Search results for reentry planning

YOUR NARRATIVE📜 May Help Your Judge🤞Mitigate Their Sentencing Decision

By inDr. M Blatstein's Blog

YOUR NARRATIVE📜 YOUR STORY, Provided 1-2 Weeks Before The PSI; Helps The Judge Know ‘You’, May🤞Mitigate Their Sentencing Decision

Dr. M. Blatstein

Dr. M. Blatstein

FEDERAL SENTENCE MITIGATION: PERSONAL NARRATIVE | PRESENTENCE INTERVIEW PREP. | ALLOCUTION | REENTRY PLANNING | RDAP | HEALTHCARE | MEDICATION AVAILABILITY | BOP PLACEMENT – I answer 👇 and personally return 📳 My calls.
35 articles

SENTENCING LAW ⚖️AND POLICY.

This study provides more Validation for 👉The Personal NARRATIVE (written by your client, reviewed and guided by those with Mitigation Experience), and then provided to their Probation Officer 1-2 weeks before their Presentence Interview. The included in The Presentence Report is now Under Seal and will be read by all of your future STAKEHOLDERS.

Now your client’s NARRATIVE (with their RELEASE Plan and Letters Attesting to their CHARACTER), becomes part of their Presentence Report-Under Seal. Aside from their INDICTMENT, the Judge can learn ‘who’ the defendant is.

In this Study👇1 (N=132), evidence about the mitigating circumstances reduced punishment only when it was presented before evidence about the perpetrator’s violation, in other words before the Judge, 1st) reads the Presentence Report that just has the DOJ INDICTMENT, without your NARRATIVE, and 2nd) evaluates the Probation Officers sentencing and placement recommendations, solely based of the DOJs INDICTMENT-NARRATIVE of your client.

 

The Timing of Mitigating Evidence Affects Punishment Decisions

👉The INDICTMENT.

Your client’s story, seen through the eyes of The DOJ Indictment, makes them look like America’s Most Wanted. If left unchallenged, this will be the story or NARRATIVE of your client that future STAKEHOLDERS will read and believe, starting with the Judge.

Waiting until the sentencing hearing is not acceptable because 1st) all your Judge will know about you is through your INDICTMENT, and 2nd) they usually have a tentative sentence in mind during the week before the hearing – which is based on that same INDICTMENT. See this short Video on Sharing your story.

Judges have agreed that they need your client’s help in understanding ‘the why’, of what happened. They know that crimes do not occur in a vacuum and are interested in what caused the person in front of them to break the law.

 

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

 

Presenting all of the court-requested Biographical Background, Personal Identification along with your client’s Story or NARRATIVE, and RELEASE Plan 1-2 weeks before their Presentence Interview allows the Probation Officer to learn about your client before they ever meet.

A little effort goes a long way, as these officers each have huge caseloads and no time. So it should come as no surprise that some may actually appreciate the fact that your client came to this meeting prepared and provided all of the information needed before the interview date. This gives the officer time, allowing them to fill out their Probation Report before they ever meet your client, not being rushed.

Then at the interview, the officer can take the time needed to get to know your client personally, coming away from the interview where your client appears the opposite of the person characterized in the INDICTMENT. As these are usually in written format, judges may find viewing a Video a better way to get to know your client’s whole story. These videos can be under 10 minutes and can be taken with a Smartphone if budgets are tight.

👉 Writing your NARRATIVE is an Arduous and Self-Reflective Experience

Make sure your client has Truthtellers✨to support them.

  • We All Make Mistakes
  • Don’t forget: this is your chance.
  • Those around you should bring out something Positive in you.
  • This is your client’s autobiography (of their life), the good – the bad, and the ugly.
  • Enablers may make you feel good for that moment – but will not 👎🏻 be helpful in the long run. The NARRATIVE is your client’s explanation without excuses, where they have accepted responsibility⚖️ and have remorse for the pain they have caused while not minimizing what has happened.

When writing The NARRATIVE, consider associating your client with those most appropriate and knowledgeable regarding what they will be facing before, during, and after prison. This skill goes beyond the traditional defense and is best provided,

  • At the appropriate time (just before or after the guilty verdict in preparation for their PSI),
  • Those with the appropriate experience of what their client’s future STAKEHOLDERS will need to see and hear before their interview – during and after incarceration, and as they prepare to ‘successfully’ reenter society.
  1. The Probation Officer (PSI) and Judge are now their first two STAKEHOLDERS.

👉 CATEGORIES INCLUDED IN THE NARRATIVE. 

  1. Nature and CIRCUMSTANCE: Here, you want to describe,
  • Why did you do this?
  • How did you get involved?
  • What was your involvement?
  • You should check that your involvement reflects what is in the final Presentence Report.

2. History and CHARACTERISTICS, Here you want to include,

  • Your client’s remorse,
  • Your Client’s Accepted Responsibility
  • How your client ruined their victim’s lives,
  • Traumatic Life event(s) – review with details,
  • Show the court what your client’s plan is never to come back,
  • Where there was a positive or negative family life – explain this,
  • What has this experience taught them? Did it bring up moments from our client’s past?
  • Was there a “trigger,” what was that trigger, and how do you remove it from your client’s life?
  • Include the good things that your client’s done, explain with examples and letters (at least 10 good ones) that Attest to their Character,
  • Show what your client’s doing today to change and improve themself regarding rehabilitation (NA, AA, GA, Therapy, etc.), Community Volunteering, and paying restitution – if they can. This all becomes part of your PSR, now Under Seal.
  • Should a Professional License Be lost, include how this will result in the loss of a profession loved, a career, and income. Still looking into other options, incarceration is temporary, and life will go on with strategic and well-thought-out planning.

Consider this short YouTube before writing your NARRATIVE. Simply speaking, this is Your Story or Autobiography. Nike’s Brand is ‘Just Do It’, Tesla’s is Space-X,  and your NARRATIVE has to be your story and the experiences that brought you to this point in your life – helping your Judge, understand who you are.

3.     FAMILIAL HISTORY: Married – Children – parents’ responsibilities and sole caregiver

4.     DEFENDANT’S PHYSICAL CONDITION: Medically documented, bad Back-Hip-Knees-Shoulder along with Tinnitus could provide your client with a Bottom Bunk. Diabetic, Vascular Disease, Raynaylds could allow the Medicare soft shoe or sneakers.

5.     MEDICAL/PHYSICAL HEALTH, MENTAL AND EMOTIONAL HEALTH: Include ALL medical records, Labs, Surgery Reports, Diagnostic: X-rays, CT, MRI, Ultrasound, PET scans (in Written, Flashdrive or CD format), Prescriptions for medications (Check Generic Medication Availability), and medical devices, along will All physician contact information. These specific medical needs can be met if included as part of your Medical History;

  • Bottom Bunk: Past medical history of Tinnitus, vertigo, or back problems.
  • Diabetic Soft Shoes, Sneakers Instead of Rigid Institutional Boots: Past medical history of a torn Achilles heel, knee, or hip issues.
  • Being of a certain age / Having weight or having a Hernia issue: could result in getting passes of “no standing for prolonged periods” and “no lifting over 15 pounds,” helping you escape some of the crappier work assignments.
  • “Medical idles,” which get you out of everything, are also available, either short or long-term, for various ongoing ailments (ranging from a bad hip to PTSD).

6.     SUBSTANCE ABUSE: Alcohol, Drugs (Legal or Illegal), within the previous 12 months before the arrest. RDAP allows up to 1 year off the sentence. They may do a Urine test.

  • If you started these programs on your own, before your Presentence Interview or before you were Indicted, MENTION THESE IN THE NARRATIVE, WITH COPIES OF YOUR TREATMENT RECORDS FROM YOUR PROVIDERS (AA, NA, Gambling, or a Sex Therapy Program).

7.     EDUCATION AND VOCATIONAL SKILLS: Copied of the highest level; otherwise, a GED will be required in prison. If you have experience with computers, administrators frown on these skills, so you may not want to include these certifications.

8.     MILITARY: Copies, branch, discharge?

9.     EMPLOYMENT: The P.O. will check. Judges love a good work record or history.

10.     STATEMENT FINANCIAL RECORDS: If there are financial fines/ restitution, Congress and The BOP now strongly encourage participation in their Financial Responsibility Plan in order to benefit from all Earned Time Credits and access to Programming. This is in addition to all other required financial records. Don’t try to hide parts or all of this, as the P.O. may find out, angering the Judge.

👉 WHY YOUR NARRATIVE (AND RELEASE PLAN) IS A CRITICAL COMPONENT OF YOUR 📜 PRESENTENCE REPORT

Taking weeks to months to complete can result in a distilled version of yourself that is honest and pure, where you feel Remorse, Accept Responsibility, and Identify with the Victims of the Crime You Perpetrated.

  • If the resulting Narrative or Your Story – is quite the opposite of the DOJ’s Indictment Narrative, where your client sounded like ‘America’s Most Wanted, ‘then your client did a Great Job!

👉 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.

This is from my article on LinkedIn.

WITH THE FSA👉EARLY RELEASE IS POSSIBLE. ✍THE WORK IS MORE THAN JUST GOING TO PROGRAMS

By inDr. M Blatstein's Blog

THE WORK IS MORE THAN JUST GOING TO PROGRAMS; ✍ WE SHOW YOU HOW

Dr. M. Blatstein

Dr. M. Blatstein

FEDERAL SENTENCE MITIGATION: PERSONAL NARRATIVE | PRESENTENCE INTERVIEW PREP. | ALLOCUTION | REENTRY PLANNING | RDAP | HEALTHCARE | MEDICATION AVAILABILITY | BOP PLACEMENT – I answer 👇 and personally return 📳 My calls.
35 articles

PREPARATION. IS THE MOST IMPORTANT CONCEPT I WISH TO SHARE WITH THOSE FACING FEDERAL PRISON

Facing prison becomes real as your client finds themselves remanded or self-surrender. Being prepared for the possibility that they could be placed in an Isolation Cell on their first day is a preventable surprise that can be anticipated with a “heads-up” explanation before their arrival.

With Comprehensive Preparation for the Presentence Interview, defendants find themselves prepared for most eventualities. As part of their preparation, several days before their surrender date, they could have sent themselves books to read. Yes, these paperback books may start coming from Amazon (or home), and will remove some of the initial stress and boredom should they find themselves, right after surrendering, facing 23 hours per day in an isolation cell. This also sets up their habit of reading by showing their Case Manager that they are working to reduce their Improve Themselves, which positively impacts their Reentry Plan in the long run.

STAKEHOLDERS.

These are the persons responsible for incrementally reducing a person’s ‘Criminogenic Needs’ over time. This starts with the Judge, followed by Case Managers and Unit Teams (in prison), who determine everything a person does, from their job requirement to where one sleeps. Further, they are responsible for recommending programs as a result of their assessment survey, available through The First Step Act (FSA).

  • FSA BENEFIT. This offers up to 365 days off a sentence, with the remaining Earned Time Credits (ETC) going to extra time in a Halfway House or possibly Home Confinement, which is still under BOP control.
  • Other benefits include Good Time Credit, Second Chance Act (28 C.F.R. § 570.21(a)), Compassionate Release, and Cares (for a limited time).

THE PRESENTENCE REPORT (PSR).

All the while, the Presentence Report proves its reputation as ‘The Inmates Bible.’ This is because the first STAKEHOLDER your client will meet may be their Case Manager, who will have already read it in order to learn a little about the person they will soon meet.

If comprehensive, the Probation Officer who previously Interviewed your client will have weaved into Their Probation Report the NARRATIVE, REENTRY/ RELEASE PLAN, along with ANSWERS to the SPARC-13 ASSESSMENT QUESTIONS.

No Narrative in the Defendant’s Presentence Report?

  • Then, all the STAKEHOLDERS will know about your client – will be what’s written in the DOJ INDICTMENT. I think we can all agree that this is not the most flattering way to make a great first impression on the Judge. Then, once incarcerated, the Case Manager, the Unit Team, and the Warden control when your client will be returned to freedom; now may be biased – just not in your client’s favor.

