MORE THAN WHISPERS - Target #1: The FBI’s Coming : PHYSICIAN PRESENTENCE REPORT PREPARATION

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

Your Personal Narrative could take a month or more to write

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;
- Autism, Borderline Personality Disorder, Anger Management, etc.
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.