Search results for presentence interview

PREPARING FOR YOUR PRESENTENCE INTERVIEW AND REPORT: PT I

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

My name is Marc Blatstein. In 2006, I, too, was Indicted and convicted of a felony, and I lost my medical license. To call this a life-altering event, at best, is an understatement. With work, I was able to get my license reinstated in full.

Remember, Prison is Temporary.

My goal in this series is to provide you with the information you’ll need to survive and navigate these times. Knowledge and Preparation will help build back the Confidence you’ll need throughout this process.

  • Since you’ve heard that the DOJ and Feds have been asking questions, their case against you is mostly complete, with a 98% Conviction.
  • Delaying to act now is at your
  • Hiring a legal team doesn’t just mean that they have experience; they also need a proven track record of successfully defending cases like
  • The choices you make today – will make a better

Should you have questions, please do not hesitate to call and consider engaging my services at 240.888.7778—this is your life.

It is recommended that you provide your Officer with all their requested documents, including;

1. Your Personal Narrative
2. Release Plan (even though it seems premature)
3. A are ready to speak with your Judge (Your Allocution)

Also, Your Biographical Background (such as medical records), and Personal Identification,

    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
    10. Immigration papers or passport
    11. Employment verification (pay stubs)
    12. Character Letters of Recommendation
    13. Military Disability information (C-number)
    14. Income Tax reports for the last three years (or more if requested)
    15. Outstanding Detainer’s and Immigration Issues Resolved Before the Presentence Interview
    16. Proof of residence (rent receipts, property, mortgage papers)
    17. Professional papers (COPIES: Social Security Card, Drivers’ License, and Birth )
    18. Medical Records, Hospital – Surgical – Pathology and
    19. Diagnostic Tests: Blood Lab Reports, Copies of X-rays, MRI, CT, Ultrasound, PET Scans, EEG, and EKG reports (all on Flash Drives or CDs),
    20. Prescriptions for Medications and Medical Devices.

“THESE ALL EVENTUALLY BECOME PART OF YOUR RELEASE PLAN”

If you’re already at this point and don’t have the time to wait for my future videos, call me, and we can discuss your situation one-on-one. Once again, my number is 240.888.7778.

Personal Narrative Overview – Should Convey

  • A sincere demeanor
  • An expression of genuine
  • An acknowledgment that there are victims
  • Tell your life story, but don’t minimize the seriousness of what you did.
  • This includes The Good – Bad – and The Ugly (…Clint Eastwood Movies)
  • Your plan to use prison or probation time

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 and Resources.

INDICTED AND FACING PRISON. PREPARING FOR YOUR FUTURE, IS YOUR PRESENTENCE INTERVIEW. LEARN WHAT TO EXPECT.

 

THE PROBATION REPORT WORKSHEET, WILL YOU BE PREPARED?

Humanize Yourself 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, from how to prepare for your Presentence Interview to what to do after entering 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, Dr. 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

I co-published The Critical Role of the Presentence Report. 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 prepared you are for your presentation interview will affect your sentence and eligibility for the needed Medical Care and specific First Step Act Programs.

Comprehensive Preparation includes the Memorandum, which puts forth a sentence backed up by The Guidelines and includes all of the requested Biographical Background and Personal Identification Information.

Organized and delivered to the Officer one to two weeks before the interview, provides them with the time needed to fill out their Probation Report Worksheet.

Then, during the interview, the probation officer has the time to get to know the defendant personally and ask any remaining questions they may have. Further, they may appreciate your efforts in getting them the information they need, showing that you respect their time.

  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
  7. With counsel, present a practical sentence request with supporting reasons and a recommendation for BOP Placement, Probation, or a combination.

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. You need 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 – Are you eligible?

A. RDAP: (Up to 1 Year off Sentence). Eligibility should be included in your presentence interview.

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

C. First Step Act (FSA): After two years of Programs, it provides 1 Year Off Sentence for some.

D. Second Chance Act: This may provide more time for RRC or Home Confinement. Currently, the FSA provides more.

E. Medical Care Needs,

    • 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), resulting in discipline, isolation, or additional charges.
      • COVID and its variances are here to stay. 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 COVID-19. What are their current precautions? Are masks available when asked for? COVID-19 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) is the PCPT’s primary care provider, physicians (MD, DO) are also responsible for 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.

The Presentence Report is known as ‘The Inmates Bible,’ and 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, your classes, 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 (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.
  • Your Sentencing memo, which includes your Sentencing Length Explained, along with the Placement Request, should be submitted to the Probation Officer Before their PSR is final.

