Facing Federal Prison

You’ve Been Found Guilty – What Do You Do?

Welcome!

You’ve been indicted, are waiting to be sentenced, and the day you’ll finally go. The unknown is all pretty unnerving, and Dr. Blatstein knows because he’s been there. He has made a choice to share his experiences and medical background with you – in order to ease yours.

Representation

Once you are formally indicted (or before), you need to get legal representation. Because the FBI and US Attorney have an exceptionally high rate of convictions (or guilty verdicts), having a98% go to jail criminal defense attorney is critical! Going a step further, be honest with your attorney, because should you have a guilty verdict (whether plea or trial), this will help your attorney sift through the range of criminal penalties you may face.

Your Attorney knows the law and will do their best to get you an acquittal, but most federal defendants end up, whether plea or trial; going to prison.

Facing Federal Prison: the process starts by preparing for your Presentence Interview.

  • The Presentence Interview is the precursor to The Presentence Report (Blatstein et al.), and in turn, both will determine your future.
    • We then work with you and your attorney in developing your placement request.
    • The caveat here is that there is no guarantee that the Judge, Court, or even The BOP has to, or will follow those recommendations. Dr. MB
  • Knowing this, federal judges still look to the defense for direction regarding sentencing.

 

Visit Our 2022 U-Tube VIDEO SERIES – “YOU’VE BEEN FOUND GUILTY – NOW WHAT”

Facing Federal Prison – Criminal Defense and Sentencing Topics

PPRSUS 02: THE PRESENTENCE REPORT – ITS IMPACT

PPRSUS 03:  THE PRESENTENCE REPORT – PREPARATION

PPRSUS 04: SELF-SURRENDERING, DON’T END UP IN SOLITARY?

PPRSUS 05a: THE FIRST STEP ACT – GOOD TIME CREDIT

PPRSUS 06a: THE PRESENTENCE REPORT – INCORRECT CAN HAUNT YOU FOR LIFE.

PPRSUS 07: THE FIRST STEP ACT AND PATTERN, WHAT IS IT, AND HOW IS IT USED?

PPRSUS 08a: THE FIRST STEP ACT, AND  ALTERNATIVE BENEFITS, WHAT ARE THEY?

PPRSUS 09: FIRST STEP ACT AND EARLY RELEASE DO I QUALIFY?

PPRSUS 10: FACING FEDERAL INDICTMENT – WHAT TO DO FIRST?

PPRSUS 11: SENTENCING AND PRESENTENCE INTERVIEW PREPARATION, “YOUR FUTURE DEPENDS ON IT”

PPRSUS 12: THE PRESENTENCE REPORT AND YOUR PERSONAL NARRATIVE

PPRSUS 13: THE AVAILABILITY OF PRESCRIPTION MEDICATIONS

PPRSUS 14: AVAILABILITY OF MEDICAL CARE IN THE BOP

PPRSUS 15: MINIMUM CAMPS – THEY ARE DIFFERENT, SATELLITE VS FPC.

PPRSUS 16: WHEN SELF-SURRENDERING: VERIFYING YOUR COURT ORDERS HAVE BEEN RECEIVED AT YOUR BOP FACILITY BEFORE YOUR ARRIVAL – COULD KEEP YOU OUT OF SOLITARY CONFINEMENT

PPRSUS 17: YOU KEEP RELAPSING AS A Post-COVID LONG-HAULER, PRISONS MAY NOT BE ABLE TO PROVIDE THE CARE YOU NEED

PPRSUS 18: TWO DOCUMENTS CONTROL YOUR IMMEDIATE FUTURE – THE FIRST IS “THE STATEMENT OF REASONS”

PPRSUS 19.I: How To Prepare For Federal Prison – Our Process
1st: Presentence Interview Preparation, 2nd: Developing BOP Placement Options
3rd: Getting your message “on the record”, before the court, in the Presentence Report

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For a No Obligation Free Consult Call Dr.Blatstein at: 240.888.7778, or by email. Dr. Blatstein answers and personally returns all of his calls.