After your arrival and you’re all settled in, you’re now tasked with locating the computers, but not for emailing your loved ones. Rather, you need to take and complete your Risk Assessment Survey. This is because the First Step Act Programs you take will only count for Earned Time Credit (ETC) if 1) they have been recommended by BOP staff and 2) after you have completed your SPARC-13 Assessment Survey.

  • To be prepared to take the Survey and speak with the Case Manager, you can also mail yourself a copy of the FSA Program Statement 5410.01_cn2  to review before meeting with your Case Manager several days before your arrival.

INCREMENTAL IMPROVEMENT – REDUCING CRIMINOGENIC NEEDS.

PATTERN. Your Pattern Risk Assessment Score is another assessment score and is hardcoded. Approximately 50% still applies at your 1st assessment, which occurs within 30 days after arriving. See where you fit.

As your attorney and Probation Officer will know this by the time of the Presentence Interview, it’s good for the defendant to become familiar with the categories and address the issues that need addressing.

I. WORK – THE FSA IS MORE THAN JUST GOING TO CLASSES 

The only way I know of proving that you’ve,

  1. ...taken the classes,
  2. …demonstrated Incremental Improvements that your Case Managers need to see – (which I have learned from others),
  3. …is by daily writing (or documenting) everything constructive you do while in custody, which is by keeping a daily log or journal.
  4. WHY KEEP A DAILY LOG?

Consider this Insurance; similar to purchasing Life, Health, or Auto: You hope you don’t need it – Until you do.

  • Next is Building this “New” Habit, practice – practice – practice. Then, repeating this skill daily until it becomes second nature. A great book on this: The Power of Habit, by Charles Duhigg.

Why? What do you do if the BOP has No Record that you took that class – on that date – and you find this out 6 Months Later, what do, or can you do?

  • READ THIS, Great documentation-proof, ‘possibly,’ could have provided a more favorable outcome – Don’t Let This Be You: Legal Case: this person was denied their ETC (apparently without clear documented proof of ETC to support his position of 365, among other issues).

Ia. FIRST STEP ACT PROGRAMMING. Keep a running journal of everything Constructive that you are doing each day. This log will include the day, date, time, and your constructive activity – what you did and learned. Whether taking an FSA Class, reading a book that you could learn from, or other time well-spent activity, keep a record of what you learned and who taught that class (if this was FSA, include positive comments about the teacher). Then, at the end of the class, a brief note on lessons learned, how you will use them in daily life, and a brief thank you to your Case Manager for recommending that special program. This all goes towards building your Reentry/Release Plan.

 

If Your Case Manager, Counselor, and Warden, in their tenure, see hundreds to thousands of Adults In Custody (AIC, Director Peters’s new term) pass through their facility, how can you stand out in a good way? We all start off as a number – until we show them otherwise. If you’re looking to take advantage of the FSA and all it has to offer, no promises, but your efforts may result in an earlier release date.

Ib. NON-FICTION BOOKS – Remember What You Want, ‘TO GET HOME’ – start building this new habit. For as long as you will be in prison, pre-schedule books to be sent from Amazon (spread out among family and friends – on a schedule so that the responsibility and costs are spread out) to arrive every 2-3 weeks. Read daily and note the day, date, time, and specific “takeaways” that you have learned from each book by chapter, and watch your Release Plan continue to grow.

  • You still want OUT of The BOP – Right? Give credit to your Case Manager for what you have learned in your ‘Release Plan’. Now, they, too, look great in the eyes of their supervisors.

The books can be on any topic, you have the time, and possibly this could develop into a new career. Biographies of famous people, Art, Art History, Science, Painting, Life Skills, History, Famous Women in History, Geology, really anything you are interested in. If you’re unsure, go to my website. the books are at the bottom of this page, or get ideas from The New York Times, Forbs, Inc., – but buy from Amazon as the BOP guards are familiar with Amazon (and paperbacks are cheaper).

  • This is just an idea, a starting point – you may have an interest in Painting or Drawing, whatever it is, take this time and explore it; please don’t waste it on just TV. This is Temporary, and Eventually, you will be Released.
  • This is advice that I have learned from others who have developed a broader perspective. My wish for you continues to be PREPARATION.

Ic) You’re Educated With a Degree and Experience, Great – Create a Course

  • Plan a curriculum on a topic that you feel would be interesting.
  • Organize it for classes to meet 2-3 times per week for several months,
  • Then, run the idea by your case manager; maybe it could help those with their GED; who knows?
  • Once all parties agree, your case manager is happy, and your Reentry Plan grows – GREAT!
  • Let your Case Manager and Unit Team take the credit!
  • It’s just one more thing Working For You.

Id. Log every conversation you have with each BOP staff member by name, date, time, and topic; it’s for “just in case.” It can be an innocent conversation, but you will never know – until the day you need it, but if you forgot the day, date, and exact conversation – you’re out of luck.

Ie. Second Chance Pell Education Grant. Do you have your GED? Yes, Great! Do you have a College Education? The Department of Education intends to fully implement the legislative changes to allow eligible students’ college-in-prison programs to access Federal Pell Grants, beginning July 1, 2023. The Biden-Harris Administration has the following list of participating Colleges and Universities. Please check for Grant eligibility first.

II. THE FINANCIAL RESPONSIBILITY PROGRAM (FRP). Should you have a court-ordered financial penalty to participate in the First Step Act, you must offer to participate in the Program; otherwise, you could be denied participation in FSA programs and/or early release benefits. If the Judge ordered that you could delay payments (Yes, still offer something to your Case Manager. It will help you in the long run.). If the Judge ordered, for example, $25 per quarter, to offer something more to your Case Manager will elicit a similar response.

Recommendations:

  1. Do not keep $1000s in your Commissary Account. Why? Because the DOJ one day would like nothing better than confiscating 75% of your commissary money.
  2. Offer reasonable payment options. If your commissary account takes in > $1000s per Month, offer to contribute $200 per Month to your FRP; if your account takes in $200-500 per Month, offer to contribute $25-75 per Month (or quarter, depending on your ability to pay), to your FRP.
  3. Refusing is not an option – unless you wish to serve your full sentence and possibly risk the DOJ getting their wish of confiscating 75% of everything in your commissary account.

RELEASE PLAN, INTERVIEW.

  • No Reentry/Release Plan 👉 Why should a Case Manager recommend you for the Second Chance Act? If you don’t appear to care about your future – which is how they will view it, why should your STAKEHOLDERS spend their extra time on you?
  • No Reentry/Release Plan 👉 Why should a Case Manager recommend you to a Residential Reentry Manager (RRM)?
  • No Reentry/Release Plan 👉 Why, should a Residential Reentry Manager (RRM) take a chance and offer you one of their beds when there is someone else applying with a Great Release Plan? If someone has taken the time to 1)write a Release/Reentry Plan that has reviewed their progress during their time in prison, 2)explain why they need and how they will use the time while filling one of the limited Halfway House beds, or while on Home Confinement, who would you choose?
  • Case Manager recommendations are important to Residential Reentry Managers (RRM), as they need to know that they’re bringing in a qualified person who can continue their reentry successfully back into the community.

REENTRY/RELEASE PLAN. Starting it before your Presentence Interview isn’t easy, so explain that you researched content for your Release Plan Online at the MN Dept. of Corrections and ‘The National Institute of Corrections Manual’, and then use their template to start your Reentry Plan Into The Community. Print it, and mail it to yourself so you have a baseline.

  • NEXT INTROSPECTION: Review your investigation, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process. You can start just by writing, “I’ve had a lot of time to think, and I didn’t realize how bad my decisions were and how much pain they inflicted on the victims I created as a result of my actions…” I your words…
  • With preparation and more entries, you will see that a better outcome will emerge as you continue developing your reentry/release plan. We can’t change the past — but you can impact your future.
  • It’s early in the process, so that you won’t have all the answers now, but you could add that you reviewed the Risk Assessment Programs available through the First Step Act, and you recognize that there is much for you to learn – because you have much to prove this to your victims, community, family, and yourself.

This article also appeared on LinkedIn

YOUR JUDGE ⚖️WILL ASK FOR YOUR PLAN TO NOT RETURN TO THEIR COURTROOM → 🕊️WHAT’S YOUR ANSWER?

By inDr. M Blatstein's Blog
Home Confinement Info Sheet

WHY A RELEASE PLAN?

“ARE YOU READY TO ANSWER YOUR JUDGES QUESTION?”
DO YOU KNOW WHAT YOU’LL SAY?

Release Planning should begin before your Presentence Interview if, for no other reason than at your Sentencing Hearing, your judge will ask you or want to know your plan to not return to their courtroom. In this video, I review why Release Planning should begin before your Presentence Interview if, for no other reason than at your Sentencing Hearing, your judge will ask you or want to know your plan to not return to their courtroom.

The Release Plan, Divided into ‘6’ Parts: 

Part I) Before your Presentence Interview (and is provided along with your Narrative to be woven into your Presentence Report), 

Part II) Before your Sentence Hearing (building and after giving more thought to your 1st Release Plan),

Part III) Once inside, here is where it grows – mostly by documenting your Personal Developmental Growth, which includes the FSA Programs and everything Constructive that you have been working on in areas of interest to you, including mentoring others or teaching classes.

Part IV) Before Release details what you will be doing once released. This can be started by following example forms developed by Rikers Island, the MN Dept. of Corrections – ‘The National Institute of Corrections Manual, or the Release Plan Prep Guide. All of this will, or should (as nothing is Guaranteed), make you appear a better candidate for a Halfway House. These beds are limited, and Residential Reentry Managers want to fill these beds with people who will reenter society successfully. Is this You? This video doesn’t cover everything, but I hope it provides some constructive insight.

Part V) After Release / Post-Incarceration Services

YOU ARE STILL UNDER THE CONTROL OF THE BOP 

  • For many in BOP custody until he/she completes his prison term (for sentences greater than six months).
  • You’re in a Residential Re-entry Center (halfway house) or working with the BOP’s Community Corrections Management.
  • If you’re eligible to be transferred to home confinement (the last six months or 10% of the sentence, whichever is less), your client will transition from the RRC or CSC with another set of rules and requirements.
  • Even after leaving BOP custody, he/she will start his supervised release period, which is often for three years.
  • Each of these is a different branch of the Justice Department, 
  • You Do Not Want To Get Disciplined or have any Infractions that Could Return You To Prison

Part VI) Supervised Release/Parole/Halfway House –

  • You think You’re Out/Done,
  • But You’re Still Under “Federal” Control,
  • This could be the Hard Part – No Mistakes – Don’t assume,
  • For Questions, Ask your Probation Officer or Residential Reentry Manager First and Often. Not hearing back is Not an OK To do what you want to do.
  • Some are harder to deal with if your charge is a State Charge – But Make This Temporary.
  • Supervised Release – Probation

Probation or Supervised Release is No Joke. Follow the rules, and all will be ok.  Probation Officers have huge caseloads; unfortunately, they are overworked and expect the worst. Be the exact opposite, and good things will happen.

Now, with a New Director of The BOP (Dir. Peters, there is reason for hope and optimism), The First Step Act, the Second Chance Act, and the Work You Do In Investing In Yourself Can Earn Your Way To Freedom. For more on your Mitigation steps, call me.

This is a document that will grow over time and will influence your STAKEHOLDERS.

WHO ARE ‘YOUR’ STAKEHOLDERS

Your Attorney • The Probation Officer Conducting Your PSI• The Prosecutor • Your Judge • BOP 1st) Designation Staff, 2nd) Your Case Manager, and 3rd) Unit Team • Residential Reentry Manager (RRM) • Probation Officer, • and Others You Have Yet To Meet

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

-Marc Blatstein

 

When writing your Narrative, Allocution, or Reentry Plan, read it through the Lens of YOUR STAKEHOLDERS: WHAT DO THEY WANT TO HEAR? Through their eyes, there are victims, and there was a crime, but without your narrative, all they have is the DOJ indictment of you – so you may appear like America’s “Most Wanted.”  Only you can change this.