  • But remember that 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 THATS REQUESTED

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 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 legal team, court, and BOP are ultimately responsible.



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.


PRESENTENCE INTERVIEW PREPARATION, ⚖️TREATMENTS THAT ARE ‘ALLOWED’ IN FEDERAL PRISON – BUT NO🤞 GUARANTEES…

PRESENTENCE INTERVIEW PREPARATION, ⚖️TREATMENTS THAT ARE ‘ALLOWED’ IN FEDERAL PRISON – BUT NO🤞 GUARANTEES…

👉The DOJ encourages corporations and individuals to adopt strong ethical guidelines, internal controls, and compliance programs to prevent and detect any malfeasance – until they don’t.

This short YouTube includes my commentary on an article I co-published in The Federal Lawyer 1/2021, regarding The Critical Role of The Presentence Report.


👉SCOPE OF MEDICAL SERVICES – CATEGORIES OF CARE (Program Statement 6031.01, Patient Care, Pages 5-7)

Note: Ordinarily, pretrial or non-sentenced inmates, and inmates with less than 12 months to serve, are ineligible for health services in subsections III., IV., and V. Subsections IV and V are also usually not provided.

All of this emphasizes the reasons for the preparation of a Complete, Accurate, and overly Comprehensive,👉 Presentence Report.

  • If you are being sentenced, have a medical condition that requires surgery (for example, orthopedic, that adversely affects your Activity of Daily Living, or have a failing Kidney that needs to be removed), but you’re unable to get the procedure before you surrender; this is when your Presentence Report is critical.
  • When accurate, it will include, 1) detailed medical records that explain your diagnosis and treatment plan, 2) what would happen if this treatment is not provided, and 3) a placement request to the appropriate BOP Federal Medical Center (FMC).
  • Your medication that is not on the BOP Formulary, or a generic drug that is either Non-Formulary or Not Available is something that you do not want to learn after your inside. Being overly Comprehensive for your Presentence Interview is a must – and a unique topic all by itself.

Why? Should you need a second opinion, or consult with a specialist, you may have to wait up to 18 months just to learn if this is even allowed. If granted, it could take another 18 months just to get your appointment. After you have had your appointment, and the Clinical Director at your facility is in receipt of the specialist’s recommendations – they (The BOP) are under No Obligation to follow those recommendations, rather, they are just placed in your file. Further, courts cannot order specific treatment or medication to be used (#9), after you have been incarcerated. Therefore, a great starting point is being prepared for the Presentence Interview, where the Probation Officer will, in turn, draft the official Presentence Report.


The BOP’s five categories upon which all medical care is provided.

I. Life-Threatening,  Medically Necessary – Acute or Emergent

■ Myocardial infarction. ■ Severe trauma such as head injuries. ■ Hemorrhage. ■ Stroke. ■ Status asthmaticus. ■ Precipitous labor or complications associated with pregnancy. ■ Detached retina, sudden loss of vision.

Treatment is essential to sustain life or function and warrants immediate attention.

II. Medically Necessary but Not Urgent,

■ Serious deterioration leading to premature death. ■ Significant reduction in the possibility of repair later without present treatment. ■ Significant pain or discomfort which impairs the inmate’s participation in activities of daily living.

While not immediately life-threatening, without treatment, the person’s overall health and, or ADL may not be maintained.

III. Medically Appropriate but Not Necessary; to improve the person’s quality of life

■ Joint replacement. ■ Reconstruction of the anterior cruciate ligament of the knee. ■ Treatment of non-cancerous skin conditions (e.g. skin tags, lipomas)

These always require review by the Institution Utilization Review regarding,

■ The risks and benefits of the treatment. ■ Available resources. ■ Natural history of the condition. ■ The effect of the intervention on inmate functioning in his/her activities of daily living.

These are considered elective procedures, to improve the inmate’s quality of life, and may or may not be allowed.

IV. Limited Medical Value.

■ Minor conditions that are self-limiting. ■ Cosmetic procedures (e.g. blepharoplasty). ■ Removal of non-cancerous skin lesions (if you have a history of skin cancer, two issues are present, (1) hope that the prison healthcare provider has this type of training to recognize Cancer, and (2) that your Presentence Report has your history reported in detail).