Having maintained his medical license now for over 30 years, along with his personal experience within the BOP, has made Dr. Blatstein uniquely qualified to work with you, and your attorney. 

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The Process 1st starts with preparing you for your Presentence Interview (PSI). It is never – too early to start – preparing!

5 Steps
1) The Probation Officer’s Role
  • After conducting the interview, and investigating your case,
  • Your Probation Officer will draft the official Presentence Report (PSR)
    • When completed, with the Presentence Report, they also make recommendations to the Judge, regarding; 1st) the length of your sentence, and 2nd), placement suggestions for your term of incarceration in the BOP.
      • We (You) want to intervene in that process by getting your ‘message on the record’, and into that same Presentence Report.
      • As part of your defense strategy, (medical, programming (RDAP, etc), we include supporting reasons regarding “Why” the request is being made, by providing examples from the BOPs’ own Guidelines and Programs Statements. 
2) Judges will then use the PSR to sentence you,
  • but they do at times vary from the guidelines. This can happen when your legal team acts proactively by:
  • using the opportunity of the Presentence Interview by getting “your message on the record” – through the Presentence Report.
  • Your legal team could submit a Sentencing Memorandum (Federal Defenders), 1 week before the hearing, (and for example, make supporting arguments for a downward variance), all preferably “under seal”. 
  • Where needed the judge could enter into the record a Statement of Reasons (from The FD)(Form AO 245 SOR), which carries more weight within the BOP.
3) The BOP will use the PSR to designate or

Medical and Mental Healthcare Delivered through a CARE LEVEL I-IV Structure

  • CARE LEVEL I – Limited to no required patient care, under 70 years old
  • CARE LEVEL II – Routine patient care; diseases are medication controlled
  • CARE LEVEL III – Out-Patient, If you need help with Activities of Daily Living (ADL) this is for you
  • CARE LEVEL IV – 24/7/365 nursing inpatient care (e.g., Dialysis)

Psychology Programs – Part of the FSA (Previously “National Programs”)

  • Are you autistic, have a Bipolar, Personality Disorder, a history of PTSD, Domestic Abuse, or substance abuse (but designated to a USP), just to mention a few? 
    • They are also limited both in locations and in the availability of bed space.
  • If your charge is Sex Crime related, there are 3 categories, increasing in severity.

Medications, are yours available – the complete list is available.

  • On Formulary
  • Non-Formulary
  • Not Available – here we will offer presentation options for the court where available

Non-Medical Placement is based on.

  • Bed Space Availability. 
  • Aspirational: placement within 500 driving miles of legal residence.
  • Population Management: some inmates, for specified reasons, need to be monitored or separated from others.

Prescriptions are required for all:

  • Medications
  • Medical devices: e.g.: CPAP, BiPAP
  • Orthotics, prosthetics, diabetic shoes, wheelchairs, cane, eyeglasses, etc.

    Security Levels

  • Minimum Camp: Satellite vs Federal Prison Camp; there are significate differences
  • Low – Medium – Medium USP – High – High USP – Max
  • Options for Work Cadre Participation (at secure facilities without satellite camps), where the inmate is allowed to work outside the perimeter of the institution.
  • PSF Waved: An inmate may receive up to three Public Safety Factors (PSFs) wavers.
  • Long Term Detainee transfers for positive or negative behavior may cause placement in a facility different from scored security or custody level.

