You need a Federal Criminal Defense Attorney specializing in White-Collar Defense.
Together, You Decide on Your Strategy: Trial or plea, as 98% of cases do. Here, you need an attorney who specializes in Mitigating Your Sentence.
If Prison is inevitable, start preparing for your Presentence Interview and Personal Narrative – ASAP.
Presentence Interview Preparation is Next, and it Controls Your Life.
Probation Officers conduct the Presentence Interview (PSI) and write the official Presentence Report (PSR) to the Judge and Court.
In reading how attorneys prepare for the PSI, I side with those who believe in being proactive and drafting their own memorandum that contains the information needed for the PSR and providing it to the Probation Officers before the Presentence Interview – Getting Your Message On The Record.
Why being Proactive with your Presentence Interview is best, is because this is the beginning of your Presentence Report (PSR)
Probation officers are very busy and appreciate having some of the work already completed.
It allows the legal team to get Your message into the record.
The Presentence Report (PSR), Controls Your Life :
Sentencing Table: The Judge uses it to determine the Length of the Sentence.
As criminal defense attorneys, you’re on the other side of the bench; this is my firsthand perspective.
In 2006, I was convicted of a felony and served a 1-year, 1-day sentence for Mail Fraud for my Medical-Surgical Suites billing before officially certified that I owned. While there was no Medicare or Medicaid Fraud, this was a terrible, embarrassing, and humbling self-inflicted experience.
In 2010, I was grateful to have my license to practice reinstated in full, which was good for my soul. Several years later, I realized several things,
1st) In addition to being a terrible and terrified client, in the end, I was unprepared for everything related to the Law, Sentencing, and what to expect once inside Federal Prison.
2nd) Judges understand that crimes don’t occur in a vacuum – they want to understand the why and what happened that caused the breaking of the law and hear that explanation from the person they are about to sentence while having Remorse for the Victims and Accepting Responsibility.
3rd) When is the best time to provide this?
Provide to the Probation Officer 1-2 Weeks before The Presentence Interview in a well-organized format, this includes,
Copies of all:
1. Personal Identification
2. Biographerical Background Information
Well Written;
1. Personal NARRATIVE
2. RELEASE Plan
3. Previously Reviewed: FSA SPARC-13 Assessment Survey and PATTERN SCORE
4. ALLOCUTION
Marc Dr. Blatstein
Published, Co-Author
1. The Federal Lawyer, 2021, The Critical Role of The Presentence Report
2. ABA, 2022, Dementia
William H. McRaven, rising through the ranks to become commander of the Pentagon’s Joint Special Operations Command, was credited for organizing and overseeing the execution of Operation Neptune’s Spear, the special ops raid on Osama bin Laden on May 2, 2011. Admiral McRaven’s experiences and challenges hold true whether in those challenging times of warfare as a member of SEAL Team Six or to those of us facing Federal Indictments and a temporary stay in Prison.
As a physician, was encountering the FBI unexpected?
Have you heard any rumors about the authorities asking questions?
You’ve worked in business or government, where things suddenly changed?
Are you dealing with federal charges after all the hard work you put into building your business?
Were issues related to legal or illegal drugs, alcohol, gambling, or ‘others’ involved in your charge?
‘First,’ you need Legal Representation – we are not Lawyers.
It’s decision time: do you go to Trial or Plea?
Trials are expensive and involve hours of discovery, not counting the trial itself. At hundreds to thousands of dollars per hour – the DOJ still has a 98% Conviction Rate, so you may want to ask your attorney how many cases like yours they have taken to trial and won. Unfortunately, our justice system is far from perfect, and feeling that you are innocent may not be enough. That said – if your case is strong – go to trial. All is not lost, even if you lose.
A Plea will save you money and possibly help at sentencing because it will save your attorney billable hours, and the prosecutor wouldn’t have to spend as much time preparing for a trial. Whether you elect to go to Trial or Plea, what you do next will impact your future.
