What is The Presentence Report?

The PRESENTENCE REPORT (PSR), IS YOUR “REFERRAL” THAT CONTROLS ALL ASPECTS OF YOUR LIFE AND IMMEDIATE FUTURE – REDOS ARE VERY FEW, EXPENSIVE, AND HEAVY LIFT.

ITS ACCURACY AND COMPLETENESS CANNOT BE OVERSTATED.

YOUR NARRATIVE CONTAINS ALL THE CONTENT FOR THE PROBATION OFFICERS REPORT

IT IMPACTS YOUR, 

Release Date

It includes You Accepting Responsibility,

Your Remorse,

Acknowledging Your Victim’s Pain

‘Standing Out To Your Judge.’ M. Santos interviews Federal Judge Mark Bennett on the importance of writing Your Personal NARRATIVE and including it in Your Presentence Report. 

IT DETERMINES YOUR,

Security Level Requirements

Medical and Mental Healthcare Needs

Psychology Programs – Limited Availability

FSA Programming, and Criminogenic Needs, Risk Assessment

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For a personal, one-on-one call with me to discuss your current issue or that of a loved one,  give me a call (240.888.7778). If I cannot answer, please leave a message, as I personally return all calls. Marc Blatstein

We are not Attorneys; you need Legal Representation.

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BEING PREPARED – SUMMARIZED:

1. PREPARED FOR YOUR FIRST MEETING WITH YOUR UNIT TEAM:

• 1st) AS SOON AS YOU ARRIVED AND LOCATED A COMPUTER, YOU HAVE ALREADY TAKEN YOUR FSA–SPARC-13 RISK ASSESSMENT SURVEY,
• 2nd)REQUEST TO PARTICIPATE IN THE FINANCIAL RESPONSIBILITY PROGRAM.

1. YOUR PATTERN SCORE IS FIXED AT THIS MOMENT IN TIME – BUT CAN CHANGE; WHAT IS YOURS? (MALE or FEMALE)
2. AS SOON AS YOU ‘FELT’ YOU WERE A TARGET

• INTERVIEW AND FIND A CRIMINAL DEFENSE ATTORNEY WHO PRACTICES IN FEDERAL COURT

AFTER YOUR GUILTY HEARING, YOUR ATTORNEY

• Has given you a long list of documents that the court needs copies of financial, medical, Biographical, and Identification Background Information
• Next, you begin a several-month writing project that includes;
  • YourPersonal NARRATIVE, which will include a majority of the content needed for your

Presentence Report, plus your Allocution and

Release/Reentry Plan, where the Judge will ask you, “What is your plan for the future – to not re-offend?),

All of this, As You Prepare For,

YOUR PRESENTENCE INTERVIEW (PSI) – INVESTIGATION REPORT

• CONDUCTED BY THE PROBATION OFFICER – THE COURTS REPRESENTATIVE

 

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PREPARATION FOR THE PRESENTENCE INTERVIEW.

9:30.7 Inside Baseball: Interview With Former Federal Probation Officer Tess Lopez

For a successful and productive legal process to occur, both counsel and clients must maintain a level of accountability and mutual respect. Additionally, active listening on both sides is crucial for effective communication and understanding. As part of this process, counsel will proactively reach out to Probation as needed, and defendants will provide their attorneys with all requested Biographical Background and Personal Identification information. By adhering to these guidelines, all parties involved can work towards achieving the best possible outcome.

It is critical to take time to draft a well-thought-out NARRATIVE and RELEASE Plan, including content relevant to the PATTERN score and Risk Assessment Survey. These documents are then woven together, organized, and prepared with accuracy and comprehensiveness before being given to the probation officer 1-2 weeks before the interview, to be eventually included in their PSR Under Seal.

The interview process holds immense significance as it offers a valuable chance for the Probation Officer to establish a personal connection with the client. Given the constraint of limited time, this opportunity is greatly appreciated by both parties involved. It allows for a deeper understanding of the client’s situation and helps the Probation Officer to provide tailored guidance and support.