It’s best started before your Presentence Interview and will continue to develop as you add to it during your stay in the BOP.

 

Writing Your Release Plan, Now Before Your Presentence Interview 

Attempting to write your Release Plan, you don’t need to have all the answers today! Start will the small parts (bites) that I have provided below. Like the rest of your plan, it will develop over time; I know because mine did. Remember: One bite at a time.

But, if you have a letter from someone willing to hire you when you are released based on your skills and character – that is a GREAT letter to include in your plan, your Presentence Report, and with your attorney’s Sentencing Memorandum at your Sentencing Hearing.

 

Your Reentry Plan addresses your STAKEHOLDERS

You must be Your Own Best Advocate – 

Your Judge: STAKEHOLDER. If your Narrative (with your Reentry Plan) is included in your Presentence Report, you now have your Judges attention because he/she, among other things, wants to know your plan to not re-offend.

  • What are you going to do?
  • In addition to expressing remorse for the victim(s), understanding their pain, suffering, and how it has impacted them, 
  • You have reviewed what your life brought you to this moment that caused you to do this – with no excuses. 
  • You have reviewed the FSA Risk Assessment Program Questions, which had you reflect on what you’ve done and read about the many available programs to learn from.

Your Unit Team, Case Managers, and Counselors are your STAKEHOLDERS. For all of your meetings, just like with your FSA Programs and Books that you are reading, document their name, date, time of day, and conversation topic to recall later. Consider it insurance.

  • Review the FSA Risk Assessment Program Questions (SPARC-13) and
    • Weave your answers into your plan before your Presentence Interview.
    • What you hope to learn from the programs and how you need to implement their lessons into your daily life, work, or family life –
    • Include something Positive about the teacher.
    • Praise the Case Manager who recommended you take these programs.
    • For both of these, your Case Manager may ask your opinion,

Your Case Manager, Counselor, and Warden, in their tenure, see’s hundreds to thousands of Adults In Custody (AIC, Director Peters’s new term) pass through their facility. How can you stand out in a good way? We all start off as a number – until we show them otherwise. If you’re looking to take advantage of the FSA and all it has to offer, no promises, but your efforts may result in an earlier release date.

If release plans are not required, then why do them – To reduce Your Time Incarcerated?

  • Without a Plan, why should your Case Manager and the BOP give you a reference to a Halfway House Residential Reentry Manager (RRM)
  • There are not enough halfway house beds in the country to house everyone who wants to use them.
    • Halfway House Residential Reentry Manager (RRM) wants to fill those beds with people who will use them to reenter their communities successfully.
  • Case Managers will Recommend you, which the Warden signs off, and your file then,
    • goes to the Residential Reentry Manager to determine who is best suited for their limited bed space, who needs that time, and who will succeed.
  • Residential Reentry Managers decide who can use the limited number of beds by evaluating your BOP file, including your PSR, Narrative, and release plan.
    • They’re also being judged, so they want to show success. Inmates writing release plans are a way that halfway house managers can make that judgment.

Start your plan before your PSI – It Can Include Parts of Your Narrative,

  • Once inside, give the credit for your plan to your Case Managers and their recommendations as they offered FSA Programs to you.
  • Offer that you researched for your Release Plan: National Institute of Corrections website.
    • This template covers Personal Identification, Housing, Transportation, Personal Needs, Employment, Recreation/Leisure Time, Chemical Dependency Treatment/Aftercare, and your Support System.
  • Write as you review your investigation, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process. You will see that preparation fulfilled as you develop a reentry/release plan to achieve a better outcome. 
  • QUOTING something like…: “Since my indictment and arrest, I had the time to think about everything I have done. Previously, I didn’t recognize how BAD my decisions were, But I realize it’s Not About Me. It’s about My Victims, What I did, and What I have to do – to make it right.
  • Referencing your PATTERN Score, address applicable points for either Men or Women.
  • If you learn you have a Detainer (hopefully before your Presentence Interview)
    • Last week, the BOP quietly issued a change notice to its Program Statement on applying for FSA credits.
      • Before sentencing (or as soon as possible), your attorney learns that there is a Detainer; when filing this form, with no response after 180 days, it goes away.

1) Followed With copies of your Social Security Card, Driver’s License (expired?), and Birth Certificate. Know where your originals are kept so you can get them, and where are they now if they were taken from you at your arrest?

2) Be Honest with how you fill out BOP forms and talk in prison. If you lie and it gets found out by your STAKEHOLDERS (Judge), you may have more significant problems. Don’t say you have a substance abuse problem – if you don’t. This can be held against you by the Judge or other STAKEHOLDERS.

  • Some of those you meet will be biased against you (try not to let it bother you, be polite)
  • Writing is good, But Showing That You Have Learned You’ve Done Is Wrong Is Where You Want To Be.
    • (The Anger Management Course)
    • DOCUMENTATION OF EVERYTHING YOU DO,
      • CLASSES YOU TAKE, BOOKS YOU READ, AND FSA PROGRAMS YOU HAVE ATTENDED;
      • Because even if your case managers forget to document your progress, at least your records are complete and
      • You CAN NOW VERIFY, AS IT IS IN ‘YOUR’ COMPLETE FILE

3) Who will be your Support Structure?

  • This includes those who care for you to ensure you don’t return to the judge’s courtroom. This can be family, friends, or others and can include a potential employer willing to rehire you following your release, all who have provided letters attesting to your character, and who are aware of your past criminal behavior.

4) Employment Opportunities?

  • Will you still be allowed to run your own business? Was your business part of your criminal arrest? If Yes – then-No.
  • It is possible, though, to work For Yourself  – With a great release plan – Yes,
    • Probation May let you work for yourself and travel.
      • Were you working for yourself before your arrest? Yes,
      • If working for yourself – was this job part of your criminal activity? If No, OK
      • What will you do–keep it separate from your criminal conviction?
    • Who’s the owner?
    • Does it need to be registered with the state, licensed, etc?
    • Be Organized: “While incarcerated, I want to plan to own my own business, and these are the steps I will need to take.”
    • Will you need employment? No, I’m retired but volunteer or care for A Relative.
    • How realistic are your employment opportunities? You’re a physician – at best, you’ll need to reapply to your board, get your CMEs, etc. DEA and Provider Numbers, Medicare and Medicaid, OPM, and HHS.

5) At this point, your Reentry Plan is much shorter than it will be at the end of your sentence.

6) The plan will change – Keep your Case Managers Updated on your REENTRY Plan

  • This is why I need either 1 year in a Halfway House (or Home Confinement) – here’s what I need to do as I prepare to get back on my feet.

7) After sentencing, especially if the Judge gives you a downward Departure, start thinking about your Reentry plan, add what you wish you had done differently, and add what the judge said at sentencing before you forget.

 

 

BY THE NUMBERS

  • If you have over 12 months of ETC, they could be applied to Halfway House or Home Confinement.
    • If You Have the Appropriate Resources and Reentry Plan
  • ETC in Halfway House: for example, if you have 11 months, the BOP may apply that to early release.
  • If you have 14 months ETC:
    • 2 Months in Halfway House
    • The 2nd Chance Act,
      • The 5 Factor Review: 8 mo. Halfway House, 6 mo. Home
  • Released to Home vs. Halfway House.
    • The BOP now sends inmates to the Halfway House, where they are evaluated for their plan.
      • It is up to the Halfway House to determine if the person meets the Eligibility & Appropriate criteria.
      • It is up to our REENTRY Plan to show why Home Confinement is needed.

HOME CONFINEMENT INFORMATION SHEET

WHO AND WHAT ARE YOUR STAKEHOLDERS

By

STAKEHOLDERS

STAKEHOLDERS
It is important to understand that STAKEHOLDERS are individuals and organizations that have a vested interest in your growth, development, and reduction in criminogenic tendencies. These include the Courts, your lawyer, the DOJ (who issued your indictment), your probation officer, prosecutor, judge,  BOP staff, Residential Reentry Center/Halfway House Manager, and are responsible for you while you are on Home Confinement before you enter Supervised Release. As you approach your Sentencing Hearing, in this video, I review what and who your STAKEHOLDERS are.

 All events related to your case must be accurately presented in your Indictment. If this is not the case, providing your account of events may be necessary through a Personal NARRATIVE. Remember that these STAKEHOLDERS are scrutinizing your actions, so it is important to consider everything from their perspectives. How can you build trust and confidence with each STAKEHOLDER?

External STAKEHOLDERS

Additionally, your judge may already have a sentence in mind. It is crucial to understand that your BOP Case Manager may not completely understand your situation, as they can only rely on information from your Indictment and PSR. However, you can take charge by creating your Narrative and Reentry Plan. Taking responsibility, expressing remorse for any harm caused to victims, demonstrating dedication to rehabilitation, and highlighting unique circumstances can help you distinguish yourself from others in the criminal justice system. This, in turn, will enable you to understand their expectations better and work towards a successful reintegration into society.

Your Narrative and Reentry Plan, along with your Allocution, sparked your Judges interest to speak with you and possibly reconsider the sentence.

Internal STAKEHOLDERS:

It’s essential to recognize that the criminal justice system comprises Internal STAKEHOLDERS. Your BOP Case Manager has restricted knowledge about you and can only collect information from your Indictment and PSR. Nonetheless, you have an opportunity to exhibit your unique circumstances and showcase your dedication to rehabilitation by creating your Narrative and Reentry Plan. This will not only help you distinguish yourself from STAKEHOLDERS but also assist you in comprehending their expectations and working towards a prosperous reintegration into society.

 

If Your Case Manager, Counselor, and Warden, in their tenure, see hundreds to thousands of Adults In Custody (AIC, Director Peters’s new term) pass through their facility, how can you stand out in a good way? We all start off as a number – until we show them otherwise. If you’re looking to take advantage of the FSA and all it has to offer, no promises, but your efforts may result in a earlier release date.

  •  To achieve your desired results, it’s crucial to take into account the goals and objectives of your stakeholders. It’s important to effectively communicate your efforts to reduce criminogenic needs and growth to your case manager, even though this may be difficult as they come into contact with numerous individuals daily, weekly, monthly, and yearly. Although your case manager may document your progress in reducing criminogenic needs in their general file, it’s recommended that you keep your record or Reentry Plan. This will enable you to track your progress and identify areas for improvement. By adopting this approach, you will draw the attention of BOP staff and successfully reintegrate back into society and your home more quickly. However, it’s important to note that there are no guarantees.
  • Reading non-fiction books is a proven way to showcase personal growth. To develop this habit, you may consider setting up a regular delivery schedule from Amazon, receiving two books every 3-4 weeks. While reading, take note of the date, time, day, and any valuable insights or knowledge gained from the book. I listen to podcasts while driving and keep a tape recorder in the car to remember important points. I took notes on everything I studied to retain the information during my school days. You can also apply the same practice to your daily life to track your progress and accomplishments, which can motivate continued growth and success.

Before leaving The BOP, have you considered expressing gratitude to your Case Manager for all the knowledge you have gained? Doing so can leave a positive impression on stakeholders and may even help others achieve their goals. While success cannot be guaranteed, it is worth striving for in the long run. Reading books on various subjects, including biographies of famous people, art and art history, science, life skills, history, notable women in history, geology, and more, might even lead to a new career. If you enjoy painting, then go ahead and paint.

Halfway House Managers select pre-qualified inmates for successful reintegration into society based on recommendations from Case Managers who prioritize Reentry Plans and Incremental Improvement.

 

To date, all they know about you is what they have read in your INDICTMENT, which was not too flattering.

If You’re Not Satisfied With It ? ⇨ No, Let’s Rewrite Your Story – Your Narrative.

Show your STAKEHOLDERS.

You must first understand their “trigger points because they are seeing many people like you every day – how can you make yourself stand out?” Consider the following questions for each STAKEHOLDER:

  • What information do they expect to learn from me?
  • What is the best way to show them that I am different from everyone else they meet?
  • How can I best demonstrate that I am working toward changing my ways?