Your Presentence Interview, in addition to everything else – needs to include your Story (Autobiography) or Personal Narrative, a Release Plan, and Allocution, which is where you speak with your judge. Why? Because judges have been interviewed, and they want to hear from you, the defendant, for many reasons,
1st) They want to believe that you’ve accepted responsibility for your actions. 2nd) Have remorse for the pain you have inflicted on your victims. 3rd) They understand that crimes do not happen in a vacuum – and want to learn what happened in your life that brought you to this point where you broke the law. 4th) What is your plan not to return to their courtroom? 5th) Were there other ramifications, such as losing your professional license to practice in a career that you love or 6th) Have you always provided community service or volunteered in your community – doing what?
Attorneys know the law, but the nuances of navigating through Federal Prison aren’t part of a traditional legal defense. Are You Now Ready To Start?
Give me a call, 240.888.7778 – I personally answer and return all calls.
Sentencing Mitigation requires a unique set of knowledge and skills that are of interest to both a) those facing Prison, as well and b) those who are responsible for preparing you to reenter society as Law Abiding Citizens – ‘Your STAKEHOLDERS.’
PREPARATION: WHAT YOU SHOULD KNOW,STEPS #1-4,
1stYOUR DEFENSE 2ndYOUR PRESENTENCE REPORT (PSR): PHYSICIAN ASSISTED 3rd, YOUR NARRATIVE, RELEASE PLAN, AND ALLOCUTION 4thAT SENTENCING
1stYOUR DEFENSE
Finding an experienced criminal defense lawyer is crucial when dealing with federal charges. The Department of Justice has a high conviction rate, so deciding on going to trial or plea should be carefully considered with your attorney. If the decision is “Trial,” ask your attorney how many cases they have taken to trial – and won. Remember, the DOJ has a 98% Conviction Rate, meaning they usually don’t lose.
Properly preparing for your presentence interview is your next step and is critical for your future. Have you thought about what it entails?
a) YOUR PRESENTENCE INTERVIEW (PSI) – IS THAT IMPORTANT: Here, all your Personal Identification and Biographical Background information (proofread for accuracy) is provided to your Probation Officer. It is recommended that you include Your Personal NARRATIVE and Release Plan. WHY?
YOUR NARRATIVE INCLUDED IN YOUR PRESENTENCE REPORT – WILL HELP HUMANIZE YOU TO YOUR JUDGE.
Michael Santos interviews Federal Judge Mark Bennett on the importance of including Your Personal NARRATIVE in Your Presentence Report.
Everything should be provided to your Probation Officer 1-2 weeks before your Interview. This will result in a less stressful interview day as the Officer already knows your background and can take their time to get to know you personally. Asking any remaining questions they may have, they may come away with a more positive view of who you are.
The Probation Officer next drafts your OFFICIAL PRESENTENCE REPORT.
b) THE PRESENTENCE REPORT CONTROLS YOUR FUTURE – IT INCLUDES YOUR: (1)MEDICATIONS: should is important, and attention should be paid to the BOP Generic Drug List (Formulary) for availability – because this is All There Is. You do not want to learn this after you surrender. Non-Formulary or Not Available medications must be addressed by reviewing the online BOP medication list with your physician before your Presentence Interview. Should the need arise, these issues should be addressed before your interview date.
When it comes to providing medical care to individuals with unique medical conditions while in the Bureau of Prisons (BOP), it is crucial to have a comprehensive medical history prepared and documented before your Interview date that includes all medical records. This includes reports of surgeries (including pathology reports), diagnostic X-rays, CT, MRI, ultrasounds, EEGs, EKGs, and PET scans (Reports and tests on CD or Flash Drives). All recent blood tests, prescriptions (Drugs and Medical Devices), hospital records, and treatment plans from their treating physician.
To ensure that the patient receives the appropriate care, it is essential to gather all relevant information, documentation, and contact information for your current treating physicians, including their name, phone number, email, and address.
It is advisable to prepare thoroughly for The Presentence Interview, especially if there are any concerns about medical care from the patient, their attorney, or treating physician. Doing this in advance makes it possible to plan strategically and ensure that the patient/defendant receives the necessary care during their time in the BOP.
