Attorneys, you know the law,

Let us help in developing the background for your client’s PSI while providing the best and most appropriate BOP Placement Option Request to the court. Some Judges ‘do’ look for direction, The Federal Lawyer 9/2017.

For a consultation without any obligations on your part, I am easy to reach: 240.888.7778 (my personal cell) or info@PPRSUS.com.

 This all starts with Preparation for The Presentence Interview

Then providing this information to the probation officer, and developing a relationship may result in getting your message “on the record,” all through The Official Presentence Report

When presenting a BOP placement request, we support it by referencing the BOP’s own Program and Policy Manuals and Statements, and how they apply individually to you apply to your client.

    1. If time allows and this example is applicable, suggest your client join these FSA programs before sentencing Alcoholics Anonymous (AA), Narcotics Anonymous (NA), or
    2. Proactively request placement, should your client’s specific need be reflected in, for example:
      • 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.
    3. These FSA Programs
      1. Evidence-Based Recidivism Reduction (EBRR) Programs, and
      2. Productive Activities (PA)
  • Security Scoring Checked
  • Offense Level vs Criminal History
  • Medical and Mental Healthcare, Matched Per Their CARE LEVEL I-IV Structure
  • Medication Availability provided through their 3 tier Formulary
  • Accepting Responsibility
    • entitles a 2-level reduction in offense level.
    • may 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 transitions from a Pandemic to an Endemic.

  • Its lethality, both to those incarcerated (in their petri, dish-like environment), and to those on the outside, is still an active area of investigation.
  • Still, for those who are, or likely to become Post-COVID Long-Haulers,
    • I do not believe any prison, (state, or federal) will be able to provide medical care.
    • As this specific type of care appears to fall outside of their mission capabilities.
  • Masks still provide physical protection against physical aerosolized COVID particles
  • Currently, vaccines (while not 100%) provide the best protection against hospitalization and death.
  • Then antivirals, possibly be a game-changer; but it’s anyone’s guess, if or when they even could be available to those incarcerated.

How COVID Spreads and Prevention of COVID | Airborne Transmission

  • This 20-minute video is worth a listen.

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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.

  • Additional reasons why these are important
    • Prisons are (like cruise ships), perfect Petri dishes for a contagion to spread.
    • 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.
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Judges ‘do’ look for direction, The Federal Lawyer 9/2017.

  • “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 other submissions.” 

    It’s surprising how many otherwise competent federal criminal defense attorneys punt at the federal sentencing hearing.-Judge Schiltz

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.”

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PPRS Prison Match™ – Sentencing and BOP Placement Preparation

  1. In reducing the time, expense, and effort needed in preparing your client’s Presentence Report including placement requests.
  2. In preparing for the (federal) sentencing hearing (eg.: RDAP, Medication availability, mental and or medical healthcare (and Psychology Therapy) programs).
  3. Being proactive will alleviate some of your client’s and their family’s immediate fears and future.
  4. Save the BOP the cost of a possible transfer at a later date, no matter how rare this may be.
  5. Transfers, a federal inmates may not be eligible for transfer until they have demonstrated 18 months with no negative conduct.

 

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.

This is the responsibility of the legal defense team, court, and BOP.

Also found on Dr. Blatstein’s LinkedIn