V. Extraordinary.

■ Organ transplant or Donor, or ■ Those Considered Investigational


👉The PRESENTENCE REPORT (PSR), IS YOUR “REFERRAL” THAT CONTROLS ALL ASPECTS OF YOUR LIFE, AND IMMEDIATE FUTURE – REDOS ARE VERY FEWEXPENSIVE, AND A HEAVY LIFT. THEREFORE ACCURACY AND COMPLETENESS CANNOT BE OVERSTATED.


If you find this helpful, please 👉subscribe and share it with your colleagues. With more to follow, should you have any questions, are interested in engaging my services, or have any suggestions for future topics, I am easy to reach, and thank you for your time.

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Marc, Dr. Blatstein

This also appears in LinkedIn

THE PRESENTENCE INTERVIEW; Determines Placement and How Fast You’re Released

Is your referral to the Judge and then into the BOP

  • The Probation Officer, as he/she drafts The Presentence Report based on what they learn from you and their investigation.
  • The Judge, as we all know, he/she uses at sentencing,
  • The BOP uses THE PRESENTENCE REPORT as a Referral for placement, based on your clients:
  • 18 U.S. Code §3553, Provides options: critical in mitigating your client’s sentence and requires time to be developed by the defense.
    DrMB@PPRSUS.com

The Presentence Interview Investigation Report: Is Your Chance To Get Your Message On The Record

The Presentence Interview Investigation Report 

The Personal Narrative

Start  preparation as early as possible after your conviction,

* Your attorney should reach out to the Probation Officer

* When is the initial Presentence Report “date due”

* Defense can be 1st to explain your position if the PO was not at trial, and has not already spoken with the Prosecutor

* They still may have an open mind.

 

A little extra effort goes a long way …

* Consider presenting your client’s biographical history that explains your position in an “organized” letter to the PO, ASAP.

* As Probation Officers are: Very busy Doing their best – and Never have enough time.

  • They may appreciate your efforts in easing this portion    of their workload,

* Remember, a little effort does go a long way.
DrMB@PPRSUS.com

Presentence Interview Preparation – Gets Your “Message On The Record”

Getting The Presentence Interview (PSI) Right

Gets Your “Message On The Record”

The Presentence Interview, and its preparation, long before the interview takes place is likely the pivotal time when the defense team can make a difference in their client’s future. Properly prepared for the presentence interview can at best provide a pathway for the defense to get “their” message on the record.

Abstract

Imprisonment is a frightening experience for your client and their family. Counsel and the defendant’s family together can assuage some of these fears by addressing healthcare and the specialty programs available in Federal Prison before the defendant is in the custody of the Federal Bureau of Prisons (“BOP”) through being properly prepared for their presentence interview,

The Presentence Interview

The Presentence Interview:

  • is done by the Probation Officer (the court’s representative).
  • Following their investigation where they verify your background history,
  • the Probation Officer will take what she/he learned from the presentence interview and draft the official Presentence Report (PSR) along with,
  • making sentencing and placement recommendations to the judge.

 

The Presentence Report (PSR) Importance

The Presentence Report (PSR) also plays a critical role in the Sentencing Guidelines and statutory sentencing considerations, meaning,

  • The judge at sentencing will use it to determine how long you will be incarcerated,
  • The BOP will use it to 1st: place or designate you to a specific facility while matching you according to any needs you may have based on: 
    • security level,
    • prison placement,
    • programming,
    • pre-release, and even
    • medical care.
    • The inmate’s federal prison life depends on that PSR.
  • Should you qualify for Supervised Release,
    • Probation will then get a copy before meeting you in order to get an idea as to whom they are going to supervise over the next several years. 
  • Last, The Presentence Report (PSR) is considered:
    • gospel fact about the defendant.
    • This is because it is often considered the “Inmates Bible”.
    • So you see: It Truly Is The Gift That Keeps On Giving...

One cannot overstate the importance of The Presentence Interview to be properly prepared for – as it impacts The Presentence Report (PSR).

Asking to change the PSR later asks a court to,

  • change positions that it has already adopted as accurate.
  • Even if this can be done – a big if –
  • the amendment process can take years and
  • many billable hours to complete.

Should there be a medical or mental healthcare issue,

  • the PSR drafting process is the time to get it right.
  • An inaccurate PSR can mean a lack of consideration at sentencing and
  • inappropriate or absent care after imprisonment.

For example, if kidney dialysis is necessary,

Everything is important, from osteoarthritis and degenerative joint diseases to food allergies and medically necessary diets.

