Criminal Defense Attorneys

As Criminal Defense Attorneys, you know the law,

Let us help in developing the background for your client’s PSI, along with providing options for the most appropriate BOP Placement Request to the court, as some Judges ‘do’ look for direction, The Federal Lawyer 9/2017.”

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For a consultation without any obligations on your part, Dr. Blatstein is easy to reach and returns all of his calls – personally: 240.888.7778, or info@PPRSUS.com.

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Attorneys Prepare your client for the Presentence Interview

Then, providing this information to the probation officer, allows you to develop a relationship, which may result in getting your message “on the record,” and into The Presentence Report (Blatstein et al., 2021, p 43-51).

Next, when criminal defense attorneys are presenting their BOP placement request, we support it by referencing the BOP’s own Policy Manuals and Program Statements, and how they apply, individually to your client. Additionally:

  1. Judge Scola:attorneys should emulate their death penalty colleagues and advise“; 
    • Don’t wait to think about sentencing advocacy.” 
    • In other words, since 99 percent of one’s federal criminal clients will be facing sentencing, start preparing the case for sentencing early on.”.”
  2. If time allows before The PSI, and should this example be applicable, suggest your client join one of these FSA (Type) programs before sentencing: Alcoholics Anonymous (AA), Narcotics Anonymous (NA), or
  3. Proactively request placement, should your client’s specific need be reflected in an FSA Program, note:
    • Some programs may be unavailable, overcapacity, or available at another institution, or
    • Like the Brave Program
      • 1) There is limited availability, 2) and they are Security Level Dependant.
      • Specifically, The BOP BRAVE program is developed for young males to help them adjust to federal prison for the first time, should they find themselves facing a Medium Security Prison, for a term of 60+ Months.
    • There are other ‘specific’ programs that could be of benefit. These FSA Programs  
      • Evidence-Based Recidivism Reduction (EBRR) Programs, 
      • Productive Activities (PA
  4. Security Scoring, reviewed.  
  5. Offense Level vs Criminal History, reviewed.  
  6. Medical and Mental Healthcare, matched per their CARE LEVEL I-IV Structure, reviewed.  
  7. Medication availability, although provided through their 3-tier Formulary, is reviewed before their PSI.  
  8. Accepting Responsibility may allow a 2-level reduction in offense level.
    • They may also receive a 3-level reduction in the offense level if
      • 1) the offense level of 16 or higher,
      • 2) the prosecution is notified of his/her intent to plead guilty, and only if the prosecutor agrees to file a motion that states that the defendant meets the criteria for the additional level.

COVID-19, Unfortunately, is still here as it transitioned from a Pandemic to an Endemic.

  • Yes, we are all tired of it!
  • Omicron BA.5 though is still a reality.
  • ICU admittance and deaths have been “lower than during previous pandemic peaks,” according to a CDC report this past January 2022.
  • Protection recommendations are still unchanged: get vaccinated and boosted, because if more people are fully vaccinated, it decreases the opportunity for the virus to spread and mutate.
  • Its lethality to those incarcerated, as it is a closed system should be taken seriously, being we are currently in the summer of 2022 and are all outside. The fall/winter 2000/2023 will tell us…
  • COVID is still an active area of investigation.
  • For those who are, or are likely to become Post-COVID Long-Haulers,
    • I do not believe any prison, (state, or federal) will be able to provide the needed medical care, as this specific type of care appears to fall outside of their mission capabilities.
      • These facilities do not have the specialized trained staff, equipment, the amount of one on one ‘patient/inmate’ staff time as well as finances to provide these ongoing services.
      • BOP FMC, while the hospitals of the BOP, if history is our guide, may not be up to the task.
  • Masks still provide physical protection against aerosolized COVID particles.
  • Currently, vaccines (while not 100% effective in preventing COVID) are our best protection against hospitalization and death.
  • Antivirals possibly may be a game-changer; but it’s anyone’s guess, if or when they even could be available to those incarcerated. 
  • Additional reasons why these are important:
    • The families of inmates along with the BOP Correction Staff can spread COVID-19 back into their communities.
    • Federal Prison Workers Warn Of Dangerous Staffing Crisis, Feb 17, 2022, NBC News’ Vaughn Hillyard spoke to current and former guards working at federal prisons in Florence, Colorado, and described a dangerous staffing crisis.
      • Many have been required to work 16-hour shifts repeatedly after an exodus of staff due to poor working conditions and low pay.

How COVID Spreads and Prevention of COVID | Airborne Transmission

  • This 20-minute video is worth the listen.

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Compassionate Release

Published in The Federal Docket, Updated 9/27/2021 by the criminal defense lawyers at Pate, Johnson & Church, here they provide 12 successful Compassionate Release option case examples, by category.

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Federal Criminal Defense Attorneys recommend their client’s personal narrative;

  • “Attorneys”, humanize your client.
  • Good allocution can cause a Judge to impose a lower sentence.
  • Tell their story, but don’t minimize the seriousness of what your client did.
  • Judge Rice; will often ask a defendant what he/she will do upon release to reduce their need to re-offend.
  • Show his/her strengths and weaknesses.
  • If you can show that you are on the same page with the court as to the seriousness of the offense, the chances of having your other statements accepted will increase.
  • What cases do judges find most challenging:
    • predatory child sex offenders who have harmed children, and
    • white-collar criminals who have harmed vulnerable people.
  • All judges agreed; they would rather hear from your client during their sentencing hearing
    • unless you have new information not contained in your sentencing memorandum and/or other submissions.” 

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PPRS Prison Match™ – Sentencing and BOP Placement Preparation

  1. We reduce the time, expense, and effort needed in preparing your client’s Presentence Interview Preparation, including their placement request. Examples of preparing for the (federal) sentencing hearing include researching the inclusion of RDAP, Medication availability, mental and or medical healthcare along with Psychology Therapy programs.
  2. Being proactive:
    • will help alleviate some of your client’s and their family’s immediate fears of their loved one’s future. 
    • Save the BOP and the defendant’s family, the cost of a possible transfer at a later date, no matter how rare this may be. 
    • Should a transfer be required later that could have been avoided, federal inmates may not be eligible until they have demonstrated 18 months with no negative conduct.

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For a consultation without any obligations on your part, Dr. Blatstein is easy to reach and returns all of his calls – personally: 240.888.7778, or info@PPRSUS.com.

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The responsibility for a client’s mental and physical health should be safeguarded in order to protect them from themselves and others, providing a safe environment for the duration of their incarceration.

These are recommendations only from PPRS and are the responsibility of the legal defense team, court, and BOP.

Also found on Dr. Blatstein’s LinkedIn