC Davis Health – Chronic Fatigue, 3) The AMA, Akiko Iwasaki, Ph.D., PODCAST, Sterling professor of immunobiology, Yale University, long COVID pandemic is still here. Doctors and researchers are still learning about the disease and the development of treatments. These may inhibit the person’s Activities of Daily Living (ADL, Page #2) or their Prison Activities of Daily Living (PADL) and result in being disciplined, placed in isolation, or additional charges.
    • COVID and its variances are here to stay, and if you are a medically vulnerable person, it’s important to know that you’re vaccinated, then legally inquire about the BOP Vaccination, Booster, and mandatory Mask status. This is because their COVID-19 Modified Operation Levels do not include this level of detail. They Over Promise What They Cannot Deliver. This is not a negative, rather the virus keeps mutating leaving researchers and the medical field worldwide constantly playing catchup.
    • IMMUNOCOMPROMISED;
      • DOJ OIG Releases Capstone Review of the BOP Response to the COVID-19. What are their current precautions? Are masks available when asked for, as COVID will be a viral contagion that we’ll all have in the future.
        • Medical Co-Pays. As COVID and other diseases are here to stay, Co-Pays do two things, both bad. (1st) Those who are sick will avoid the doctor, thus spreading the disease into the prison and community; (2) the person now requires more aggressive (and expensive) treatment.
      • Climate Change has caused extreme heat, floods, pests, disease, and deadly outcomes. Prison Policy Initiative: Climate Change, Heat Waves, and extreme weather events are now commonplace.
  • Patient Care.
    Clinical care of inmates at Bureau institutions is under the direction of the local prison Clinical Director, who provides direct patient care and supervises other healthcare providers. P6031.04 6/3/2014, Page #5
  • The Clinical Director (CD) is not obligated to follow consultant recommendations. If the recommendations are not followed, the CD will document his/her justification in the inmate health record. P6031.04 6/3/2014, Page #8
    • All encounters by consultant providers will be documented on the SF-513. Contract consultants who evaluate inmates within the institution will not document on the Progress Notes(?).
    • All consultation reports will be reviewed, co-signed, and dated by the Clinical Director or staff physician. P6031.04 6/3/2014, Page 20
  • EMERGENCY/URGENT CARE
    • Each institution will have an Institution Supplement for 24-hour medical, dental, and mental health care. P6031.04 6/3/2014, Page #9
    • While the Mid-level Practitioner (MLP) acts as the PCPT’s primary care provider, physicians (MD, DO) are also responsible for providing direct patient care. Physicians will medically manage inmates with complex conditions on an ongoing basis, notwithstanding the assignment of that inmate to an MLP.  P6031.04 6/3/2014, Page #15

STEP 4

YOUR PRESENTENCE INTERVIEW 

The Probation Officer representing the court will conduct your interview and draft the Official Presentence Report. This report will influence your Judge at sentencing, the prison you go to, your security level, and how long your stay will be. It will determine the medical care you receive and your ability to participate in First Step Act Earned Time Credits toward early release.

Known as ‘The Inmates Bible,’ it is the Gift that keeps on Giving. This is my second video covering the Presentence Report. It is critical as it will determine where you sleep, what you eat, the classes you take, and how easy or difficult your time will be.

You have provided all of your background and personal information, answered the questions that all judges want to hear and learn about you through your written NARRATIVE and Release Plan, and provided everything in an organized format to your Probation Officer (The PSI) 1-2 weeks before your interview.

  • Now, at your interview, you and the officer have the time to have a casual conversation (with your attorney present), answering any questions they may have.
  • In the end, your P.O. may come away from your meeting feeling that you are quite different than the person described in your Indictment as you came to the interview prepared, more than any other defendant they have interviewed recently. This, in turn, could result in a favorable recommendation to the Judge and a favorable Presentence Report.
  • But keep in mind at all times, there are No Guarantees as people are just people, and there are those who have good days and others who don’t. 
  • With that thought in mind, doing this work will ultimately benefit you in the long run.

👉 ADDITIONAL COPIES 📑 OF ALL PERSONAL IDENTIFICATION AND BIOGRAPHICAL INFORMATION

1.   Divorce Decree

2.   Financial Records

3.   School Diplomas, Your highest education level completed, Professional Diplomas, and any Trade or Occupational Certification(s).

4.   Marriage Certificate

5.   Naturalization papers

6.   Draft Registration card

7.   Car Registration papers

8.   Military Discharge certificate

9.   Birth or baptismal certificate

9.   Immigration papers or passport

10. Employment verification (pay stubs)

11. Character Letters of Recommendation

12. Military Disability information (C-number)

13. Income Tax reports for the last three years (or more if requested)

14. Outstanding Detainers and Immigration Issues Resolved before The Presentence Interview

15. Proof of residence (rent receipts, property, mortgage papers, etc.)

16. Professional papers (COPIES: Social Security Card, Drivers’ License, and Birth Certificate.)

17. Medical Records, Hospital – Surgical – Pathology and Blood Lab Reports, Copies of X-ray, MRI, CT, Ultrasound, PET Scans, EEG, EKG reports (on Flash Drives or CDs), Prescriptions for Medications and Medical Devices.


STEP 5

SENTENCING

The Day of Sentencing and Your Allocution

The Allocation is the first time you and the Judge meet—a critical moment for you. This allows the Judge to converse with you, most likely because of your Narrative. Make this a sincere first impression.


Judges would rather hear from you during the sentencing hearing unless your attorney has new information not contained in your sentencing memorandum and other submissions.” By Now, You’ve taken your 1st step towards Shortening Your Time In Prison.


MAKING THE PLACEMENT REQUEST. 

  1. Supports your reasons regarding “Why” the request is being made,
  2. Provides examples from the BOPs’ own Guidelines and Programs Statements.
  3. It is done with a personalized court-ready BOP placement packet, PPRS Prison Match™ (Our BOP Packet For Presentation To The Court That Includes The Programs In Your Placement Request, for Example FPC Alderson).

PLACEMENT FACTORS
Security Level Requirements
Medical and Mental Healthcare Needs
Psychology Programs – Limited Availability
FSA Programming, and Criminogenic Needs, Risk Assessment

 

OTHER FACTORS
• FSA Pattern Risk Score: MALE, FEMALE
CARE LEVEL I-IV
Public Safety Factors
Management Variable
Accepting Responsibility
Mental Health Questioner
Expressing Remorse For Your Actions
• Remorse For The Pain You Have Caused To Your Victims
Do You Know Where You Fall In The USSC Sentencing Guidelines – Table,
* Tax Fraud
* Financial Crimes
* Drug Crimes, / Sentence Enhancements


Care has been taken to pick an appropriate prison facility based on USSC and BOP Policies and Guidelines.

*There is no implied or otherwise guarantee of final prison placement, medical or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues,’ placement, and program enrollment once incarcerated.

In addition to providing the defense team with insight into their background and defense strategy, PPRS Prison Match™  is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process.

These are recommendations only from PPRS/PPRSUS. The final responsibility lies with the legal team, court, and BOP.



If You Suspect You’re The Target of a Federal Investigation | Wherever You Are In The Process – There Are Still Things We Can Do

Call 240.888.7778 for a personal one-on-one call
to discuss your current issue or that of a loved one.

-Marc Blatstein

We are not Attorneys; you need Legal Representation.