Activities of Daily Living (ADL)

  • Everything needs to be documented, including:
  • how any maladies would limit “activities of daily living” (“ADL”).
    • Patient-inmates are considered ‘independent’ if they can accomplish their Activities of Daily Living (ADL) – things like dressing, bathing, and eating – on their own.

Medications

Medications must also be identified to estimate which prescription drugs the BOP will make available. It is critical to identify whether given medications are available,

  1. On- Formulary, or
  2. Non-Formulary medication.
    • Understand that the BOP will discourage the use of non-formulary medications
    • They require that they need special approval.
    • More likely, BOP physicians will just switch the inmate’s treatment medications to those that have similar equivalents.
    • Do you know which medications are either available and on-formulary or non-formulary?
    • These issues should be addressed with the court before incarceration because,
      • after incarceration, the court has no real oversight.
      • Letters from the client’s personal physicians should provide documentation about their prescription selection, and
        • reasons why “similar” medicines are not appropriate for individual inmates.
  3. Last, What do you do if you learn that your client’s medication are not available?
    • There are options, but you need:
      • Time
      • The cooperation of the current treating physician

Medical Care

  1. Today the BOP uses a complicated method to convert a person’s medical diagnoses and treatments into a CARE LEVEL Classification. 
    • Classifications range from CARE LEVEL I for the healthiest inmate-patient, to
    • CARE LEVEL IV for gravely ailing inmate-patients who need ‘in-patient’ care. 
  1. Each facility then is identified by both a Security Level and this
  2. CARE LEVEL structure and inmates are then placed accordingly.

Photo Credit: https://pixabay.com

Provide Your Probation Officer With Everything 1-2 weeks Before Your Interview (PSI)

Provide Your Probation Officer With Everything 1-2 weeks Before Your PSI.

The information in this series and on PPRSUS.com (and PPRSUS Resources) is readily accessible and completely Free to all.

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

My name is Marc Blatstein. In 2006, I, too, was Indicted and convicted of a felony, and I lost my medical license. To call this a life-altering event, at best, is an understatement. With work, I got my license reinstated— Prison is Temporary.

My goal in this series is to provide you with the information you’ll need to survive and navigate these times because Knowledge and Preparation will help build back the Confidence you’ll need throughout this process.

  • Since you’ve heard that the DOJ and Feds have been asking questions, their case against you is mostly complete, with a 98% Conviction Rate.
  • Delaying to act now is at your peril.
  • Hiring a legal team doesn’t just mean they have experience; they also need a proven track record of successfully defending cases like yours.
  • The choices you make today – will make a better tomorrow.

Ideally, You want everything provided to the Probation Officer 1-2 weeks before the Presentence Interview.

  • Provides a comprehensive background on the defendant
  • Well written, a Personal NARRATIVE should contain all the information your Probation Officer needs

 

“Why? Probation Officers are:

  1. Overworked and have no time, with some appreciating counsel’s effort in organizing everything they’ve requested and providing it to them early.
  2. They can now take their time to fill in their Probation Report. Then, on the day of the interview, they’ll have the time to personally get to know your client and ask any remaining questions they may have.
  3. At the end of their meeting, the Probation Officer may feel that the defendant took this seriously, leaving them with a more positive view of your client, other than the person referenced in their Indictment.”

a)  It provides information about the offense for which the defendant is being sentenced,

b)  Acceptance of Responsibility and

c)  Victim Remorse statement,

d)  Release Plan,

e)   and where the sentencing guidelines apply.

·  This includes background information about the defendant, such as

·  Criminal history, education, work experience, family background, and health history,

f)   A Realistic Sentence Recommendation and BOP Placement Request Could Also Be Included

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 @: PPRSUS.com.

THE PRESENTENCE REPORT (PSR) IS YOUR REFERRAL FOR EVERYTHING – GET IT RIGHT THE FIRST TIME.

THE PRESENTENCE REPORT (PSR) IS YOUR REFERRAL FOR EVERYTHING; GET IT RIGHT THE FIRST TIME.

The information in this series and on PPRSUS.com (and PPRSUS Resources), is readily accessible and completely Free to all.

Should you wish to engage my services, my Contact Info. is at the end.

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

My name is Marc Blatstein. In 2006, I, too, was Indicted and convicted of a felony, and I lost my medical license. To call this a life-altering event was, at best, an understatement. With work, I was able to get my license reinstated in full—prison is Temporary.

My goal in this series is to provide you with the information you’ll need to survive and navigate these times because Knowledge and Preparation will help build back the Confidence you’ll need throughout this process.