The Presentence Report is a crucial tool that enables the court to take into account sentences that fall outside the guideline range. It’s important to note that the government typically does not provide this information voluntarily. By utilizing the Presentence Report, the court can make informed decisions about variances in sentencing.

1. Counsel aims to determine the “dictation date,” which is the deadline for the P.O. to complete the initial draft of the official Presentence Report (PSR).

Upon commencing their work, the counsel and client are promptly informed of the specific timeline requirements to complete their respective tasks. Any legal or personal concerns that the client may have must be addressed within the given time frame, in addition to preparing for the upcoming interview. All necessary steps must be taken to ensure that the entire process runs smoothly and efficiently.

Requesting a minimum of three months to prepare for the interview is imperative. This request should have been made during the guilty hearing, and the judge must agree before setting the sentencing date.

Counsel should contact the PO before they speak with the Prosecutor. It’s important to build a relationship and assess what the PO knows. This allows the council to explain its position because the PO was not present in court and has not formed an opinion yet.

They may still have an open mind if they have not spoken with the prosecutor.

If the PO had already spoken with the Prosecutor before they ever met/interviewed you – they may have already been influenced, just not in your favor.

Your attorney aims to make their case and position with a personal meeting.

As you work on your personal narrative, it will undergo several revisions before reaching its final form. This is your chance to tell your story authentically and sincerely, taking responsibility for your actions. As you are writing try and keep in mind what your judge and Probation Officer are looking to hear and feel from you. By keeping these points in mind, will go a long way as you begin to tell your life story. Your Personal Narrative, as an integral part of your Presentence Report and will reflect your unique perspective on the events that led to your arrest.

Begin by writing your Release Plan, then prepare an Allocution for your conversation with the judge during sentencing.

When it comes to the Sentencing Hearing, remember to speak from your heart and answer the Judge’s questions truthfully. Your honesty will shine through and be heard by the Judge.

When making a prison placement request, Counsel will provide reasons for the request, such as medical or FSA programs.

BOP Example: FPC Alderson,

Counsel will outline each factor for the PO to consider under 18 U.S. Code § 3553

Part E (assistance in the investigation or prosecution of another, section 994 of title 28)

Part F (sentence below the guideline range under 18 U.S.C. §3553(a)) 

Defendant does Not Have:

1) more than 4 criminal history points, 2) a prior 3-point offense, or 3) a prior 2-point violent offense

• did not use violent threats
• did not result in death or injury
• was not an organizer, leader, manager, or supervisor
• defendant has truthfully provided the Government with all information and evidence

If the probation officer is open to a variation, persuading the court to impose a sentence below the guideline range could be crucial.

If your client is sentenced to prison, the Presentence Report (PSR) and Statement of Reasons (SOR) are crucial documents used by the BOP to determine their future.

During the probation officer meeting, the information presented will play a vital role in determining the client’s placement. Depending on the severity of the offense, the client may be sent to a dormitory-style camp or a maximum-security prison. This decision is especially crucial in complex cases involving multiple counts, various methods of calculating the guidelines and identifying the most appropriate guidelines to follow. Therefore, the information presented during the meeting must be accurate and comprehensive to ensure a fair and just outcome for all parties involved.

Establishing a connection with your probation officer by means of personal communication can be beneficial for your defense attorney to present their interpretation of the case, particularly in intricate cases.

To ensure the best outcome for the case, it may be beneficial for the lawyer to schedule a personal meeting with the Probation Officer (PO) if they were absent during the trial. As Probation Officers have a demanding workload, it is important to approach them with understanding and offer any assistance possible to ease their burden. By taking these extra steps, the lawyer can ensure that the PO understands the case and their position, which can positively impact the outcome.

It is advisable to promptly write a letter to the PO presenting your complete perspective on the case.