I’ll keep adding: No Guarantees because there are none regarding all aspects of your life once incarcerated. Your best defense is being as best prepared at the beginning as you can, including appointing someone you trust with Power of Attorney.
Why? If you ever need a second opinion while in prison, first, this could take up to 36 months if this is even allowed. Second, the Clinical Director of your facility is not required to follow the Specialist’s Recommendations regarding your medical care. Having your Past Medical History included could make the difference. Again, no guarantees, but you have The Administrative Remedy Process to fall back on as your next step.
(3) SENTENCING:This is your first opportunity to meet and speak with your Judge. By this point, the Judge already knows all about you from your INDICTMENT and likely has a sentence in mind. Your only hope of changing their mind is by helping your Judge understand Who You Are – and this can be done by writing your NARRATIVE, ALLOCUTION, and RELEASE PLAN and including them in your Presentence Report under seal. Along with your Personal Identification and Biographical Background information that was provided to your Probation Officer 1-2 weeks before your Presentence Interview, be prepared to have your conversation with the judge.
c) MAKING YOUR BOP PLACEMENT REQUEST is a 3-step simple process. Our BOP Packet is provided to your defense counsel for presentation to the court and includes the Programs Supporting Your Placement Request, Example FPC Alderson.
d) AS A LICENSED PROVIDER, I have 30+ years of personal experience in healthcare as well as with how medical care is delivered in prison due to my felony conviction in 2006 when I was incarcerated. With the support of colleagues, my medical license was reinstated in 2010, and several years later, I transitioned from patient care, taking what I have learned to provide Preparation and Knowledge to those facing the reality of federal prison.
My goal is to help ease any concerns that may arise for individuals and their families experiencing these life-changing events. Although I am no longer directly involved in patient care, I remain committed to positively impacting those I interact with. At the same time, it’s important to keep in mind that the BOP holds the final decision-making power in this process, and therefore, neither I nor any attorney, consultant, or other mitigation expert can guarantee any specific outcomes from their or my recommendations.
3rd,YOUR NARRATIVE, RELEASE PLAN, AND ALLOCUTION
Navigating through Federal Prison is not usually part of a traditional legal defense. This requires a unique set of knowledge and skills that are needed after the guilty verdict or plea and are of interest to your Judge at sentencing. The NARRATIVE, ALLOCUTION, and RELEASE PLAN are of interest to your judge and other STAKEHOLDERS you haven’t yet met. ARE YOU PREPARED?
4thAT SENTENCING
In addition to your legal defense, are you prepared to meet your Judge, and if so, what are you planning to say? Have you read your attorney’s Sentencing Memorandum? Is your NARRATIVE and a Few Character Letters attached? Are you and your legal team prepared to make the 3-point BOP Placement Request?
Contact me if you need recommendations for attorneys who practice Federal Criminal Defense and have experience in Federal Court. These should be attorneys with experience in cases like yours and are also empathetic to the stresses you are going through.
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.
Federal Judge Mark Bennett (YouTube above) 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.
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
Federal Judge Mark Bennett (YouTube above) 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.
What have you planned to say as you stand at your sentencing hearing, anticipating your conversation with your Judge?
Speaking from the heart could influence the courts and impact your sentence – for the BETTER. On the other hand, if you are not prepared, it may be best not to say anything.
DO YOU FEEL PREPARED FOR YOUR PRESENTENCE INTERVIEW? HAVE YOU PICKED THE RIGHT ATTORNEY – FOR YOU? ARE YOU COMFORTABLE (NERVOUS IS OK) TO SPEAK WITH YOUR JUDGE AT SENTENCING?
For a personal, one-on-one call to discuss your legal issue, or that of a loved one, call me; I personally answer and return all of my calls (240.888.7778). Marc Blatstein
We are not Attorneys; you need Legal Representation.