•  Since you’ve heard that the DOJ and Feds have been asking questions, their case against you is mostly complete, with a 98% Conviction Rate.

•   Delaying to act now is at your peril.

•    Hiring a legal team doesn’t just mean they have experience; they also need a proven track record of successfully defending cases like yours.

•   The choices you make today – will make a better tomorrow.

•    The Probation Officer’s PRESENTENCE INTERVIEW CONTROLS ALL FUTURE ASPECTS OF YOUR LIFE AND IMMEDIATE FUTURE.

o If you have Medical Concerns, being Comprehensive could affect Life-or-death outcomes

ALSO PROVIDED AT YOUR PRESENTNECE INTERVIEW:

§     The Personal NARRATIVE,

§     Release Plan and

§     Allocution

§     Your BOP Placement Request

 

IT IS RECOMMENDED THAT YOU SPEND TIME SELF-REFLECTING,

•     THEN, WRITE YOUR AUTOBIOGRAPHY OR LIFE STORY AND EXPLAIN WHAT CAUSED YOU TO BREAK THE LAW WITHOUT

EXCUSES, ACCEPTING RESPONSIBILITY, AND HAVING REMORSE FOR THE VICTIMS YOU HAVE HARMED.

WHY?

·     DID YOU LIKE YOUR FEDERAL INDICTMENT? THAT IS THE DOJ NARRATIVE (OR STORY) OF YOU. TO COUNTER IT, TELL

YOUR OWN STORY OR NARRATIVE.

o   Having Remorse For Your Victim’s Pain

o   It includes You Accepting Responsibility

o   Security Level Requirements

o   Medical and Mental Healthcare Needs

o   Psychology Programs – Limited Availability

o   FSA Programming, and Criminogenic Needs, Risk Assessment

Judges use the PSR to determine the length of a sentence.

·     The Bureau of Prisons (BOP) uses the same PSR for prison placement.

·     Probation again uses the PSR during Supervised Release.

·     Lastly, this same PSR becomes a permanent part of your record and the Inmates Bible – The gift that keeps on giving

·     REDOS ARE VERY FEW, EXPENSIVE, AND HEAVYLIFT.

·     ACCURACY AND COMPLETENESS CANNOT BE OVERSTATED.

·     GETTING A SECOND OPINION IN PRISON CAN TAKE 3 YEARS, AND THE CD DOES NOT HAVE TO FOLLOW THOSE RECOMMENDATIONS

•     Is your Security Level could be in question? Were You a Leader, King Pin, or the one giving Directions to others – If Not, Get This Corrected

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 @: PPRSUS.com.

YOU’RE INDICTED. YOUR PRESENTENCE REPORT IS YOUR FUTURE – LEARN THE PROCESS.

Presentence Report

WHERE?
AND HOW LONG WILL YOU SERVE?

 

 Your Presentence Report (PSR)

 

The PRESENTENCE REPORT (PSR) is your “REFERRAL THAT CONTROLS ALL ASPECTS OF YOUR LIFE AND IMMEDIATE FUTURE – REDOS ARE FEW, EXPENSIVE, AND A HEAVY LIFT.

ITS ACCURACY AND COMPLETENESS CANNOT BE OVERSTATED.

 

WILL ALL YOUR WORK BE SUBMITTED TO YOUR PROBATION OFFICER, ‘1-2 WEEKS BEFORE’ YOUR PRESENTENCE INTERVIEW?

WHAT DOES PREPARATION LOOK LIKE?

  1. PROVIDE ALL COPIES OF YOUR BIOGRAPHICAL BACKGROUND AND PERSONAL I.D. 
  2. IT IS RECOMMENDED THAT YOU SPEND TIME SELF-REFLECTING,
    • THEN, WRITE YOUR AUTOBIOGRAPHY OR LIFE STORY AND EXPLAIN WHAT CAUSED YOU TO BREAK THE LAW WITHOUT EXCUSES, ACCEPTING RESPONSIBILITY AND HAVING REMORSE FOR THE VICTIMS YOU HAVE HARMED.
    • WHY  – DID YOU LIKE YOUR FEDERAL INDICTMENT? THAT IS THE DOJ NARRATIVE (OR STORY) OF YOU. TO COUNTER IT, TELL YOUR OWN STORY OR NARRATIVE.
    • HOW DO YOU GO ABOUT WRITING IT?

Including your Sentencing memo that addresses your Sentence Length (under USSC Guidelines,) along with your Placement Request, submitted to your Probation Officer before their PSR is final, makes a lot of sense to me.