Before requesting relief from the Guidelines, having the Probation Officer and Assistant U.S. Attorney (AUSA) understand your client’s behavior and role in the offense is important. Also, ensure everything is completed and handed in before the interview and dictation date.

If you’re getting ready for a trial, it’s always wise to seek guidance from a Federal Defender on how to familiarize yourself with the judge’s preferences. You should inquire if the judge reads sentencing memos and character letters, and if yes, how long they should be. It’s also important to consider whether there are any issues like overcrowding, staff shortages, or any other factors that may impact your client’s ability to access the necessary services. By taking these steps, you can ensure that your client receives the best possible outcome.

 

Mental Illness: Was this a contributing factor, or has there been significant abuse or trauma? Either way, they should be evaluated, and if you are unsure of a local expert, ask the prosecutor for recommendations.

• If there is a current treating therapist, it is best for all if they appear as witnesses; most judges would rather hear from a treating physician than a doctor for hire. This is not to put down experts, as they provide expert testimony that can only come from a select few.
• If, on their own, treatment was started before the indictment, Guilty Hearing, PSI, or Sentencing, all the better. (AA, NA, GA, Psych. Counseling); this needs to be included in the PSR, Sentencing Memorandum…
• A White Collar defendant, where after an extensive interview, the following is the result of a mental evaluation,
• Exceptionally bright, high-functioning, and very successful individual.
• He/She is very skilled, highly motivated, and works 18-20-hour days for money-promotions-privileges.
• The client is an obsessive-compulsive perfectionist.
• Suffers from depression and anxiety.
• Having an overwhelming desire to be successful, personally and financially
• This may cause an ordinarily law-abiding person to “cross the line” into inappropriate or illegal behavior.
• Familiar?
• Later diagnosed with bipolar disorder
• Latest statistics by the U.S. Sentencing Commission
• 6 percent of inmates received downward departures for diminished capacity (U.S.S.G. §5K2.13).
• If half of the inmates have symptoms of mental health problems,
• yet only 2.6 percent are receiving departures, are the judges simply insensitive?
• Or does the problem lie at the feet of the defense counsel, who is not taking the time to investigate the client’s social and psychological history thoroughly?
• Unfortunately, I believe it is the latter.  Tess Lopez.

 

Character Letters: only pick out a few to discuss in the memorandum, but add at the end that “there were another 50 that all said similar things, and the PO has those.”

If an employer is willing to write a character letter that says they will rehire you due to your skills and character once you are released – that is a Great letter for The NARRATIVE and Release Plan. 

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The Sentencing Memorandum is best submitted approximately seven days before the sentencing hearing,

Corroborate your defense and placement request with the appropriate supporting documents, albeit a doctor’s letter/ report/ medical/treatment records, etc. Remember to document, document, document.

All of this is preferably done under seal via the Probation Office so that the information is appended to the PSR when given to the BOP.

Therefore, including it in some manner during the Presentence Interview is optimal.

In The Sentencing Memorandum, give the Judge 1 or 2 cases with the highlighted pertinent points; if there is a video or pictures, include those. 

1. 18 U.S.C. §3553(a)(2)(D) requires a sentencing court to consider The Nature and Circumstances of the offense and The History and Characteristics of the Defendant. In the client’s NARRATIVE, most of this should be covered.

To determine which 18 U.S.C. §3553(a) factors apply, while someone with experience should:

1st) Conduct in-depth (multi-hour) interviews with the defendant, should an evaluation be needed (even in White-Collar). Now is the time, and

2nd) plus having the time (multi-hours) to speak with family members, close friends, and business associates or trusted employees to understand the person better.

As most Officers do not have ‘any’ time, at times, this is left to counsel to do themselves. This provides the opportunity to discuss hiring someone to do this part of the background work, or it may just not get done.

Evaluation of the care needed for a client’s medical condition – may support a cost-related (home confinement) argument.