No one can guarantee results, as the outcome at the end of the day rests with your attorney, the Judge, and The Federal Bureau of Prisons. Once inside, as in life, there will be staff genuinely caring about you and their job, while others look at you as a number. The only person who can control Your Reactions and Emotions ⇒ Is You.
PRESENTENCE INTERVIEW PREPARATION, ⚖️TREATMENTS THAT ARE ‘ALLOWED’ IN FEDERAL PRISON – BUT NO🤞 GUARANTEES…
👉The DOJ encourages corporations and individuals to adopt strong ethical guidelines, internal controls, and compliance programs to prevent and detect any malfeasance – until they don’t.
Note:Ordinarily, pretrial or non-sentenced inmates, and inmates with less than 12 months to serve, are ineligible for health services in subsections III., IV., and V. Subsections IV and V are also usually not provided.
All of this emphasizes the reasons for the preparation of a Complete, Accurate, and overly Comprehensive,👉 Presentence Report.
If you are being sentenced, have a medical condition that requires surgery (for example, orthopedic, that adversely affects your Activity of Daily Living, or have a failing Kidney that needs to be removed), but you’re unable to get the procedure before you surrender; this is when your Presentence Report is critical.
When accurate, it will include, 1) detailed medical records that explain your diagnosis and treatment plan, 2) what would happen if this treatment is not provided, and 3) a placement request to the appropriate BOP Federal Medical Center (FMC).
Your medication that is not on the BOP Formulary, or a generic drug that is either Non-Formulary or Not Available is something that you do not want to learn after your inside. Being overly Comprehensive for your Presentence Interview is a must – and a unique topic all by itself.
Why? Should you need a second opinion, or consult with a specialist, you may have to wait up to 18 months just to learn if this is even allowed. If granted, it could take another 18 months just to get your appointment. After you have had your appointment, and the Clinical Director at your facility is in receipt of the specialist’s recommendations – they (The BOP) are under No Obligation to follow those recommendations, rather, they are just placed in your file. Further, courts cannot order specific treatment or medication to be used (#9), after you have been incarcerated. Therefore, a great starting point is being prepared for the Presentence Interview, where the Probation Officer will, in turn, draft the official Presentence Report.
The BOP’s five categories upon which all medical care is provided.
I. Life-Threatening, Medically Necessary – Acute or Emergent
■ Myocardial infarction. ■ Severe trauma such as head injuries. ■ Hemorrhage. ■ Stroke. ■ Status asthmaticus. ■ Precipitous labor or complications associated with pregnancy. ■ Detached retina, sudden loss of vision.
Treatment is essential to sustain life or function and warrants immediate attention.
II. Medically Necessary but Not Urgent,
■ Serious deterioration leading to premature death. ■ Significant reduction in the possibility of repair later without present treatment. ■ Significant pain or discomfort which impairs the inmate’s participation in activities of daily living.
While not immediately life-threatening, without treatment, the person’s overall health and, or ADL may not be maintained.
III. Medically Appropriate but Not Necessary; to improve the person’s quality of life
■ Joint replacement. ■ Reconstruction of the anterior cruciate ligament of the knee. ■ Treatment of non-cancerous skin conditions (e.g. skin tags, lipomas)
These always require review by the Institution Utilization Review regarding,
■ The risks and benefits of the treatment. ■ Available resources. ■ Natural history of the condition. ■ The effect of the intervention on inmate functioning in his/her activities of daily living.
These are considered elective procedures, to improve the inmate’s quality of life, and may or may not be allowed.
IV. Limited Medical Value.
■ Minor conditions that are self-limiting. ■ Cosmetic procedures (e.g. blepharoplasty). ■ Removal of non-cancerous skin lesions (if you have a history of skin cancer, two issues are present, (1) hope that the prison healthcare provider has this type of training to recognize Cancer, and (2) that your Presentence Report has your history reported in detail).
V. Extraordinary.
■ Organ transplant or Donor, or ■ Those Considered Investigational
👉The PRESENTENCE REPORT (PSR), IS YOUR “REFERRAL” THAT CONTROLS ALL ASPECTS OF YOUR LIFE, AND IMMEDIATE FUTURE – REDOS ARE VERY FEW, EXPENSIVE, AND A HEAVY LIFT. THEREFORE ACCURACY AND COMPLETENESS CANNOT BE OVERSTATED.