How To Communicate With Your STAKEHOLDERS.

  • Consider your stakeholder’s goals and objectives.
  • Show that you are working towards the desired outcomes by reducing your criminogenic needs, and be clear about them.
  • When you do this, you and your case managers will achieve mutually agreeable goals because they will get satisfaction from watching you grow and develop new habits while you prepare yourself for life after prison. Strive to create this “win-win” as you both will have something to be grateful for.

Your NARRATIVE should be included in your PRESENTENCE INTERVIEW, TO BE EMBEDDED INTO THE OFICIAL PRESENTENCE REPORT.

I) Your Narrative Is Your Story – or Autobiography,

This video covers why your Narrative is critical in your defense. Why? 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 – that is what your Judge will read and assume is the gospel truth. If you don’t agree with 100% of your INDICTMENT, then you have a choice: to tell your story through Your Narrative. I hope this Video helps, and available for any questions.

Your Attorney: 1. Your attorney will learn more about your Biographical back story.

The Probation Officer: Following the interview and investigation, they will draft the official Presentence Report. Please take the time to proofread it with your attorney, in addition to practicing your Allocution.

The Prosecutor will still likely want to convict.

The Courts /Your Judge usually already has a sentence in mind. This is the 1st time the Judge gets to read your story or NARRATIVE. This could change their mind, in part depending on your conversation (Allocution), as Judges across the country agree, want to hear from the defendants because crimes do not happen in a vacuum.

This possibly opens the door for your ALLOCUTION. During the judge’s conversation with you, in addition to covering the points below, he/she may want to know, in the end,  your REENTRY PLAN or what you plan to do when you get out to not re-offend. A short but concise video.

During Your Allocution, Judges Look For,

  1. A sincere demeanor
  2. Discuss what “taking full responsibility” means to the defendant.
  3. An acknowledgment that there are victims (e.g., even when the PSR indicates “no identifiable victim,” as it does in most drug cases);
  4. A more impressive Allocution details how the defendant’s criminal conduct affected the victims.
  5. An expression of genuine remorse.
  6. A plan to use prison or probation time productively.
  7. A discussion of why the defendant wants to change his or her criminal behavior, perhaps most importantly, information that helps humanize the defendant and the defendant’s role in the crime.
  8. Tell their story, but don’t minimize the seriousness of what your client did.
  9. Judges will sometimes ask a defendant what he/she will do upon release to reduce their need to re-offend.
  10. Show his/her strengths and weaknesses.
  11. If you can show that you are on the same page with the court regarding the seriousness of the offense, the chances of accepting your other statements will increase.

II) Departure Factors (Woven into the Narrative)

E Factors:

E Factors refer to circumstances that may warrant a departure from the sentencing guidelines established by the United States Sentencing Commission. These factors include aspects of the offense or the offender’s background that the guidelines do not adequately consider. Some examples of E factors include:

  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
  5. The defendant’s acceptance of responsibility for the offense
  6. Any other relevant factor that justifies a departure from the guidelines

F Factors (Below Guideline Range Factors):

F Factors refer to circumstances that may justify imposing a sentence below the guideline range, even if a departure is not warranted. These factors are also considered under 18 U.S.C. § 3553(a) and include:

  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. The need to afford adequate deterrence to criminal conduct.
  5. The need to protect the public from further crimes of the defendant.
  6. The need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment.

III) Your Narrative will influence people you have not met in the BOP.

BOP Office of Designation, Grand Prairie, TX: As part of your Presentence Report, it will impact where they place you, yet you have never met them.

BOP Staff; Warden, Unit Team, Case Manager:

For case managers and unit teams, these are employees, and they see hundreds of inmates/people (if not thousands), so how can you differentiate yourself – demonstrate that you are staying out of trouble, doing your assigned job, attending FSA Classes, and doing other constructive work. Reading Non-Fiction, teaching a course, and documenting everything you do (these are ideas I learned from others). Are you an artist? That is important as long as you have constructive interest that can lead to a career after release.

There are not many ways in prison to demonstrate – Individual Personal Development, but these are my recommendations unless you have a better idea.

IV) REENTRY PLAN gives your judge insight into your efforts to not re-offend.

Release Planning should begin before your Presentence Interview if, for no other reason than at your Sentencing Hearing, your judge is going to ask you or will want to know what your plan is to not return to their courtroom. In this video, I review why Release Planning should begin before your Presentence Interview if, for no other reason than at your Sentencing Hearing, your judge will ask you or want to know your plan to not return to their courtroom.

Going into more detail, with this as a starting point, I have divided the Release plan into ‘4’ Parts: 

a) is before your Presentence Interview (and is provided along with your Narrative to be woven into your Presentence Report), 

b) is before your Sentence Hearing (building and after giving more thought to your 1st Release Plan),

c) Once inside, here is where it grows – a lot, mostly by documenting your Personal Developmental Growth, which includes the FSA Programs and everything Constructive that you have been working on in areas of interest to you and

d) The last part details the specifics of what you will be doing once released. This can be started by following this form developed by the MN Dept. of Corrections and ‘The National Institute of Corrections Manual.’ All of this will, or should (as nothing is Guaranteed), make you appear as a better candidate for a Halfway House. These beds are limited, and Residential Reentry Managers want to fill these beds with people who will reenter society successfully. Is this You? This video doesn’t cover everything, but I hope it provides you with some constructive insight.

1) You have already been prepared to offer to participate in the BOP Financial Responsibility Program if you have any financial penalty (i.e., Restitution).

2) You know of the FSA SPARC-13 Survey and would like to take the classes because you read about the criminogenic programs that could help you – if you were accepted.

3) Start Reading Non-Fiction Books where you have an interest, which will teach you something – possibly a second career. You can schedule yourself to receive 2 non-fiction books at a time, and then you are going to do the following for both the FSA Program Classes and the BOOK Reading,

  1. For the FSA Programs, you will document each day you take the class – what you learned – how you could use what you learned after release, and one aspect during that class where the teacher made a difference. 
    • Also, keeping your record acts as insurance in case 6 months after you take your FSA class, your case manager has no record of you being there – how do you defend yourself?
  2. For each book, you will write in the same softback journal-type notebook(from Amazon) what you felt you could incorporate into your life or a new career.
    • What do these two have in common for your case manager – Over Time? They Demonstrate Incremental Personal Development – What a Suprise and a Very Big Win.
  3. Continue journaling every contact with BOP Correction staff, Case Managers, and Unit Teams, Names, Dates, Times, and Topics, just for your records. For example, after each FSA class attended, keep your record of each class attended so that YOU HAVE YOUR Record to compare against the BOPs. Just to be safe. You want to get credit for each hour of Earned Time Credit you are entitled to. There are too many news articles where the BOP Autocalculation has Not Worked. If you have concerns, calmly take the time to ask your counselors or case manager why your Earned Time Credits are not Showing up. 
    • I am updating this June 2023. I read an article a while back about the new BOP Director Peters; TEN MONTHS IN, Colette Peters’s job HAS NOT GOTTEN EASIER. She faces many challenges as she diligently strives to right the ship/improve the system, and is being bucked along the way. After reading what Walter Pavlo wrote, my takeaway is that she is trying; the calculations will be done, even though some don’t like change. 
    • Try and stay strong; I am always available for questions, mostly 7/365.

4) RRC Manager (and BOP Staff; Unit Team, Case Manager)

When it’s time to be considered for Halfway House, your Case Manager Has Influence and is looking for,

    • INCREMENTAL IMPROVEMENTS
    • Who’s Eligible – is this in your PSR
    • Who Has No Infractions
    • Your Reentry Plan has grown quite a bit from before your Presentence Interview.  All of this is good, even if it doesn’t work out.

The Residential Reentry Center (RRC) Manager has to consider,

  • Limited bed space
  • They’ll look for those who will succeed –  that will make them look good!
  • Depends on the BOP Case Manager’s Input regarding the inmate’s entire file.
  • The RRC Managers also want to show that they release successful persons from their RRC, successfully back into their communities and not back into The BOP.
  • After, you may transition to supervised release.

The Probation Officer. During Supervised Release and Home Confinement, will essentially get a biographical update of you before they meet you by reviewing your entire file, including your PSR and everything that has transpired since you were first incarcerated.

If You Suspect You’re The Target of a Federal Investigation | Before The Presentence Interview (PSI) | After The PSI – But Before The Sentencing Hearing | After Sentencing or You’re Already Incarcerated | 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.

Steel Toe Safety Boots In Prisons – Not Always The Best Choice

By inDr. M Blatstein's Blog

Steel Toe Safety Boots In Prisons | NIH: Shear-Reducing Insoles Prevent Foot Ulceration

Medicine is both an art and a science. While the implementation of steel-toe safety boots protects the institution and the majority of persons incarcerated, there is a significant, albeit small part of their population that may be harmed – however rare that may be.

As The Bureau states in their Program Statement 6031.01, Patient Care, (Page 58), they are responsible for providing one pair of safety shoes to each inmate, suitable for their job assignment. They would make custom shoes or orthotic devices available if needed that would have to be, medically necessary to accommodate a significant foot deformity or decrease the chance of injury to feet with impaired sensation.

The caveat here is that in a large bureaucratic institution, the patient/inmate may have to either pay their co-pay to be seen immediately for an unscheduled visit or wait for staff to provide a referral – either way, once prescribed, the wait time can be expected to be at best – “a while.”

The headline image I have chosen was for several reasons. To start, safety boots with a steel-toe box will provide protection, but in my opinion, after 30+ years of practicing in this space, I believe that there are other forces of concern. To start, the inner sole at the inside bottom of the boot has to have significant padding to cushion (or protect) the foot from shear forces, that over time could wear down the skin’s protective padding. The boots in 2006, had none.

No alt text provided for this image

Additionally, with correct insoles, biomechanical support would be of additional long-term benefit. When I was in a BOP facility years ago, there was nothing like this available, and I was left to figure out the protection and biomechanical issues on my own.

The medicare prescription shoe P6031.04 is referencing:

o   HCPCS code A5500 for diabetics only, custom preparation, and supply of off-the-shelf depth-inlay shoe manufactured to accommodate a multi-density insert(s), per shoe as maintained by CMS

o   ICD-10 Codes for Orthotic/Prosthetic — Diabetic Shoe

Then there is the steel toe, and while available in widths, new boots being what they are, take time to break in. During that period, a person’s toe that is rubbing against the hard, leather-steel binding, is a recipe for potential problems, no matter how rare. Then, with wear, the foot through the normal gait process over time, again no matter how rare, could rub against the steel toe box.

No alt text provided for this image

The patient/inmate does not have to be an out-of-control Diabetic, they could be a pre-diabetic, have Peripheral Vascular Disease (PVD), or Raynaud’s (which I still have), just to mention a few. Therefore, for those few who slip between the CARE LEVEL cracks, there may be some that need to get a toe or two amputated due to infections. But here is where Murphy’s Law presents itself, (where one amputation turns into multiple, more aggressive procedures) – some of which could have been avoided, with a little prevention.

I present several cases from NIH:

I) Intermediate-term outcome of primary digit amputations in patients with diabetes mellitus who have forefoot sepsis requiring hospitalization had presumed adequate circulatory status.

Outcome.

  • Out of 92 patients with 97 forefoot infections, twenty-two had foot amputations.
  • Pre-op, all had presumed adequate forefoot perfusion (assumed good blood flow to their feet), as determined by noninvasive methods, was studied.

II) Midfoot amputations expand limb salvage rates for diabetic foot infections

Outcome.

  • If surgery is indicated, these are likely options.
  • Transtarsal amputations (removes even more of the foot – below the ankle) salvaged over half of nonhealing Transmetatarsal, Amputation (TMA)

III) Shear-reducing insoles to prevent foot ulceration in high-risk diabetic patients

Outcome.

  • These results suggest that a shear-reducing insole is more effective than traditional insoles in preventing foot ulcers in high-risk persons, including those with diabetes.