This is most apparent in defendants diagnosed with a terminal illness or a diagnosis that falls outside the scope of what the BOP can provide (Long-Haulersor Post-COVID).

The cost of incarceration should also be factored into whether a sentence is “greater than necessary.”

Last are those, where appropriate, emphasizing to the court what the client would be doing if not incarcerated (i.e., working, supporting a family, paying taxes, and/or restitution).

 

The Presentence Report Determines Your Future – So Preparation For Your Interview is Vital

• Judges use the PSR to determine the length of a sentence.
• The Bureau of Prisons (BOP)uses the same PSR for prison placement.
• The PSR is again used by Probation during Supervised Release.
• Lastly, this same PSR becomes a permanent part of your record and the Inmates Bible – It truly is, the gift that keeps on giving.

In this YouTube, I cover what you can bring when you self-surrender. The optimal time is before noon and then before 4 P.M. In the weeks before, there is additional planning, which I cover below.

1) WHAT HAPPENS WHEN YOU SURRENDER?

• Learn what prison you have been designated to.
• If it’s a Satellite Camp – You Surrender to the Higher Facility or Prison.
• While the Higher Secure Prison may house Violent Persons, you will not (Should Not) be interacting with them.
• You will Interact with the staff, and as they deal with Violent persons (or higher security persons), their attitude toward you may reflect the same harshness.
• …in other words, it won’t be a warm welcome or warm first impression.
• Bring actual or copies of your Driver’s License, Social Security Card, Medical File, prescriptions for your Medications, and Medical Device, if applicable.
• If you owe and Paid your Restitution, bring Proof and contact your attorney ASAP to get that to you. Next, once paid, you can keep any amount of money in your Trust or Commissary account.
• Sending Money: Western Union $3 – $500, MoneyGram is $300 Max, BOP Lockbox is any amount.
• Wedding Band, Religious Neckless; Max value of $100 is permitted.
• Release Plan, Phone Contact list (No Color, Not Double Sided): Bring it saying that you read online that this was important, and I wanted to give it to my Case Manager. You can also mail it to yourself that day [no more than three pages per envelope]).
• The soonest early release is after you’ve served 25% of your time.
• Letters to your PO in the District of your Permanent Legal Residence.
• The 1st Case Manager meeting is within 30 Days.