If you find 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.
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 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 – andonlyYour 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,
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. TheProsecutor 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-13Assessment 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.
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.
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 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.
You maybegin 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.
“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’d like to have a conversation with the defendant.”
I want him/her to apologize to the victim and their family, mainly if they are in the courtroom.
“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.”
“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…
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.
This video provides an overview of how healthcare is provided in federal prisons and is dependent on several factors. First, an accurate and comprehensive Presentence Report, then, unfortunately, staffing as there is a severe shortage.
As of 10/2023, a client returned from Butner Low and reported that only contracted doctors would come in from the outside to the Low and FMC (the BOP’s best hospital) every 2-3 weeks. All surgeries were going out to Duke Medical Center, which is a good thing. This is just something to keep in mind as, hopefully, things there have improved.
Through my story, this video explains why finding the right attorney for you is important. Although this is your life-altering event, preparation and Knowledge of what you are about to do could still result in a positive outcome. Knowing that the DOJ has a 98% conviction rate, what is a positive outcome for you? Learn from my experiences through my video.
Level 2 {Yellow}, Medical isolation rate 2% to < 7%, or Facility vaccination rate 50% to < 65%, or The Community transmission rate is 50-99 per 100,000 over the last seven days
Level 3, Medical isolation rate ≥ 7%, Facility vaccination rate < 50%, or Community transmission rate ≥ 100 per 100,000 over the last seven days.
The challenge is that although the Pandemic is now behind us (10/2023), as an Epidemic, it will remain since the COVID virus continues to mutate. This has researchers around the world busy, along with the residual effect that persists in some POST-COVID Long-Haulers. Significant is that POST-COVID Long-Haulers may test negative, but are very symptomatic. In turn, they may be unable to participate in ADL or PADL.
BOP General Modifications For Testing, Masks, Vaccines and Boosters; The BOP does not appear to conduct random COVID Testing proactively, nor do they keep accurate records (requiring?) of all Vaccines and Boosters given (to staff and inmates), as well as enforcing (or at least making available) Masks. We now know that the immunities of a vaccine decrease over time (as in < Months). Should you be immunocompromised, Compassionate Release or Second Look may be an option.
Learn CPR – Save Lives – Hands-Only (30 sec) – The Next Life It Saves Could Be Yours.
“As a cardiologist, I have been frustrated learning of athletes dying on the playing field unnecessarily and resuscitating people brought into our ER with no brain viability – because people do not know what to do, and it’s so simple. We have to change this.”
— DR. HOLLY S. ANDERSEN
Attending Cardiologist at NewYork-Presbyterian Hospital Director of Education and Outreach for The Ronald O. Perelman Heart Institute
Senators Tammy Baldwin (D-WI) and Mike Braun (R-IN), 3/30/2023
Before any initial designation decision is made, DSCC staff assess a provisional BOP CARE LEVEL from I–IV for each inmate. BOP institutions also have a care level assignment that reflects the medical care resources available at that facility.
The Designation and Sentencing Computation Center (DSCC) designates those inmates with Medical (and Mental Healthcare) CARE LEVEL I and II.
For those inmates with Medical (and Mental Healthcare), Care Levels III and IV, the designation decision will be made by The Office of Medical Determinations and Transportation (OMDT).
Prisoners have a constitutional right to adequate medical care,1 but what that means and how to get needed treatment is often not well understood by attorneys representing criminal defendants. This article attempts to address that knowledge deficit by explaining the medical, mental health, and substance abuse programs and policies in the federal Bureau of Prisons (BOP), as well as some of the educational, vocational, and other available programs intended to rehabilitate inmates and prepare them for return to society.