Judges understand that crimes do not happen in a vacuum. They are also very interested in hearing from you, the defendant, in your own words. What happened – that caused you to break the law? Include the significant parts of your life and the low points, omitting nothing. Include The Good, The Bad, and The Ugly. I hope you find this video helpful.

 

FACTORS THAT IMPACT YOUR RELEASE DATE

  • Your Remorse
  • Acknowledging Your Victim’s Pain
  • It includes You Accepting Responsibility

 

THE PRESENTENCE REPORT DETERMINES YOUR


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.


 

This video reviews how The Presentence Report (PSR) Determines Your Future. Therefore, Preparation Is Critical At Each Stage In The Process, as a Criminal Defendant and Later as a Justice-Impacted Person. 

      • Judges use the PSR to determine the length of a sentence.
      • The Bureau of Prisons (BOP) uses the same PSR for prison placement.
      • Probation again uses the PSR during Supervised Release.
      • Lastly, this same PSR becomes a permanent part of your record and the Inmates Biblethe gift that keeps on giving.

THE PRESENTENCE REPORT

What is The Presentence Report?

The PRESENTENCE REPORT (PSR), IS YOUR “REFERRAL” THAT CONTROLS ALL ASPECTS OF YOUR LIFE AND IMMEDIATE FUTURE – REDOS ARE VERY FEW, EXPENSIVE, AND HEAVY LIFT.

ITS ACCURACY AND COMPLETENESS CANNOT BE OVERSTATED.

YOUR NARRATIVE CONTAINS ALL THE CONTENT FOR THE PROBATION OFFICERS REPORT

IT IMPACTS YOUR

Release Date

It includes You Accepting Responsibility,

Your Remorse,

Acknowledging Your Victim’s Pain

‘Standing Out To Your Judge.’ M. Santos interviews Federal Judge Mark Bennett on the importance of writing Your Personal NARRATIVE and including it in Your Presentence Report. 

IT DETERMINES YOUR,

Security Level Requirements

Medical and Mental Healthcare Needs

Psychology Programs – Limited Availability

FSA Programming, and Criminogenic Needs, Risk Assessment


For a personal, one-on-one call with me to discuss your current issue or that of a loved one,  give me a call (240.888.7778). If I cannot answer, please leave a message, as I personally return all calls. Marc Blatstein

We are not Attorneys; you need Legal Representation.


BEING PREPARED – SUMMARIZED:

  1. PREPARED FOR YOUR FIRST MEETING WITH YOUR UNIT TEAM:
  • 1st) AS SOON AS YOU ARRIVED AND LOCATED A COMPUTER, YOU HAVE ALREADY TAKEN YOUR FSASPARC-13 RISK ASSESSMENT SURVEY,
  • 2nd)REQUEST TO PARTICIPATE IN THE FINANCIAL RESPONSIBILITY PROGRAM.
  1. YOUR PATTERN SCORE IS FIXED AT THIS MOMENT IN TIME – BUT CAN CHANGE; WHAT IS YOURS? (MALE or FEMALE)
  2. AS SOON AS YOU ‘FELT’ YOU WERE A TARGET
  • INTERVIEW AND FIND A CRIMINAL DEFENSE ATTORNEY WHO PRACTICES IN FEDERAL COURT

AFTER YOUR GUILTY HEARING, YOUR ATTORNEY

  • Has given you a long list of documents that the court needs copies of financial, medical, Biographical, and Identification Background Information
  • Next, you begin a several-month writing project that includes;

Presentence Report, plus your Allocution and

Release/Reentry Plan, where the Judge will ask you, “What is your plan for the future – to not re-offend?),

All of this, As You Prepare For,

YOUR PRESENTENCE INTERVIEW (PSI) – INVESTIGATION REPORT

 


PREPARATION FOR THE PRESENTENCE INTERVIEW.

9:30.7 Inside Baseball: Interview With Former Federal Probation Officer Tess Lopez

For a successful and productive legal process to occur, both counsel and clients must maintain a level of accountability and mutual respect. Additionally, active listening on both sides is crucial for effective communication and understanding. As part of this process, counsel will proactively reach out to Probation as needed, and defendants will provide their attorneys with all requested Biographical Background and Personal Identification information. By adhering to these guidelines, all parties involved can work towards achieving the best possible outcome.