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2) ENSURE A SMOOTHER PROCESS WHEN YOU SURRENDER 

1. 1. Verify with all parties that the receiving facility has received all the required judge’s orders for your arrival before you get there, 18 U.S.C. § 3621(c).
      • If you arrive before your commitment orders (no matter how rare that may be), you may find yourself being placed in an Isolation Cell, and now that they have you, they’re not likely to let you go.
      • If we have prepared you, you will have books arriving soon, which should take the edge off should they keep you in Isolation longer than several days.
   2. If you’re ultimately designated to a ‘satellite’ camp, know that you must present yourself to the adjacent, ‘higher’ secure facility – not the satellite camp. If you’re going to a Free Standing Federal Prison Camp (FPC), No Worries, and you will not be facing most of these challenges.
      • Also, know that at the higher secure facility, you will likely see prisoners in handcuffs and shackles, guards with long guns, guard towers, etc., so just an FYI.
      • Being prepared is essential – as this is not the time for surprises. This is because every client will deal with the emotional aspects of “prison,” each in their own way, especially if it’s their first time.
   3. Once inside you will be screened and given a change of clothes. The clothes they came with and peripherals will then be boxed and mailed to your ‘legal residence’. You’ll also have to strip, squat, and cough.
   4. The copies (or originals) of your birth certificate, passport, driver’s license, and social security card will all be kept and returned to you at the time of your release.
   5. What Not to do while you’re there,
      • No Alcohol, Drugs, Gambling, or Sex with Inmates or Staff.
      • When you’re first there, keep a low profile until you understand prison better; look for someone like you.
      • No chit-chat, casual talking to guards.
      • Don’t be an informant.
      • Don’t use anyone’s Cell Phone.
      • It’s normal to be apprehensive at first.
      • Emails and USPS letters are read, and calls are monitored (Never do a 3-WayCall)
      • Don’t use someone else’s medications.
      • The TV Room is under others’ control – don’t change the channel if others are watching TV.
      • Don’t miss counts, find out where the Call-Out Sheet is, and look at it daily for your name.
      • Be Respectful to other inmates, their personal space, and staff.
   6. Be aware that banks and different investment, mortgage, and other loan companies may elect to close your accounts due to your charge(s).
      • Be sure to have someone you trust notarized as your Power of Attorney. They could also be your Emergency Contact person with the prison and for your visits.
      • Start looking at smaller local banks, possibly in different states, and look to open different accounts.
      • To not get financial penalties as some of your investments are being forced to close, here too, look for other places to move your funds to avoid those penalties.
   7. Case Managers will be looking for Personal Growth and Development in addition to your taking the First Step Act (FSA) Programs. To keep a record your yourself, like insurance – where you don’t need it, until You Do.
   8. Reading Books (Non-Fiction) for Personal Growth,
      • Amazon sells cheap paperback journals with lined pages, but they will also need writing inside – because the BOP may not let in blank pages. These can be inspirational quotes, religious, or anything, but something is necessary.
      • Constructive Learning. Whatever you are interested in, Art, History, Famous people, Banking, Real estate, or if you like to paint or draw, then do that.
      • Now The Journal. Every day, start a routine for yourself once you get inside. Every day, write what you’ve done,
        • 1) you’ve taken an FSA Class [note the day, time, class name and find something that you learned],
        • 2)  note every conversation that you had with a correction officer (BOP Staff), just in case…
        • 3) once you start reading BOOKS (Non-Fiction), again [note the day, time, book, and find something that you learned and may want to implement later].
        • 4) As you document your journey, this is also Building your Release Plan
        • 5) You’ve been educated to the max as a Ph.D., Doctor, Lawyer, Scientist, etc., so consider teaching a class to inspire those around you.
   9. Reputation Management. Create a website for yourself before you surrender, and then email home everything you’re doing to rebuild your life. So far, all that is there is your INDICTMENT, and Reputation Management Companies don’t hold in the long run. I’ve paid for it, and it hasn’t held.
   10. Once you enter the BOP, this is another Planet. Frustration and Disappointment are to be expected and will test you to your core.
       • Please don’t vent your frustrations to your unit team and case managers; you will only worsen things for yourself. For you, this period is Temporary, but for the BOP Staff, this is their job; they are here every day and have heard every complaint. Please stay under their radar and don’t get the reputation of a complainer.
   11. When you first arrive, as soon as you can get to a computer, take your first SPARC 13 Assessment Questions, because without it, you may still be offered Programs to take, you just will not get any credit.

3) WHAT YOU CAN BRING: (P5580.08)

1. 1. Wedding band, Bible, under $100.
   2. Bring verification if you have had all your Flu and COVID vaccines and boosters.
   3. Prescriptions for Medical Devices and Medications (2-3 weeks recommended; at worst, they are thrown out); at best, they are available for your use. When surrendering on weekends or holidays, the BOP may allow these to be used if not available from their on-site pharmacy, medical devices, and glasses (that are not made with metal).
   4. ID: birth certificate, passport, driver’s license, and social security card. Copies or originals: It depends on how long your sentence is, and whether you will remember where and who holds your document originals.
   5. Cash may or may not be allowed, but you can try: $320 ($370 in November and December). Otherwise, use either Money Gram or Western Union, as the funds will be deposited within hours.
   6. Legal papers (not your PSR) can include your Medical File and personal contact list. List of personal names (including phone numbers and addresses). Type on the back of a page from your court case, and put it in an envelope labeled ‘Legal’ to take with you when you self-surrender.
   7. Schedule your list of books you’d like to read to start being sent (2 at a time) 2 days before your arrival, lasting most of your pre-calculated stay.
   8. Don’t arrive at lunchtime.
   9. Do present to the higher security facility if you are expecting a satellite camp.
   10. Speeding is sometimes understood at three mph over the limit when driving to surrender.
   11. Arrive early.