Equally important, the article explains the Critical Role of the Presentence Report (PSR) in determining whether and how needed treatment and programs will be available to a defendant. Documentation is paramount, and the diligent attorney must proactively gather and supply the appropriate documentation to the probation officer preparing their client’s PSR. In this video, I read the article Published in The Federal Lawyer regarding Medical Care in Federal Prison, including my commentaries throughout the article. If you have a medical issue, I recommend listening; it is very informative and detailed.
Medical Health CARE LEVEL I
Inmates are generally healthy but may have limited medical needs that can be easily managed by clinician evaluations every 6 mos.
Inmates are less than 70 years of age.
Examples: mild asthma or diet-controlled diabetes not requiring medications.
Community Hospital Medical centers may be located over one hour away.
Medical Health CARE LEVEL II (the majority of BOP facilities)
Inmates are stable outpatients who require at least quarterly clinician evaluations.
It can be managed in chronic care clinics, including mental health issues.
Examples: medication-controlled diabetes, epilepsy, and emphysema.
Hospital Medical centers may be located within one hour of the facility.
Medical Health CARE LEVEL III
Inmates are fragile outpatients who require frequent clinical contact to prevent hospitalization.
May require some assistance with activities of daily living(BOP Program Statement 5200.05, page 2), but do not need daily nursing care.
Examples: cancer in remission of less than 1 year, advanced HIV disease, severe mental illness in remission on medication, severe congestive heart failure, and end-stage liver disease.
The designation is done by BOP’s Office of Medical Determinations and Transportation (OMDT).
Medical Health CARE LEVEL IV
Functioning is severely impaired.
Cannot perform Activities of Daily Living (ADL), such as caring for oneself, performing manual tasks, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, bathing, and cleaning oneself.
Requires 24-hour skilled nursing care or nursing assistance.
Examples: cancer on active treatment, dialysis, quadriplegia, stroke or head injury patients, major surgical patients, acute psychiatric illness requiring inpatient treatment, and high-risk pregnancy.
The designation is done by BOP’s OMDT.
There are seven Federal Medical Centers.
FMC Butner (North Carolina), the cancer center for the BOP, provides inpatient medical/surgery and mental healthcare and sex offender treatment programs, along with housing at all security levels.
FMC Carswell (Texas) is the only facility just for women.
FMC Devens (Massachusetts) provides dialysis, one of several facilities that provide a residential sex offender program, along with inpatient mental healthcare.
FMC Forth Worth (Texas)
FMC Lexington (Kentucky); for lower security.
FMC Rochester (Minnesota); contracted with the Mayo Clinic, providing all levels of complex medical care and inpatient mental healthcare.
FMC, Springfield (Missouri); higher security, dialysis, and inpatient mental healthcare.
Medication availability (~ 3500 different drugs), falls into 3 tiers;
Available- On Formulary (Which are they?)
Non-Formulary; Requires a lengthy Preauthorization Process. Which are they? How do you ensure their availability for your client upon their admission starting on day 1?
Just not available; what similar (equivalent) substitutions need to be requested? (What do you do here?)
Whether You’re The Target of a Federal Investigation or Already Incarcerated – There Are Things At All Levels We Can Do
What areas do you feel comfortable opining about? In other words, what’s your area of expertise/ what are you known for?*
I practice in the Federal Criminal Defense for those who find themselves facing this life-altering event. For An Example of How Preparation Can Positively Impact One’s Sentence – if they have been Prepared for their Interview, see my 5/2023 Elizabeth Holmes YouTube:
Once the DOJ has its Investigation underway, the quicker you act, the better your client’s chances will be of mitigating or getting their best or lowest sentence. Why, because the DOJ comes to the table with a 98% conviction rate and bottomless financial pockets with which to prosecute.
After all the legal work is done, and the guilty verdict is in, two parties are left. 1st The JUDGE, who understands that people don’t commit crimes in a vacuum and wants to understand the defendant, and 2nd, the defendant has to help the Judge understand what changed or brought them to this point where they broke the law. Humanizing themselves before the Judge takes work is done by changing the current NARRATIVE, or story of who they are, their INDICTMENT.
This is an arduous, self-reflective experience for them to go through, forcing a face-to-face with their innermost thoughts.