It is critical to take time to draft a well-thought-out NARRATIVE and RELEASE Plan, including content relevant to the PATTERN score and Risk Assessment Survey. These documents are then woven together, organized, and prepared with accuracy and comprehensiveness before being given to the probation officer 1-2 weeks before the interview, to be eventually included in their PSR Under Seal.

The interview process holds immense significance as it offers a valuable chance for the Probation Officer to establish a personal connection with the client. Given the constraint of limited time, this opportunity is greatly appreciated by both parties involved. It allows for a deeper understanding of the client’s situation and helps the Probation Officer to provide tailored guidance and support.

The Presentence Report is a crucial tool that enables the court to take into account sentences that fall outside the guideline range. It’s important to note that the government typically does not provide this information voluntarily. By utilizing the Presentence Report, the court can make informed decisions about variances in sentencing.

  1. Counsel aims to determine the “dictation date,” which is the deadline for the P.O. to complete the initial draft of the official Presentence Report (PSR).

Upon commencing their work, the counsel and client are promptly informed of the specific timeline requirements to complete their respective tasks. Any legal or personal concerns that the client may have must be addressed within the given time frame, in addition to preparing for the upcoming interview. All necessary steps must be taken to ensure that the entire process runs smoothly and efficiently.

Requesting a minimum of three months to prepare for the interview is imperative. This request should have been made during the guilty hearing, and the judge must agree before setting the sentencing date.

Counsel should contact the PO before they speak with the Prosecutor. It’s important to build a relationship and assess what the PO knows. This allows the council to explain its position because the PO was not present in court and has not formed an opinion yet.

They may still have an open mind if they have not spoken with the prosecutor.

If the PO had already spoken with the Prosecutor before they ever met/interviewed you – they may have already been influenced, just not in your favor.

Your attorney aims to make their case and position with a personal meeting.

As you work on your personal narrative, it will undergo several revisions before reaching its final form. This is your chance to tell your story authentically and sincerely, taking responsibility for your actions. As you are writing try and keep in mind what your judge and Probation Officer are looking to hear and feel from you. By keeping these points in mind, will go a long way as you begin to tell your life story. Your Personal Narrative, as an integral part of your Presentence Report and will reflect your unique perspective on the events that led to your arrest.

Begin by writing your Release Plan, then prepare an Allocution for your conversation with the judge during sentencing.

When it comes to the Sentencing Hearing, remember to speak from your heart and answer the Judge’s questions truthfully. Your honesty will shine through and be heard by the Judge.

When making a prison placement request, Counsel will provide reasons for the request, such as medical or FSA programs.

BOP Example: FPC Alderson,

Counsel will outline each factor for the PO to consider under 18 U.S. Code § 3553

Part E (assistance in the investigation or prosecution of another, section 994 of title 28)

Part F (sentence below the guideline range under 18 U.S.C. §3553(a)) 

Defendant does Not Have:

1) more than 4 criminal history points, 2) a prior 3-point offense, or 3) a prior 2-point violent offense

  • did not use violent threats
  • did not result in death or injury
  • was not an organizer, leader, manager, or supervisor
  • defendant has truthfully provided the Government with all information and evidence

If the probation officer is open to a variation, persuading the court to impose a sentence below the guideline range could be crucial.

If your client is sentenced to prison, the Presentence Report (PSR) and Statement of Reasons (SOR) are crucial documents used by the BOP to determine their future.

During the probation officer meeting, the information presented will play a vital role in determining the client’s placement. Depending on the severity of the offense, the client may be sent to a dormitory-style camp or a maximum-security prison. This decision is especially crucial in complex cases involving multiple counts, various methods of calculating the guidelines and identifying the most appropriate guidelines to follow. Therefore, the information presented during the meeting must be accurate and comprehensive to ensure a fair and just outcome for all parties involved.

Establishing a connection with your probation officer by means of personal communication can be beneficial for your defense attorney to present their interpretation of the case, particularly in intricate cases.

To ensure the best outcome for the case, it may be beneficial for the lawyer to schedule a personal meeting with the Probation Officer (PO) if they were absent during the trial. As Probation Officers have a demanding workload, it is important to approach them with understanding and offer any assistance possible to ease their burden. By taking these extra steps, the lawyer can ensure that the PO understands the case and their position, which can positively impact the outcome.

It is advisable to promptly write a letter to the PO presenting your complete perspective on the case.

Before requesting relief from the Guidelines, having the Probation Officer and Assistant U.S. Attorney (AUSA) understand your client’s behavior and role in the offense is important. Also, ensure everything is completed and handed in before the interview and dictation date.