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4) THINGS TO UNDERSTAND AND PREPARE FOR BEFORE YOUR SURRENDER – POSSIBLY LEADING TOWARD EARLY RELEASE

I. Compassionate Release – What is this?

II. RDAP: What is this, and do I Qualify?

III. Your Reentry/Release Plan – Is this Important? What is this?

IV. FSA—How does it work? What is this? In this video, I review how to implement The First Step Act (FSA) successfully.

 

V. Case Managers, what power do they have on me, and who are they – what do they do?

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WHY A RELEASE PLAN?
THIS IS ALL ABOUT PREPARATION; YOU WILL BE GOING HOME ONE DAY
SUCCESS IS A MENTAL PROACTIVE DECISION – THAT DOESN’T HAPPEN OVERNIGHT

I’m here to help you Navagate Through What You Going To Encounter – Because I’ve Been Where You Are Now, And Understand Your Fears

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VI. Who should you tell the prison to call in case of an Emergency?

VII. What are the BOP policies for phone calls, email, and personal Contacts, and how do you get money for the commissary?

VIII. Do you have a business that will be running while you are in prison? What can and can’t you do?

IX. Understand Your Medical Needs – Is your healthcare available? This is a big deal. Yes, you can get Surgical 2nd Opinions –  and there may be a 1-3 year wait to get an appointment. After the medical 2nd opinion consult reaches your medical team, The BOP Is Under No Obligation To Follow It.

X. Financial Considerations

• • Banks, Power of Attorney, and what they have in common. 
  • You have a court-ordered Financial Penalty, so understand its impact on your life in prison and release date.

XI. Did you know that your Judge wants to learn about you because Crimes Do Not Occur in a Vacuum;

• • Narrative,
  • Allocution,
  • Reentry/Release Plan
  • Letters That Attest To Your Character
  • Are you Prepared?

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Call 240.888.7778 for a personal one-on-one call
to discuss your current issue or that of a loved one.

-Marc Blatstein

We are not Attorneys; you need Legal Representation.

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.

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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.

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.

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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.

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YOUR STAKEHOLDERS

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 – and only Your 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, 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

II. NARRATIVE,

III. REENTRY/RELEASE Plan and answers to the,

IV. Answers To The FSA SPARC-13 Assessment – ‘Questions,’ with them all 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 more personally.
• Some may appreciate your efforts and become advocates since they are overworked and have no time.

4.     The Prosecutor 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.

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CLIENT PREPARATION: THE WORK YOU DO – IS ADVOCATING FOR YOURSELF

The Personal Narrative, Reentry-Release Plan, and answers to the SPARC-13 Assessment 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.

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PERSONAL NARRATIVE. 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, 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.

18 U.S.C. § 3553 – Imposition of a Sentence

1. 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].
2. 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 8a)Rule 35. Correcting or Reducing a Sentence, or 8b) Offenders who cooperate with the government in its efforts to prosecute others can receive credit for their “substantial assistance” in at least two ways.

• 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!

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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. 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.”

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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.

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ALLOCUTION. You may begin 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.

• Remember what Federal Judges think – They’re interested in introspection and how he/she has come to grips with the impact of their offense on others…

Several memorable Statements/Allocutions that positively impacted these Judges,

1. “No punishment will be enough. If I could go back and change everything, I would.”
2. I am persuaded that the defendant is sincere and demonstrates insight into the crime.
3. Allocution is very important, “I’d like to have a conversation with the defendant.” 
4. I want him/her to apologize to the victim and their family, mainly if they are in the courtroom.
5. “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.”
6. “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…

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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.

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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?

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