Taking weeks to months to complete, can result in a distilled version of themselves that is honest and pure, a version where they have Remorse, Accepted Responsibility, and Identify with the Victims of the Crime They Have Perpetrated.
Standing at your sentencing hearing anticipating their conversation with the Judge, they’ll realize that writing the narrative has been an unexpectedly cathartic experience. Speaking from the heart now ‘could’ influence the court, and ‘may’ impact their sentence.
ALL OF THIS IS PREPARED, COMPLETED, AND PRESENTED TO THE PROBATION OFFICER ~2 WEEKS BEFORE THE PRESENTENCE INTERVIEW, IN ADDITION TO THE REQUESTED BIOGRAPHICAL AND PERSONAL I.D. INFORMATION.
Also covered are The Reentry Plan, PATTERN Score, SPARC-13 Assessment, and The Administrative Remedy Process (BP 8-11, 2241; which the BOP encourages inmates to use).
Published: The Federal Lawyer, 12/2021, The Critical Role of The Presentence Report, Dr. Marc Blatstein, and Faye Spence, Esq
ABA, 11/2022, REPRESENTING PEOPLE WITH DEMENTIA CHAPTER 1. What Is Dementia? Page 1, Dr. Marc Blatstein, and Faye Spence, Esq. CHAPTER 13. Jail and Prison Conditions, Page 155, Dr. Marc Blatstein, and Faye Spence, Esq.
SERVICE. Preparation starts with the defense team encouraging their client to start thinking and drafting their, a) PERSONAL NARRATIVE, b) RELEASE PLAN, c) ALLOCUTION, Reviewing and understanding their, d) PATTERN Score, and e) SPARC-13 Risk Assessment Questions, Providing, f) Copies of all Biographical and Personal Information as instructed by their counsel. When everything is complete, counsel will then provide it to the Probation Officer 1-3 weeks before the Interview. g) Administrative Remedy Process (BP 8-11, 2241; which the BOP encourages inmates to use). h) What to Expect Inside The BOP
This provides the Officer with the quality time needed to enter your information into their Probation Report, and later at the interview personally meet you and ask questions.
As most of their report has already been filled out due to your hard work before the meeting, this can be a casual conversation with less stress, and maybe the Officer comes away from the meeting thinking that you were prepared, and has an overall better feeling about your client – quite different from the NARRATIVE released by the DOJ.
3. The defendant must also understand how to navigate prison, how Not To Loose their GOOD TIME CREDITS, EARNED TIME CREDITS, and RDAP CREDITS (if applicable), and how to Advocate for themselves using The Administrative Remedy Process.
IS YOUR CLIENT PREPARED FOR THEIR PRESENTENCE INTERVIEW AND SENTENCING HEARING?
“Judges want to hear from the defendants” because they understand that crimes do Not Happen In A Vacuum, they need and want to understand What Changed In Their Lives That Precipitated this event?
A WELL-THOUGHT OUT; PERSONAL NARRATIVE, ALLOCUTION, and REENTRY Plan is your Story or Autobiography.
This takes time to write and self-introspection to think. It can be as long as it needs to be, but after multiple re-writes, is distilled down until it reveals a version of you that accepts Responsibility, has Remorse, and agrees with the court to the Victims you have created.
Your client understands it’s their responsibility to make things right by their Victims 1st, the Community 2nd, family 3rd, and themselves last. This comes from interviews with Federal Judges, across the country.
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.
Help the Judge Understand Who You Are – And Why You Deserve Leniency
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 Narrativethat 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-13Assessment 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 Narrativetells 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.
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, Raynaud’s 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 consider not using them.
MILITARY: Copies, branch, discharge?
EMPLOYMENT: The PO will check. Judges love an excellent 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 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 maybegin 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.
“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’d like to have a conversation with the defendant” …
I want him/her to apologize to the victim and their family, mainly if they are in the courtroom.
“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.”
“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, YouTubechannel, 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 thatno 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, thenNext. 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
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.
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.
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.
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.