If you’re getting ready for a trial, it’s always wise to seek guidance from a Federal Defender on how to familiarize yourself with the judge’s preferences. You should inquire if the judge reads sentencing memos and character letters, and if yes, how long they should be. It’s also important to consider whether there are any issues like overcrowding, staff shortages, or any other factors that may impact your client’s ability to access the necessary services. By taking these steps, you can ensure that your client receives the best possible outcome.

 

Mental Illness: Was this a contributing factor, or has there been significant abuse or trauma? Either way, they should be evaluated, and if you are unsure of a local expert, ask the prosecutor for recommendations.

  • If there is a current treating therapist, it is best for all if they appear as witnesses; most judges would rather hear from a treating physician than a doctor for hire. This is not to put down experts, as they provide expert testimony that can only come from a select few.
  • If, on their own, treatment was started before the indictment, Guilty Hearing, PSI, or Sentencing, all the better. (AA, NA, GA, Psych. Counseling); this needs to be included in the PSR, Sentencing Memorandum…
  • A White Collar defendant, where after an extensive interview, the following is the result of a mental evaluation,
  • Exceptionally bright, high-functioning, and very successful individual.
  • He/She is very skilled, highly motivated, and works 18-20-hour days for money-promotions-privileges.
  • The client is an obsessive-compulsive perfectionist.
  • Suffers from depression and anxiety.
  • Having an overwhelming desire to be successful, personally and financially
  • This may cause an ordinarily law-abiding person to “cross the line” into inappropriate or illegal behavior.
  • Familiar?
  • Later diagnosed with bipolar disorder
  • Latest statistics by the U.S. Sentencing Commission
  • 6 percent of inmates received downward departures for diminished capacity (U.S.S.G. §5K2.13).
  • If half of the inmates have symptoms of mental health problems,
  • yet only 2.6 percent are receiving departures, are the judges simply insensitive?
  • Or does the problem lie at the feet of the defense counsel, who is not taking the time to investigate the client’s social and psychological history thoroughly?
  • Unfortunately, I believe it is the latter.  Tess Lopez.

 

Character Letters: only pick out a few to discuss in the memorandum, but add at the end that “there were another 50 that all said similar things, and the PO has those.”

If an employer is willing to write a character letter that says they will rehire you due to your skills and character once you are released – that is a Great letter for The NARRATIVE and Release Plan. 


The Sentencing Memorandum is best submitted approximately seven days before the sentencing hearing,

Corroborate your defense and placement request with the appropriate supporting documents, albeit a doctor’s letter/ report/ medical/treatment records, etc. Remember to document, document, document.

All of this is preferably done under seal via the Probation Office so that the information is appended to the PSR when given to the BOP.

Therefore, including it in some manner during the Presentence Interview is optimal.

In The Sentencing Memorandum, give the Judge 1 or 2 cases with the highlighted pertinent points; if there is a video or pictures, include those. 

  1. 18 U.S.C. §3553(a)(2)(D) requires a sentencing court to consider The Nature and Circumstances of the offense and The History and Characteristics of the Defendant. In the client’s NARRATIVE, most of this should be covered.

To determine which 18 U.S.C. §3553(a) factors apply, while someone with experience should:

1st) Conduct in-depth (multi-hour) interviews with the defendant, should an evaluation be needed (even in White-Collar). Now is the time, and

2nd) plus having the time (multi-hours) to speak with family members, close friends, and business associates or trusted employees to understand the person better.

As most Officers do not have ‘any’ time, at times, this is left to counsel to do themselves. This provides the opportunity to discuss hiring someone to do this part of the background work, or it may just not get done.

Evaluation of the care needed for a client’s medical condition – may support a cost-related (home confinement) argument.

This is most apparent in defendants diagnosed with a terminal illness or a diagnosis that falls outside the scope of what the BOP can provide (Long-Haulersor Post-COVID).

The cost of incarceration should also be factored into whether a sentence is “greater than necessary.”

Last are those, where appropriate, emphasizing to the court what the client would be doing if not incarcerated (i.e., working, supporting a family, paying taxes, and/or restitution).

 

The Presentence Report Determines Your Future – So Preparation For Your Interview is Vital

  • Judges use the PSR to determine the length of a sentence.
  • The Bureau of Prisons (BOP)uses the same PSR for prison placement.
  • The PSR is again used by Probation during Supervised Release.
  • Lastly, this same PSR becomes a permanent part of your record and the Inmates Bible – It truly is, the gift that keeps on giving.