Prevention In Medicine Is a Core Value

I believe that the responsibility for a client’s Mental and Physical Health should be safeguarded to protect them from themselves and others, …while providing a safe environment for the duration of their incarceration. Ultimately this is the responsibility of the Court, Defense Team, and BOP.

If you found 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.

No alt text provided for this image

Marc, Dr. Blatstein

  • PPRSUS.com
  • info@PPRSUS.com
  • Voice: 240-888-7778
  • Getting Your Message on the Record
  • Drafting a well-thought-out Personal Narrative
  • For more information on the BOP: www.bop.gov
  • My license to practice was restored in 2010
  • Seen on LinkedIn

Watch our 50+ minute PowerPoint Presentation, (of CLE Quality), which can be time adjusted to meet your needs.

Published by

Dr. M. Blatstein

Dr. M. Blatstein
FEDERAL SENTENCE MITIGATION: PERSONAL NARRATIVE | PRESENTENCE INTERVIEW PREP. | ALLOCUTION | REENTRY PLANNING | RDAP | HEALTHCARE | MEDICATION AVAILABILITY | BOP PLACEMENT – I answer 👇 and personally return 📳 My calls.
Published • 8mo
35 articles
In this issue of my newsletter series, I review the use of Safety Steel-Toe Shoes. If you find this helpful, please subscribe, share it with your colleagues, and consider engaging my services. 

THE SENTENCING HEARING

By inDr. M Blatstein's Blog

THE SENTENCING HEARING: Is Your Client Prepared to Speak with Their ⚖️Judge?

Dr. M. Blatstein

Dr. M. Blatstein

FEDERAL SENTENCE MITIGATION: PERSONAL NARRATIVE | PRESENTENCE INTERVIEW PREP. | ALLOCUTION | REENTRY PLANNING | RDAP | HEALTHCARE | MEDICATION AVAILABILITY | BOP PLACEMENT – I answer 👇 and personally return 📳 My calls.
35 articles

What is the ‘1’ Thing that Differentiates Them from Everyone Else Entering Their Judge’s Courtroom?

Facing America’s Criminal Justice System for the first time is a life-altering, surreal, and frightening experience. The importance of preparation and working with your legal team before the presentence interview cannot be overstated.

Once this has all been completed, as an attorney, you’ve prepped your client right up to their sentencing hearing.

Then, after sentencing, there still are a lot of fears and unknowns as they face either their self-surrender date or are remanded at that time.

Attorneys know the law, but the nuances of navigating through Federal Prison aren’t traditionally part of a legal defense. This requires a unique set of knowledge and skills that interest those responsible for assessing their freedoms.

STAKEHOLDERS are part of the system that controls everything that happens following the guilty verdict and until you’re released from the Federal Bureau of Prisons. They are responsible for keeping society safe by reducing criminogenic needs for those who will eventually be released. From the Judge to the BOP Case Manager and Unit Team, to the Probation Officer on Supervised Release, and then possibly back again to the Judge to get off Supervised Release early, at each stage, these STAKEHOLDERS make decisions that impact your client’s future.

Realize that even if you’re doing everything right from the start, the only person you can control is – you, and still, there will be disappointments. Therefore, being prepared at every stage, keeping your eyes open with a positive attitude, and continuing to add to your Reentry Plan are all ingredients needed for getting home to your loved ones. Remember: No Cell Phones, No Trouble, and No Infractions.

YOUR STAKEHOLDERS

1.   Your Judge, who already knows that;

  • Your Attorney is paid to keep you out of prison or, at best, spend the least time “in prison.”
  • The Probation Officer will conduct their interview, draft the Presentence Report, and recommend your sentence and placement to the court based on your interview. Currently, all they know about you is the Narrative provided by the DOJ through their Indictment of you – this, you can change.
  •  The Prosecutor wants another conviction in his/her file. Currently, all they know about you is also the Narrative provided by the DOJ.
  • The DOJ wants Jail time.
  • But your Judge knows nothing about you – and only Your NARRATIVE can begin to change this, starting with 1st) Helping the Judge Understand Who You Are – and why You Deserve Leniency – Selling your Luxury Cars, Homes, and other stuff if You Have Financial Penalties, 2nd) What Changed in Your Life – That Caused You to Break the Law? 3rd) Invest In Yourself – You Can’t Change the Past, But You Can Change Your Future, start by writing your Story or Narrative.

2.     Your Attorney, until now, also knows nothing about your background, as their time is mostly spent on your legal defense.

3.     The Probation Officer will conduct your Presentence Interview and then write the official Presentence Report. But a week or so before your Presentence Interview, your attorney will provide your Probation Officer with your,

I. NARRATIVE,

II. REENTRY/RELEASE Plan and answers to the,

III. FSA SPARC-13 Assessment – ‘Questions‘, where appropriate, with the “Assessment Question” answers, included and woven into one document. This does not replace your ‘Interview,’ but it will help save the Officer some work (Sample Probation Presentence Interview Intake Form) while giving them time to know you before you meet in person. You also demonstrate to them that you have done your preparation.

  • Why be prepared with answers to the Assessment Questions? When you arrive at your 1st meeting with your Case Manager, these Assessments must be done and completed for your FSA Programs and Earned Time Credits (ETC) to be offered and then counted – without you taking the Assessment Survey, the programs cannot be offered.
  • During the interview, they can now ask questions and get to know you on a more personal level.
  • Some may appreciate your efforts and become advocates since they are overworked and have no time.

4.     The Prosecutor wants a conviction and only knows about you through the DOJ’s Narrative or your Indictment. Your Narrative may sway them, too.

5.     The BOP Designation Center in Texas places you into a BOP Prison without ever meeting you.

6. Your Probation Officer during Supervised Release. To date, all they know about you is the Narrative released by the DOJ through their Indictment. Your Narrative and Release Plan can change that and your life.

CLIENT PREPARATION: THE WORK YOU DO – IS ADVOCATING FOR YOURSELF

The Personal Narrative, Reentry-Release Plan, and answers to the SPARC-13 Assessment Questions (as you are expected to answer these questions when you first arrive, you might as well become familiar with them early), are written as one document and weaved into the Presentence Report when provided to your Probation Officer, a few weeks before your Presentence Interview.

Here the defendant has accepted responsibility, expressed remorse for the victim(s) pain, suffering, and how it has impacted them, and agrees with the court about the seriousness of the crime without minimizing it.

  • The caveat is that the defendant must put time and effort into writing their Narrative, Allocution, and Reentry Plan because their future depends on it being honest, pure, and from the heart.

PERSONAL NARRATIVE.

Writing your story through Your Narrative tells the Judge how you came to this point in your life. This is an arduous, self-reflective experience for you to go through, forcing a face-to-face with your innermost thoughts. This is your autobiography (of you and those around you), the good, bad, and the ugly. It may require you to enlist someone with federal sentencing mitigation experience to guide you in drafting your narrative, but this is the story of your client’s life and requires their participation.

  1. NATURE and CIRCUMSTANCE You want to include: 1) What led you to do this, 2) How did you get involved, and 3) What was your involvement? [check that your involvement reflects what is in the official Presentence Report].
  2. HISTORY and CHARACTERISTICS Here, you want to include 1) Your remorse, 2) How you ruined your victim’s lives, 3) Show what you’re doing to change and improve yourself regarding rehabilitation (NA, AA, GA, Therapy, etc.) and paying restitution – if you can, 4) Where there was a positive or negative family life – explain this, 5) Traumatic event – review with details, 6) Good things you’ve done, explain with examples, 7) Show Judge your Future Plans not to come back, and 8) Cooperation = Substantial Information that does not implicate another.
  • Taking weeks to months to complete can result in a distilled version of yourself that is honest and pure, where you feel Remorse, Accept Responsibility, and Identify with the Victims of the Crime You Perpetrated.
  • Mention if you have already started taking these before your Indictment or Presentence Interview (if applicable AA, NA, Gambling, or Sex offense) therapy and forensic (per your attorney, for example, Dementia, there is only ‘1’ Prison Nationwide with a very limited number of beds), therapy sessions.
  • If the resulting Narrative or Your Story – is quite the opposite of the DOJ’s Indictment Narrative, where you sounded like ‘America’s Most Wanted‘, you did a Great Job!

REENTRY/RELEASE PLAN EXAMPLE.  Include that you realize you need to learn from the FSA Risk Reduction Programs and implement their lessons into your daily life. Then expand on an appropriate theme, “Since my indictment, arrest, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process, I had the time to think about all that I have done. I made BAD decisions, except it shouldn’t be about ME – It’s about MY Victims, and What I did. This is most important, as I must Prove my Remorse and my Efforts to Change and Accept Responsibility for The Pain I caused to my victims, the community, my family, and myself. To the court, I do not want to be here again – I have learned a hard and humbling lesson.

If you are currently taking FSA Programs for AA, NA, Gambling, or a Sex Therapy Program, where applicable when released, you want to continue the Therapy and Rehab for AA, NA, Gambling, or Sex therapy rehab. sessions. State this in your Reentry Plan.

You also should refer to (or have) copies of your Social Security Card, Driver’s License (if expired, it needs to be updated with a new test likely), and Birth Certificate. You are also grateful to be moving into a home with a support structure where they will keep you accountable. While you have been self-employed in your career, you have a letter from a friend willing to hire you, “all I have to do is let them know that you are released, as they are expecting my call.” “As you see, the letter was also a character letter that I initially provided.”

At the same time, you can also plan to be self-employed again if your role was not part of your criminal charge. Then everything that goes into a traditional business plan, including what you would present to a bank, should be professionally (not handwritten, not expensive) put together, as your Probation Officer will want to see this during or before your Supervised Release.

ALLOCUTION.

You may begin by writing (in your own words) something like this…, “I am embarrassed and humbled to be standing here – since my indictment had the time to think about all that I have done, I didn’t recognize how BAD my decisions were, but Now I realized it’s Not About Me. It is about MY VICTIMS, What I did, and What I must do – to make it right.

Remember what Federal Judges think – We’re interested in introspection and how he/she has come to grips with the impact of their offense on others…

  1. “No punishment will be enough. If I could go back and change everything, I would.”
  2. I am persuaded that the defendant is sincere and demonstrates insight into the crime.
  3. Allocution is very important, “I’d like to have a conversation with the defendant.”
  4. I want him/her to apologize to the victim and their family, mainly if they are in the courtroom.
  5. “Allocution, however, changes this when I see the defendant has insight into the harm they have done,” when I see they have insight into this.”
  6. “I am looking for remorse and insight as to why he did what he did and what he is doing to ensure that it doesn’t happen again.

As you stand at your sentencing hearing, nervous, anticipating the conversation with your Judge (your Allocution), you may also realize that writing your narrative has been an ‘unexpectedly cathartic experience’. Speaking from the heart could influence the court and ‘may’ impact your sentence…

CHARACTER REFERENCE LETTER.

These are letters to one’s character; they know that you have broken the law and have known you for a long time. Should an employer be willing to write a letter that states they are still willing to rehire you after release from prison due to your ‘character and skills’ – that is a Great letter and should be included.

EXAMPLE. The ‘writer’ states that they know that you are in trouble and facing federal charges and that you feel terrible about what you did. They have known you for 40+ years, “We went to college together, and this is so out of character,” and you are so remorseful.

I know he/she won’t be back to this court because we will be looking out for them in the future and hold them accountable.

NOW, is your Client Better Prepared to Speak with Their Judge Regarding…What is the ‘1’ Thing that Differentiates Them from Everyone Else entering their Judge’s Courtroom?

If you found 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.

No alt text provided for this image

Marc, Dr. Blatstein

PPRSUS.com

DrMB@PPRSUS.com

240-888-7778

Personal Guidance In Drafting:

  1. The Components For A Comprehensive Presentence Report,
  2. Medical CARE LEVEL,
  3. Medication Availability,
  4. SPARC-13 Assessment Questions,
  5. Scoring: PATTERN, Criminal History,
  6. Character Reference Letters,
  7. Personal Narrative,
  8. Reentry Plan,
  9. Allocution

Please inquire about our group PowerPoint Presentation, which can be time and topic adjusted to meet your needs.