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, and4) The Dictation Date Deadline – which is when their final Presentence Report of you is due to their supervisor.
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
Also, answering the question regarding, who listens to the ‘AM’ Radio Station: W.I.I.F.M., all the time?
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)
A Surrender list of what to bring, and aPre-Surrender Checklistof 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
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.
Today, Is Your Client Prepared to Speak with Their Judge? What is the ‘1’ Thing that Differentiates Them from Everyone Else Entering Their Judge’s Courtroom?
Your Sentencing Hearing is a pivotal moment that could profoundly impact your future. You need to recognize that the Judge has already assessed your Presentence Report, which was created by your Probation Officer, and carefully considered your case. Additionally, the Judge has received a recommendation regarding your sentence. It’s imperative to understand that this hearing does not have to be a mere formality but an opportunity to present yourself in the best possible light and potentially influence your outcome. Take it seriously, and prepare accordingly. I hope this video is helpful and gives you a starting point to work with.
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 part of a traditional legal defense. This requires a unique set of knowledge and skills that interest those assessing a person’s access to freedom.
STAKEHOLDERSare 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.
In this video, I introduce you to your STAKEHOLDERS, who will be making decisions that determine and impact your immediate future. Some of these you will meet personally, while others, such as the BOP Staff located at the BOP Designation Center in Grand Prairie, TX, you will never meet. These two groups have in common that they will, for lack of a better term, profile you based either on (1) your INDICTMENT and Presentence Report or (2) Your Personal NARRATIVE, if it’s included with your Presentence Report and Indictment. Which do you suppose will portray you in the best light? I hope the video provides some clarity.
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 – andonlyYour NARRATIVE can begin to change this, starting with1st)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, but 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 could provide your Probation Officer with your,
I. Copies of all of your Personal Identification and Biographical Background Information
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 more personally.
Some may appreciate your efforts and become advocates since they are overworked and have no time.
4. TheProsecutor 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-13Assessment 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 Narrativetells 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. This short 3-4 minute video provides another way to think about when writing your Narrative.
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].
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 theFSA Risk Reduction Programsand 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. Write this.
You also 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 grateful to be moving into a home with a support structure. While you have been self-employed forever, you have a letter from a friend willing to hire you, “all I have to do is let them know, as they are expecting my call from me.” “As you see, the letter was also a character letter that I initially provided.”
This YouTube covers Self-Advocacy or everything you can do before your Presentence Interview and then while incarcerated to help you expedite your way to freedom. While this sounds simple – It’s Not. You will be faced with many days of frustration and disappointment, and BOP staff who appear to be there just to give you a hard time. On the other hand, there will be those who care and will, over time, surprise you in good ways, yet unseen. While nothing can or is guaranteed, please use no cell phones, keep busy with constructive activities and non-fiction reading, and document everything that you you for your record. This video provides helpful content.
At the same time, you can also plan to be self-employed again if your role in that business 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 maybegin 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. Please listen to this Short but direct YouTube.
Several memorable Statements/Allocutions that positively impacted these Judges,
“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’d like to have a conversation with the defendant.”
I want him/her to apologize to the victim and their family, mainly if they are in the courtroom.
“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.”
“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.
The ‘writer’ of a Character Letter states that they’ve known you for many years and are aware that you are in trouble and facing federal criminal charges and that you feel terrible about what you did. “We went to college together, and this is so out of character,” and they know that you are so remorseful. Further, as someone who is close to you and part of your support system, they want to assure this court that the defendant won’t be back in front of this judge again because we will be looking out for them in the future and hold them accountable. The video is short but goes into the do’s and don’ts of what goes into a Character Letter. Also, a great Character letter may be a letter that includes that a person will be willing to rehire you after your release due to your character, knowledge, and skills. In this video, I lay out the “dos and don’ts” of what to include in Character Reference Letters.
NOW,are you Better Prepared to Speak to The Judge at Their Hearing Regarding…What is the ‘1’ Thing that Differentiates Them from Everyone Else entering their Judge’s Courtroom?