What Are Public Safety Factors (PSF) & Management Variables, And How They Affect Your Placement

  • Would your Public Safety Factor (PSF: Chapter 4, pages 5-13) warrant a reduced security level?
  • Accepting Responsibility (gets you 2-3-point reductions).
  • Voluntary Surrender (gets you to point reductions).
  • Drug / Alcohol Abuse.
    • RDAP; within 1 year before the date arrested (illegal or legal medications or drugs).
  • AGE: 55+ (0Pts), 36-54 (2pts), 25-35 (4pts), <25 (8pts), Unknown (8pts).
  • Education Level: High School (0pts), GED Progress (1pt), No degree (2pts).
  • Sentence Length
    • >10 years – Low
    • >20 years – Medium, (Females: High)
    • >30 years – High
  • Disruptive Group
    • Male inmates will be housed in a High-security level institution unless the PSF has been waived.
  • Greatest Severity Offense
    • Male will be housed in at least a Low-security level institution unless the PSF has been waived.
  • Threat to Government Official
    • Male or female will be housed in at least a Low.
  • Deportable Alien: (male inmate who is not a citizen will be housed in at least a Low).
  • History of Violent Behavior
  • A female inmate whose current term of confinement or history involves two convictions or findings – Low.
  • Serious Escape
  • A female, serious escape with the last 10 yrs. designated to Carswell Adm. Unit, unless the PSF has been waived.
  • A male inmate with or without the threat of violence or escapes housed in at least a Medium.
  • Juvenile Violence
    • A male or female who has any documented:
      • Violent behavior, past or present, which resulted in a conviction, delinquency adjudication, or finding of guilt.
      • Violence: aggressive behavior causing bodily harm, death, or behavior likely to cause serious bodily harm or…
    • Serious Phone Abuse
      • A male or female who utilizes the telephone to further criminal activities or Promote Illicit Organizations.
      • Conviction is Not Required; housed at least in a Low.
      • The PSF should be entered in any one of the following, if applicable.
    • Criminal acts conducted by telephone
    • Leader/Organizer or primary motivator; or
    • communicate threats of bodily injury, death, assaults, or homicides.
    • conducts Fraudulent activity (actual or attempted) in an institution.
    • Leader / Organizer who used the telephone to conduct fraudulent activity (actual or attempted)
    • Smuggled narcotics or alcohol into a prison.
    • Federal Law Enforcement notifies the BOP of concern and needs to monitor an inmate’s telephone calls.
    • The inmate has been found guilty of a 100 or 200-level offense code for telephone abuse.
    • A Bureau of Prisons official has reasonable suspicion and/or documented intelligence supporting telephone abuse.
    • Prison Disturbance
    • A male or female inmate who was involved in a serious incident of violence, Engaging / Encouraging a Riot:
      • Males will be housed in at least a HIGH-security level institution and
      • Females will be assigned to the Carswell Adm. Unit.
4) Probation will use it to get background information on you before your time in Supervised Released 

 

5), Last, it remains in your record – for life.

 

General Topics:

In the federal system; ~90%+ of those indicted end up in prison,

In the state system; ~75% + of those indicted, end up in jail.

The Presentence Interview (PSI) gathers your background information for the Presentence Report.

Once the Presentence Report draft is completed, trying to get it changed is a big ask. Why?

  • Below, is just part of what you need to collect and provide to your legal team in order to assist the Probation Officer in their job. Ultimately, it could all work in your favor.
  • You will need complete copies of your:

Complete Medical History:
* All Surgery Reports, * All Physician Contact Information * All Blood Tests * All Medical Records, * All: X-Rays, * CT, MRI Reports (CD, if available for both, 2 copies each, one for your families records and the other for the courts Presentence Report), etc.

All Original Prescriptions for:
* Medical Devices * CPAP, BiPAP, * Eyeglasses, * Orthotics, * Prosthetics, * Diabetic Shoes, * Wheelchairs, * Cane, Crutches, * Medications, etc.

Diplomas: * Highest Education Level Completed, * Any Certifications.

Military Service: * Branch, * Rank, * Discharge Type.

Recommendations and References: In Written, and in unique circumstances Video Format after consulting with your attorney.

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For a No Obligation Free Consult Call Dr.Blatstein at: 240.888.7778, or by email. Dr. Blatstein answers and personally returns all of his calls.

 

We Provide Personalized:

Presentence Interview Preparation

BOP Placement Request Options (supporting the defense reasons as to why you’re making this request, we include, referenced BOP Guidelines and Programs).

Engagement before the Presentence Interview is, recommended.

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