SENTENCING, YOUR JUDGE WILL WANT TO SPEAK WITH YOU. MAKE THAT A GREAT 1ST IMPRESSION

By inDr. M Blatstein's Blog

This video is for you. If you received a Target letter invitation to speak to a Grand Jury, you need Legal Representation. For a federal crime, it is best to have an attorney who practices federal criminal defense, having had cases similar to yours, and practices in federal court. After that, hopefully, you will have time for follow-up questions to see if he/she is the best fit for you.

Facing the Criminal Justice System is not easy. Are You Pre-Prepared?

 

Your attorney has taken you this far, The Rest Is Up to You.
Your Sentencing Hearing and Presentence Interview Is Coming, and Will Change Your Life.
Today, Are You Prepared to Speak to Your Judge?

Your Judge Sees a Lot of Defendants – How Do You Stand Out?

The Judge Knows that the Prosecutor wants to convict you, and your Attorney wants a lesser sentence for you.

  1. Help the Judge Understand Who You Are – And Why You Deserve Leniency
  2. What Changed in Your Life That Caused You to Break the Law

Your Judge Already Knows 
The DOJ wants you in Jail.
The Prosecutor wants to convict you.
Your Attorney is paid to keep you out of prison.
Judges Also Know That Crimes Aren’t Committed In A Vacuum.
This is Your Opportunity to Help Your Judge Understand Who You Are

Write Your Story, your Narrative that tells how you came to this point in your life, to the Judge.  This is an arduous, reflective experience for you to go through, forcing a face-to-face with your innermost thoughts, and may require you to enlist an outside mitigation expert to work with you, but you have to participate in doing the work. 

Federal Judge Mark Bennett highlights the significance of incorporating your personal account or Narrative into your Presentence Report. This will enable the court to understand your background and the factors that led you to commit the offense. Taking responsibility for your actions, expressing regret for the harm you caused, and speaking humbly from the heart are all imperative during your court appearance. Listen to my video, and help your judge understand who you are while challenging the DOJ INDICTMENT with your Personal NARRATIVE  included in your Presentence Report.

Taking weeks to months to complete, this can result in a distilled version of you that is honest and true, a version where you have Remorse, Accepted Responsibility, and Identified with the Victims of the Crime You Perpetrated.

  • The resulting Narrative or Story of you is quite the opposite of the one that the DOJ previously presented through their Indictment. As you now stand at your sentencing hearing waiting on the judge, you may also have an unexpectedly cathartic experience as a result of revealing all of your life through your writing.

Now, Are You Prepared to Speak to Your Judge?

CLIENT PREPARATION: THE WORK YOU DO – IS ADVOCATING FOR YOURSELF

The Personal Narrative, Reentry-Release Plan, and answers to the SPARC-13 Assessment Questions (as you are expected to answer these questions when you first arrive, you might as well become familiar with them early), are written as one document and weaved into the Presentence Report when provided to your Probation Officer, a few weeks before your Presentence Interview.

Here the defendant has accepted responsibility, expressed remorse for the victim(s) pain, suffering, and how it has impacted them, and agrees with the court about the seriousness of the crime without minimizing it.

  • The caveat is that the defendant must put time and effort into writing their Narrative, Allocution, and Reentry Plan because their future depends on it being honest, pure, and from the heart.

PERSONAL NARRATIVE. Writing your story through Your Narrative tells the Judge how you came to this point in your life. This is an arduous, self-reflective experience for you to go through, forcing a face-to-face with your innermost thoughts. This is your autobiography (of you and those around you), the good, the bad, and the ugly. It may require you to enlist someone with federal sentencing mitigation experience to guide you in drafting your narrative, but this is the story of your client’s life and requires their participation. Listen to this video regarding your Narrative.

  • 18 U.S.C. § 3553
  • Judges
    • Look for WHY and HOW the incident happened –
    • Did they have PTSD
    • People don’t commit crimes in a vacuum – therefore
      • It’s important for the Judge to Know ABOUT the Person
      • Before they pass judgment
    • NATURE and CIRCUMSTANCE You want to include,
        1. What led you to do this, 
        2. How did you get involved, and 
        3. What was your involvement? [check that your involvement reflects what is in the official Presentence Report].
    • HISTORY and CHARACTERISTICS Here, you want to include,
        1. Your remorse, 
        2. How you ruined your victim’s lives, 
        3. Show what you’re doing to change and improve yourself regarding rehabilitation (NA, AA, GA, Therapy, etc.) and paying restitution – if you can, 
        4. Where there was a positive or negative family life – explain this, 
        5. Traumatic event – review with details, 
        6. Good things you’ve done, explain with examples, 
        7. Show Judge your Future Plans to not come back and 
        8. Cooperation = Substantial Information that does not implicate another.
    • Include if Applicable,
        1. FAMILIAL HISTORY: Married – Children – parents’ responsibilities and sole caregiver
        2. DEFENDANT’S PHYSICAL CONDITION: Medically documented bad Back-Hip-Knees-Shoulder could provide you with a Bottom Bunk. Diabetic, Vascular Disease, Raynaud’s could allow the Medicare soft shoe or sneakers.
        3. MEDICAL/PHYSICAL HEALTH, MENTAL AND EMOTIONAL HEALTH: Include ALL medical records, Labs, Surgery Reports, X-ray – CT-MRI-Ultrasound-Pet Scans (in Written and CD Format), Prescriptions for medications (Check Generic Medication Availability), and medical devices, along will ALL physician contact information.
        4. SUBSTANCE ABUSE: Alcohol, Drug (Legal or Illegal), within the previous 12 months before the arrest. RDAP allows up to 1 year off the sentence. They may do a Urine test.
        5. EDUCATION AND VOCATIONAL SKILLS: Copied of the highest level. Otherwise, a GED will be required in prison. If you have experience in/with computers, administrators frown on these skills, so you may want to consider not using them.
        6. MILITARY: Copies, branch, discharge?
        7. EMPLOYMENT: The PO will check. Judges love an excellent work record/history.
        8. STATEMENT FINANCIAL RECORDS: If there are financial fines/restitution, Congress and The BOP now require a Financial Responsibility Plan to benefit from all Earned Time Credits and access to Programming. Therefore, if the events allow, counsel could ask that the court write into the record that payments should only start after release from the BOP.

RELEASE PLAN. Include that you realize you need to learn from the FSA Risk Reduction Programs and implement their lessons into your daily life. Then expand on an appropriate theme, “Since my indictment, arrest, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process, I had the time to think about all that I have done. I made BAD decisions, except it shouldn’t be about ME – It’s about MY Victims and What I did. This is most important, as I must Prove my Remorse and my Efforts to Change and Accept Responsibility for The Pain I caused to my victims, the community, my family, and myself. To the court, I do not want to be here again – I have learned a hard and humbling lesson.

If you are currently taking FSA Programs for AA, NA, Gambling, or a Sex Therapy Program, where applicable when released, you want to continue the Therapy and Rehab for AA, NA, Gambling, or Sex therapy rehab. sessions. State this in your Reentry Plan.

You also should refer to (or have) copies of your Social Security Card, Driver’s License (if expired, it needs to be updated with a new test likely), and Birth Certificate. You are also grateful to be moving into a home with a support structure where they will keep you accountable. While you have been self-employed in your career, you have a letter from a friend willing to hire you, “all I have to do is let them know that you are released, as they are expecting my call”. “As you see, the letter was also a character letter that I initially provided.”

At the same time, you can also plan to be self-employed again if your role was not part of your criminal charge. Then everything that goes into a traditional business plan, including what you would present to a bank, should be professionally (not handwritten, not expensive), put together, as your Probation Officer will want to see this during or before your Supervised Release.

ALLOCUTION. You may begin by writing (in your own words) something like this…, “I am embarrassed and since my indictment, I’ve had the time to think about how I have damaged so many (victims) and I am 100% responsible. I was raised to do the right thing, and I brought this on myself facing my demons is humbling and I owe it to the victims, community, and my family to make things right. 

I have looked into the FSA programs that may help like Threshold Program, a non-residential faith-based, and I’ve already started AA.  I understand that it is about my victims, and for me to somehow make it right – even with my medical license being debarred, this is something that I must do.

 

  1. “No punishment will be enough. If I could go back and change everything, I would.”
  2. I am persuaded that the defendant is sincere and demonstrates insight into the crime.
  3. Allocution is very important, “I’d like to have a conversation with the defendant” …
  4. I want him/her to apologize to the victim and their family, mainly if they are in the courtroom.
  5. “Allocution, however, changes this when I see the defendant has insight into the harm they have done,” when I see they have insight into this.”
  6. “I am looking for remorse and insight as to why he did what he did and what he is doing to ensure that it doesn’t happen again.

As you stand at your sentencing hearing, nervous, anticipating the conversation with your Judge (your Allocution), you may also realize that writing your narrative has been an ‘unexpectedly cathartic experience’. Speaking from the heart could influence the court, and ‘may’ impact your sentence…

CHARACTER REFERENCE LETTER. These are letters to one’s character, they are aware that you have broken the law, and they have known you for a long time. Should an employer be willing to write a letter that states they are still willing to rehire you after release from prison due to your ‘character and skills’ – that is a Great letter and should be included.

EXAMPLE. The ‘writer’ states that they know that you are in trouble and facing federal charges and that you feel terrible about what you did. They have known you for 40+ years, “We went to college together, and this is so out of character,” and you are so remorseful.

I know that he/she won’t be back to this court because we will be looking out for them in the future, and we will hold them accountable.

Now… Do You Feel More Prepared to Speak with Your Judge?

My 30+ years in practice, and experience in the BOP, have provided me with the answers to almost all of your questions and concerns about how to craft your Sentence Mitigation Strategy.

For Free,

  • On my website, YouTube channel, Podcast, and various other social media venues you may find the tools you need to do this on your own.
  • Whether using these free services, or engaging me, or someone else, please get experienced assistance.
    • This will impact your future through your Presentence Report and will influence the actions of your Judge (Your 1st  STAKEHOLDER), and
    • Other STAKEHOLDERS as you move through the prison on your pathway home.

Once you are incarcerated, expect that life in The Federal BOP will come with,

  • Promises are made and broken, timelines are not kept, and sometimes rules are broken.
  • Having been in prison, despair, discomfort, frustration, and the like will become all too frequent and familiar, but this is all Temporary.
  • Therefore the only person who can control your reactions to all of this, and this person is you, so work at keeping positive and humble, focusing your efforts on the goal of getting home.

Remember that no consultant or attorney, can promise any special relationship with any judge, or any outcome – if it sounds too easy or too good to be true, then Next. This takes hard work, and Self-Advocacy on your part.

Let’s take the next step together and answer your questions. Marc 

OUR SERVICE

I) PREPARATION

    1. The first Expert You Need is a Federal Criminal Defense Attorney who practices in Federal Court. Next, they should be experienced in working cases similar to yours, and most importantly, You Should Feel Comfortable with them accepting advice from you, as you hold each other accountable.
    2. Personal Narrative. Your only opportunity to speak directly to the Judge and share your personal history, accept responsibility, and remorse, and explain why you will not revisit this courtroom again. This can be in written, video, or both formats.
    3. Allocution. This is the Judges 1st and only time to meet and speak with you – he really does not want to see you back in this courtroom on a criminal matter, again. 
    4. Release/Reentry Planning 
    5. Preparation for Early Release
    6. Pre-Surrender Reminder List 
    7. Self-Surrender List (What You Can Bring) 
    8. Financial Responsibility Program (FRP). Guidance as to what makes a great Character Letter Recommendation – From People That Have Known You.
    9. Character Reference letters
    10. Preparation for The Sentencing Hearing
    11. Preparation for Your Presentence Interview
    12. Preparing for your 1st Day In Prison
    13. Sentence Mitigation Video (Helpful, this can be professionally done with us, or with a smartphone)
    14. Instructions on the Administrative Remedy Process, as the BOP encourages its use, and attorneys will not be inside with you.
    15. BOP Visitor Form
    16. BOP TRULINCS Email
    17. Sample BOP Commissary List
    18. BOP MEDICAL INTAKE SCREENING UPON ARRIVAL
    19. Sample BOP INMATE ADMISSION & ORIENTATION HANDBOOK

How To Avoid A Medical CoPayment.

II) SCORING 

  1. Public Safety Factors vs Management Variables (Approximate),
  2. Criminal History vs Offense Level (Approximate)

Your Probation Officer will be scoring you, it makes sense that you be prepared, as this could impact your sentence and placement.

III) PREPARATION For Your Presentence Interview and optimal BOP Placement Facility with supporting BOP Programs

The Presentence Interview is done by the Courts Representative, The Probation Officer (PO), who will try to learn as much about your as they can – in a short period of time. After they have spoken with The Prosecutor and Googled You, they will have learned all of the Negative Information available online, provided by the DOJ. Then they will concentrate on conducting their Presentence Interview of you, followed by their Investigation.

After they have assembled your biographical background information, they will write your official Presentence Report, and passed to the Judge, along with recommendations regarding your sentencing and placement.

  1. First, your legal team is currently prepping for the date of your Presentence Interview.
    • They work to establish 1st contact with your Probation Officer (PO) before they learn more about you, so they are not biased against you – before you ever meet,
    • They will quickly learn 1) what the Officer knows, 2) provides the opportunity to explain their client’s defense strategy, 3) you now have a timeline regarding The Interview Date, along with the Documents you need, and 4) The Dictation Date Deadline – which is when their final Presentence Report of you is due to their supervisor.
  2. You begin to assemble your Biographical Information
    • Highest education level achieved
    • Identification documentation
    • Character Letters
    • Past and First Work Character Letters
    • Military Service, what branch, type of discharge, and highest rank.
    • Past Medical (and Mental Healthcare) Care History
      • Comprehensive Medical and Mental Healthcare Profile Development 
        • Mental Healthcare needs directly matched to FSA Specific Programs
        • Your Medication list checked for availability according to the BOP 3 Tier Formulary
  3.  Pregnancy:
  4. RDAP Eligible, if yes – include it, there are minimal negative repercussions.
  5. 18 U.S. Code § 3553 – The imposition of a Sentence, addressing other factors could be considered.
  6. COVID Modified Operational Levels (BOP.gov): for those concerned who are self-surrendering 2022/2023
  7. Also, answering the question regarding, who listens to the ‘AM’ Radio Station: W.I.I.F.M., all the time?
  8. I provide you and your legal team with; 1) a personalized, court-ready BOP Placement Packet, and 2) supporting reasons for the request, with the appropriate documentation; Medical Care, First Step Act Programming, or other pertinent issues. (Example – Alderson)
  9. A Surrender list of what to bring, and a Pre-Surrender Checklist of what to prepare for you and your family

IV) Our Presentence Investigation Report

We can also provide an “alternative presentence investigation report” for the defense so that it can be submitted to the court for consideration. This may also include the expense of additional experts.

V) When To Make Your BOP PLacement Request To The Court 

  • JUST BEFORE SENTENCING, or
  • WITH THE SENTENCING MEMORANDUM, or
  • IF THE TIMING WAS RIGHT – AT YOUR PRESENTENCE INTERVIEW
  • AT SENTENCING

Learn CPR – Save Lives – Hands-Only (30 sec)

It could be yours, a friend, a stranger, or a relative.

 

If You Suspect You’re The Target of a Federal Investigation | Before The Presentence Interview (PSI) | After The PSI – But Before The Sentencing Hearing | or After Sentencing or You’re Already Incarcerated – There Are Still Things – At All Levels, We Can Do

We are not Attorneys, you need legal representation.

There is no implied or otherwise guaranteed final prison placement, medical and medication availability, or program enrollment.

MORE THAN WHISPERS – Target #1: The FBI’s Coming

By inDr. M Blatstein's Blog

MORE THAN WHISPERS – You’re Target #1: The FBI’s Coming

If the Rumors and whispers that the FBI is poking around are true…

I’d take that seriously.

HELLO AND WELCOME. MY NAME IS MARC BLATSTEIN, AND I AM THE PHYSICIAN WHO FOUNDED THE PHYSICIAN PRESENTENCE REPORT SERVICE

You’re Now The Target of The FBI – What Are Your Options?

If you’re hearing FBI whispers,

Start interviewing attorneys, ask questions, get references, and ask to see several Sentencing Memorandums written for previous clients with similar legal challanges

Then, be honest with your attorney and yourself regarding your case. This is not a trick question, as it’s taken me time to see how I was at fault. Your attorney doesn’t want surprises because you are the only one who suffers.

 

PSI Preparation is crucial – You Are your best and only Advocate

Ask yourself long before your presentence interview:

•        Do you have confidence in your defense?

•        Do you need additional team partners who are specialized in, Sentencing Mitigation, Allocution, Personal Narrative and Reentry Release Planning and Advocacy

 

If Not,

·       There are No Redo’s ⇒ this is Your Future ⇒ Speak up now

 

PREPARATION and SELF-ADVOCACY are CORE VALUES

PREPARATION:

Attorney Interview, Working together – must be a Joint Project

  • Decision #1: Trial or Plea

PRACTICE Role Playing: Your Allocution and Your Attorney’s Statement for the Sentencing Hearing

The Memorandum will be given by your Attorney

  • Your Presentence Interview (PSI)

Your Narrative is weaved into your conversation with your PO for placement into your Presentence Report (PSR), which is now complete.

 

SELF-ADVOCACY:

•        Relies on the skills that made you successful, some being “Self-Motivated”

•        At your Attorneys request, your Personal Narrative was included in Your PSR

•        Reentry Planning

•        Sentence Mitigation Strategies are employed before Sentencing and During Incarceration

 

YOUR PREPARATION

  • Working Together With Your Attorney At Every Stage

 

1st) Be honest with your attorney about everything – Plea or Trial – Nobody wants surprises

 

2nd) Your PSI needs to include everything about you.

In addition to all your Biographical Background information, Medical, Character References, Education, Legal, Etc.

Your attorney has connected with your PO before your Interview to get a “pulse” on how much they know, to present their case/defense strategy, and learn the date the PO must have their final PSR completed and submitted to their supervisor.

  • RDAP (if applicable): Include it now, because if it is not there, and you need it later to reduce your time, that may be a big lift.
  • Compassionate Release (medical issues, transplant, medications (physician testimony)
  • FSA Programs, your attorney will be able to review or know your PSF, and if any of the applicable programs apply;
  • Your Personal Narrative needs to be finished before your interview so;
    • That you know it, cold, and discuss it in 1st person with your P.O.
    • It should be able to be, copy-pasted directly into the P.O., Presentence Report
  • This Is  Your Story: In Written and/or Video Format

3rd) Time must be allowed for the development of your Personal Narrative.

4th) The PSR is Now Complete and should Include all the Above, including your Personal Narrative – which Judges want to see.

 5th) Time is spent practicing your Allocution for your sentencing hearing with your attorney.

1.     If the Judge is aggregable, due to your allocution, they may Depart below the guidelines

2.     If RDAP is applicable (it’s referenced in your Presentence Report) now, your attorney can ask for it to be put into the order, and if the judge agrees, then

3.     Politely, also request for 1 specific BOP prison, based on a specific BOP program (camp eligible < 10 years), also to be put into the order.

  • Additionally, if the BOP is unable to make the placement, could they inform the court why, in writing?

 

SELF-ADVOCACY  Allocution – Your Personal Narrative

Federal Judges Have Their Say

THE FEDERAL LAWYER • September/October 2019, VIEWS FROM THE BENCH, Own the Mistake and Demonstrate Sincere Remorse

Judge Richard G. Kopf of the District of Nebraska,

Judge Jon D. Levy of the District of Maine in Portland,

Judge Patti Sarris of the District of Massachusetts

Judge Cynthia A. Bashant;

Judge Morrison C. England Jr;…one of the biggest mistakes defense lawyers can make is not having their client answer the question…

Judge Lawrence C. O’Neill,

Judge James K. Bredar—says he comes out on the bench with a sentence already in mind. “Allocution, however, changes this when I see the defendant has insight into the harm he has done.”

NACDL, The Champion • March 2011, Heartstrings or Heartburn:  A Federal Judge’s Musings On Defendants’ Right and Rite of Allocution,

Judge Mark Bennett: A Good Allocution Can Be Beneficial

 

Here’s what Federal Judges Want To Hear

We’re interested in a defendant who has the capability of introspection and who has come to grips with the impact of his offense on others

 “No punishment will be enough. If I could go back and change everything, I would.”

I am persuaded that the defendant is sincere and demonstrates insight into the crime.

Allocution is very important, “I like to have a conversation with the defendant,”…

I want him to apologize to the victim and his or her family, particularly if they are in the courtroom.

“Allocution, however, changes this when I see the defendant has insight into the harm he has done,” when I see the defendant has insight into the harm he has done”

 “I am looking for remorse and insight as to why he did what he did and what he is doing to make sure that it doesn’t happen again.

“It’s very important that lawyers prepare a client for allocution, even if they have gone to trial and do the job that they are retained to do.”

Start paying restitution, even $25/mo, and don’t show up at court in a $900 luxury car.

 

You’re Now The Target of The FBI

You Have A Choice

PREPARATION FOR A SUCCESSFUL LIFE AFTER RELEASE

Marc
240.888.7778
Physician Presentence Report Service

No matter where you are in The Process, there are things we can do.

* No Physician,  Attorney, or Consultant can promise any outcomes.

Take Ownership of Your Defense – What Happens When You Don’t

By inDr. M Blatstein's Blog

Take Ownership of Your Defense – What Happens When You Don’t

I wanted to do this podcast regarding a phone call that I had earlier this morning. Someone who has a disease and is on medication., and yet his attorney had not prepared all his medical records – or any of his medical records for his PSR and sentencing hearing.

Speaking with him this morning, I was taken aback to learn that he had already been sentenced. Here I was trying to ask questions and learn how it was he was sentenced with an incomplete pre-sentence report. – That didn’t make any sense.

But, if the information I learned was accurate, his presentence report was incomplete.

The person’s main concern was that his medication did not appear available on the BOP online Formulary. Initially, I must give credit to this gentleman and his wife (who is in school to be a nurse practitioner). They recognized that the medication was not on the formulary, which is not easy to figure out – it is a complicated table.

As he was to surrender in the next 45-60 days, my recommendations were to meet with his treating physician to:

·        Get copies of “all” his records

·        Copies of his prescriptions

·        Review the BOP Formulary with his physician to see if there were any acceptable medications to substitute.

·        If Yes, he needs to get a copy of this new notification regarding a medication change, due to the BOP Formulary

  • Get a hard copy of the prescription and fill it.

·        If No, and this is a Continuity of Care and/or life-threatening issue, then appearing in court at the Sentencing Hearing is preferred, as Judges would usually like to question the Specialist. The challenge – he has already been sentenced, so I suppose he will call me back…

While I hope this Case Is rare, it points out that every defendant must take ownership of all aspects of their defense once they’re indicted.

Then, Be honest with yourself (and your attorney) regarding the case’s facts, and start interviewing attorneys.

·        Ask for referrals to speak to some happy clients, then.

·        Ask to read some of their sentencing memorandums in cases like yours.

·        The goal is to see if they’re the same or if each is individualized – In the same Criminal defense space.

·        If the attorney says this is private information, which is understandable, agree and then request that they block out all personal information.

Then you just can’t assume that the attorney is going to do everything right – which is why I am doing this podcast.

  • This must be a partnership with your attorney.

 So, what does that mean? This partnership extends into preparation for the pre-sentence interview. Which will impact your future.
The short version is that the probation officer’s responsibility is to Interview you., Investigate, and then draft the Presentence Report (PSR).

  • They then provide your PSR to the judge and their recommendations for your sentence and placement.

Part I) So, how do you take Ownership?

First. Your attorney reaches out to learn who your probation officer is, and then contact them.

Assume that the probation officer has Googled you &/or spoken to the prosecutor. Because if they have, then they may already have a bias Against you,

Why, because the Justice Department has already released all the information about you that makes you look horrible.

1st           So this first step by your attorney reaching out to the PO, Sets the Tone 

  • For Your Defense, it allows them to hear from
  • you first before they’ve been 
  • tainted by others’ perceptions of who you are. 

This allows them to make their case regarding their defense strategy, on the record – to the PO. This is followed by a very organized, detailed letter that details this strategy.

They will also Ask the probation officer:

  • what documents they will need at the time of the interview.
  • What date is best for them to do the pre-sentence interview?
  • And what is their final dictation Deadline date to have their official pre-sentence report due to their supervisor?

2nd          Review with your legal team that all the information you have collected, to ensure all your background information is available and accurate

3rd         The PO has scored your Public Safety Factors (PSF), Management Variables, Criminal History Score, Offense Level (current charges), 

  • Be prepared, so should you and your attorneys

4th          RDAP Eligible, Then INCLUDE It. I didn’t, and I stayed a bit longer inside…

5th          Don’t try for a CARE LEVEL III or IV unless it is required because it houses both violent and non-violent offenders
Part II) So how do you take Ownership?
You, as the defendant has jobs. 

1st           You must collect All of your biographical background information.

Copies of all your medical and mental healthcare records and your physician’s contact information (name, Phone number, address, e-mail.)

Copies of all surgery reports, medication prescriptions, and medical devices. 

·        If you’ve had any hospitalizations, copies of those records.

·        If you’ve had any sort of laboratory blood test, copies of those, or X-rays, CT scans, MRI scans, PET scans, or ultrasounds, all of those will have reports associated with them. You need to get copies of everything. 

  • You should also get them on CDs. 

·        While you’re doing this, it’s been my impression that most people don’t have a copy of their medical records. Therefore, it would be simpler if you asked for two copies of everything from each provider of all these documents. 

Next, you will have to get copies of your birth certificate, driver’s license, Social Security card, and passport.

Also, the highest level of education that you’ve achieved, if you’ve been in the military, what’s the highest rank you had, and what type of discharge? Any certificates – include them.

 

Character reference letters. 

Those writing character reference letters (or references about your character) must include that they know you’re facing a criminal charge. 

  • They should reference good deeds that they have seen you do, tutoring, and volunteering. 
  • It also could be letters from former employers who say they know you are willing to rehire you. A VERY BIG DEAL

 2nd          Your Personal Narrative – takes work, and starts with writing your life story, the good, the bad, and the ugly. 

  • If it starts a book, great, it will be re-written, multiple times and distilled until it represents 

·        You- YOUR REMORSE TO THE VICTIMS – HOW YOU GOT TO THIS POINT = NOT TO BE REPEATED

 

3rd          Reentry Planning: Starts now, extending through the prison, RRC, and supervised release

When I was sentenced – I WAS UNPREPARED

This is why I was concerned during this conversation, and my recommendations were simple:

·        Meet with your doctor and let them review the BOP Formulary Drug List for a substitution

  • Get copies of all of his medical records, lab tests, surgery reports, physician contact information, and all of the X-Rays, CTs, MRIs, Ultrasounds, and any other scans both in a report form and on CDs
  • Put them in a big envelope, labeled legal mail for his surrender

·        Don’t forget about Your Personal Narrative and Allocution

 

This is why it’s important to participate in your defense – I sympathize with those who like me, are “The deer in Headlights.” But the “Symbolic Act” of participating in your defense, that “taking back Control” will begin to slowly build the Confidence back that made you the success that you are

REMEMBER – THIS IS TEMPORARY
Dr. Blatstein
240.888.7778

Healthcare, You’re The Target – DOJ and HHS White-Collar Task Force

By inDr. M Blatstein's Blog

DOJ and HHS Enforcement White-Collar Task Force
You suspected that you were an FBI Target, but just not convinced, 

First, is getting a great WHITE-COLLAR criminal defense attorney, whom you trust, then you have,
Two options; Trial or Plea.

·        Trial (or Plea): The costs could easily exceed $100, 000 ++

·        Trial: While the goal is to win, understand that should you lose,

·        Here The US Attorney will request a longer sentence (payback!) –

·        But if you and your attorney are Confident – Stay Strong!

GUILTY

The probation officer controls your future. They conduct your interview, draft the presentence report, and can sway the court regarding your sentence length and placement.

Preparation for your Presentence Interview (PSI) cannot be overstated, your future depends on it.

·        First contact. After “guilty”, it’s helpful for your attorney to

·        connect with your Probation Officer, to

·        learn the date for their “dictation deadline”, which is the date that their Presentence Report (PSR) draft is due to their supervisor,

·        plus the date for your interview.

  • This provides the opportunity to get your ‘message’ to the officer
  •  before they speak with the prosecutor or
  •  Read online, which is biased against you.

·        Generally speaking, when working with the probation officer, a little extra effort goes a long way.

  • Consider presenting your entire view of the case, clearly in a letter to the PO as soon as possible.
  • If you feel the PO is receptive to a variance, this may be key to convincing the court to consider a sentence below the guideline range.
  • Consider presenting your entire view of the case, clearly in a letter to the PO as soon as possible – getting your message “on the record”.
  • As Probation Officers are very busy, doing their best, and never have enough time, they may actually appreciate your efforts in easing a portion of their workload,
  • Remember, a little thoughtful effort does go a long way.

The Probation Officer (P.O.) will write the official Presentence Report (PSR), and with it,

·        The Judge will determine the length of your sentence.

·        The Bureau of Prisons Administration uses the same PSR to place or designate you in a prison.

  • Your Unit Team, Case Managers, Psychologists, and Medical will refer to it throughout your stay.
  • Visitation is determined by it

 

Are you happy about the DOJ Narrative Story they have released to Google about you,


No,

Then start working on your

Personal Narrative, it’s your chance to explain your narrative to the Judge.

1st. Express remorse for the victim(s), understanding their pain, suffering, and how it has impacted them.

2. Agree with the court as to the seriousness of the crime, without minimizing it. Expand on this topic

3. What in your life brought you to this moment, what happened that caused you to do this?
a. You can expand on this, with salient points from your childhood, while,

·        Get feedback from a consultant, attorney, or someone with this skill

·        If there was a “trigger,” what was that trigger, and how do you remove it from your life?

·        It will be a slow start, but when complete, you will be a different person, with a unique Personal Narrative or Story to tell directly to the Judge.

·        It is now Your Story, Unique and Honest.

4. What has this experience taught you? Did it bring up moments from your past?

5. Explain to the Judge that you have a plan (ONLY IF YOU DO) to start making this right with those you have victimized

6. What is your plan to never re-offend, and you will NEVER Be Back Again In Their Courtroom? 

Meanwhile, you have been,

1.     Collecting copies of your medical records

·        Hospital, laboratory, radiology, physician, surgical, prescription, and medical devices.

·        As all of these take time, medical practices are also very busy – so don’t wait.


2. Other records:

·        Educational, military, character, community service, work references, original birth certificates, social security card, license, etc, and, you get the picture.


3. Of significance to your life in the BOP;

·        Bottom Bunk: Past medical history of Tinnitus, vertigo, or back problems.

·        Diabetic Soft Shoes, Sneakers Instead of Rigid Institutional Boots: Past medical history of a torn Achilles heel, knee, or hip issues

·        Being of a certain age / Having weight, or a Hernia issue: could result in getting passes of “no standing for prolonged periods” and/or “no lifting over 15 pounds,” helping you escape some of the crappier work assignments.

·        “Medical idles,” which get you out of everything, are also available, either short or long-term, for various ongoing ailments (ranging from a bad hip to PTSD).

 

Once the PSR is done, these can/should be checked for accuracy

PREPARATION: The PROBATION INTERVIEW (FORM) starts out with; can you explain what happened, and then follow a format similar to this outline, which could include:

VICTIM IMPACT: The chance for victims to speak

OFFENSE CONDUCT STATEMENT: Review for accuracy

USSC CRIMINAL HISTORY: A scored calculation based on criminal history

USSC OFFENSE LEVEL/CONDUCT: A scored calculation based on your current charges.

OFFENSE LEVEL/CONDUCT VS CRIMINAL HISTORY

PUBLIC SAFETY FACTORS vs MANAGEMENT VARIABLES: BOP placement guidelines

OFFENDER CHARACTERISTICS: Through conversation, the officer learns who you are. Saying nothing leaves ‘all’ including the court to believe what the DOJ has released to the press is 100% true. If Not, THEN THIS IS YOUR TIME TO TO WRITE YOUR STORY/NARRATIVE AND PROVIDE YOUR PERSPECTIVE

FAMILIAL HISTORY: Married – Children – parents’ responsibilities and sole caregiver

DEFENDANT’S PHYSICAL CONDITION: Medically documented bad Back-Hip-Knees-Shoulder could provide you with a Bottom Bunk. Diabetic, Vascular Disease, Raynaylds could allow the Medicare soft shoe or sneakers.

MEDICAL/PHYSICAL HEALTH, MENTAL AND EMOTIONAL HEALTH: Include ALL medical records, Labs, Surgery Reports, X-ray – CT-MRI-Ultrasound-Pet Scans (in Written and CD Format), Prescriptions for medications (Check Generic Medication Availability), and medical devices, along will ALL physician contact information.

SUBSTANCE ABUSE: Alcohol, Drug (Legal or Illegal), within the previous 12 months before the arrest. RDAP allows up to 1 year off the sentence. They may do a Urine test.

EDUCATION AND VOCATIONAL SKILLS: Copied of the highest level, otherwise a GED will be required in prison. If you have experience in/with computers, administrators frown on these skills, so you may want to reconsider using these.

MILITARY: Copies, branch, discharge?

EMPLOYMENT: The PO will check. Judges love a good work record/history

STATEMENT FINANCIAL RECORDS: If there are financial fines/restitution, Congress and The BOP now require a Financial Responsibility Plan to benefit from all Earned Time Credits and access to Programming. Therefore if the events allow, counsel could ask that the court writes into the record that payments should only start after release from the BOP.

·        Financial Responsibility Plan (FRP). If you have a hefty fine or restitution, and money is a problem, the BOP ‘FRP’ Program requires participation. If you refuse, this could hinder your involvement in PATTERN Programs’ efforts towards early release and Halfway House along with restricting some of your commissary use.

It may help if your attorney could ask the judge to write into the order, that the defendant does not have to participate in the Financial Responsibility Plan until after they are released from the BOP, as they have a job and will then be able to make payments at that time.

Otherwise, be proactive, and at your first team meeting, offer what you can ($0.00/month) towards your FRP account. Be aware that at your next team meeting, they will know exactly how much money you have spent, and it’s too early to create a bad – first impression.

12/17/2022, I learned today that a Judge recently put into their “Order”, that the defendant has to pay $25/quarter.


ADDITIONAL DOCUMENTS THAT LIKELY WILL BE NEEDED

·        Birth or baptismal certificate

·        Divorce decreeDraft registration card Immigration papers or passport

·        Employment verification (pay stubs)

·        Income tax reports for the last three years

·        Letters of (CHARACTER) recommendation

·        Marriage certificate Car registration papers

·        Medical reports (if presently under a doctor’s

·        Military disability information (C-number)

·        Military discharge certificate

·        Naturalization papers

·        Professional papers (COPIES: Social Security Care, Drivers Lic., certificates, licenses, or Seaman’s papers permits)

·        Proof of residence (rent receipts, property and Union, lodge, or club cards mortgage papers, etc.)

·        School diplomas


OFFICIAL PRESENTENCE REPORT REVIEWED FOR ACCURACY – BEFORE SENTENCING HEARING

 

But even if all things are done right, the Judge may still not change your sentence and placement – even so,

Your Narrative is now part of your Reentry Planning – helping you through the BOP, FSA Programming, and into Halfway House as you work towards early release