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.

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.

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?

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

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?

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.

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.

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 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.

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.

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!

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.”

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 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…

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?

MORE THAN WHISPERS – You’re Target #1: The FBI’s Coming

If the Rumors and whispers that the FBI is poking around are true…

I’d take that seriously.

HELLO AND WELCOME. MY NAME IS MARC BLATSTEIN, AND I AM THE PHYSICIAN WHO FOUNDED THE PHYSICIAN PRESENTENCE REPORT SERVICE

You’re Now The Target of The FBI – What Are Your Options?

If you’re hearing FBI whispers,

Start interviewing attorneys, ask questions, get references, and ask to see several Sentencing Memorandums written for previous clients with similar legal challanges

Then, be honest with your attorney and yourself regarding your case. This is not a trick question, as it’s taken me time to see how I was at fault. Your attorney doesn’t want surprises because you are the only one who suffers.

PSI Preparation is crucial – You Are your best and only Advocate

Ask yourself long before your presentence interview:

•        Do you have confidence in your defense?

•        Do you need additional team partners who are specialized in, Sentencing Mitigation, Allocution, Personal Narrative and Reentry Release Planning and Advocacy

If Not,

·       There are No Redo’s ⇒ this is Your Future ⇒ Speak up now

PREPARATION and SELF-ADVOCACY are CORE VALUES

PREPARATION:

Attorney Interview, Working together – must be a Joint Project

• Decision #1: Trial or Plea

PRACTICE Role Playing: Your Allocution and Your Attorney’s Statement for the Sentencing Hearing

• Your Personal Narrative could take a month or more to write

The Memorandum will be given by your Attorney

• Your Presentence Interview (PSI)

Your Narrative is weaved into your conversation with your PO for placement into your Presentence Report (PSR), which is now complete.

SELF-ADVOCACY:

•        Relies on the skills that made you successful, some being “Self-Motivated”

•        At your Attorneys request, your Personal Narrative was included in Your PSR

•        Reentry Planning

•        Sentence Mitigation Strategies are employed before Sentencing and During Incarceration

YOUR PREPARATION

• Working Together With Your Attorney At Every Stage

1st) Be honest with your attorney about everything – Plea or Trial – Nobody wants surprises

2nd) Your PSI needs to include everything about you.

In addition to all your Biographical Background information, Medical, Character References, Education, Legal, Etc.

Your attorney has connected with your PO before your Interview to get a “pulse” on how much they know, to present their case/defense strategy, and learn the date the PO must have their final PSR completed and submitted to their supervisor.

• RDAP (if applicable): Include it now, because if it is not there, and you need it later to reduce your time, that may be a big lift.
• Compassionate Release (medical issues, transplant, medications (physician testimony)
• FSA Programs, your attorney will be able to review or know your PSF, and if any of the applicable programs apply;
  • Autism, Borderline Personality Disorder, Anger Management, etc.
• Your Personal Narrative needs to be finished before your interview so;
  • That you know it, cold, and discuss it in 1st person with your P.O.
  • It should be able to be, copy-pasted directly into the P.O., Presentence Report
• This Is  Your Story: In Written and/or Video Format

3rd) Time must be allowed for the development of your Personal Narrative.

4th) The PSR is Now Complete and should Include all the Above, including your Personal Narrative – which Judges want to see.

 5th) Time is spent practicing your Allocution for your sentencing hearing with your attorney.

1.     If the Judge is aggregable, due to your allocution, they may Depart below the guidelines

2.     If RDAP is applicable (it’s referenced in your Presentence Report) now, your attorney can ask for it to be put into the order, and if the judge agrees, then

3.     Politely, also request for 1 specific BOP prison, based on a specific BOP program (camp eligible < 10 years), also to be put into the order.

• Additionally, if the BOP is unable to make the placement, could they inform the court why, in writing?

SELF-ADVOCACY  Allocution – Your Personal Narrative

Federal Judges Have Their Say

THE FEDERAL LAWYER • September/October 2019, VIEWS FROM THE BENCH, Own the Mistake and Demonstrate Sincere Remorse

Judge Richard G. Kopf of the District of Nebraska,

Judge Jon D. Levy of the District of Maine in Portland,

Judge Patti Sarris of the District of Massachusetts

Judge Cynthia A. Bashant;

Judge Morrison C. England Jr;…one of the biggest mistakes defense lawyers can make is not having their client answer the question…

Judge Lawrence C. O’Neill,

Judge James K. Bredar—says he comes out on the bench with a sentence already in mind. “Allocution, however, changes this when I see the defendant has insight into the harm he has done.”

NACDL, The Champion • March 2011, Heartstrings or Heartburn:  A Federal Judge’s Musings On Defendants’ Right and Rite of Allocution,

Judge Mark Bennett: A Good Allocution Can Be Beneficial

Here’s what Federal Judges Want To Hear

We’re interested in a defendant who has the capability of introspection and who has come to grips with the impact of his offense on others

 “No punishment will be enough. If I could go back and change everything, I would.”

I am persuaded that the defendant is sincere and demonstrates insight into the crime.

Allocution is very important, “I like to have a conversation with the defendant,”…

I want him to apologize to the victim and his or her family, particularly if they are in the courtroom.

“Allocution, however, changes this when I see the defendant has insight into the harm he has done,” when I see the defendant has insight into the harm he has done”

 “I am looking for remorse and insight as to why he did what he did and what he is doing to make sure that it doesn’t happen again.

“It’s very important that lawyers prepare a client for allocution, even if they have gone to trial and do the job that they are retained to do.”

Start paying restitution, even $25/mo, and don’t show up at court in a $900 luxury car.

 

You’re Now The Target of The FBI

You Have A Choice

PREPARATION FOR A SUCCESSFUL LIFE AFTER RELEASE

Marc
240.888.7778
Physician Presentence Report Service

No matter where you are in The Process, there are things we can do.

* No Physician,  Attorney, or Consultant can promise any outcomes.

Who Served the Most Time In Prison?

Ex-Cons Rank Themselves

Who Do You Think?

-You Can Never Know-

YOU TOO

CAN CHANGE YOUR NARRATIVE

Second Chances Happen

The Presentence Interview Investigation Report 

The Personal Narrative

Start  preparation as early as possible after your conviction,

* Your attorney should reach out to the Probation Officer

* When is the initial Presentence Report “date due”

* Defense can be 1st to explain your position if the PO was not at trial, and has not already spoken with the Prosecutor

* They still may have an open mind.

A little extra effort goes a long way …

* Consider presenting your client’s biographical history that explains your position in an “organized” letter to the PO, ASAP.

* As Probation Officers are: Very busy – Doing their best – and Never have enough time.

• They may appreciate your efforts in easing this portion    of their workload,

* Remember, a little effort does go a long way.
DrMB@PPRSUS.com

Take Ownership of Your Defense – What Happens When You Don’t

I wanted to do this podcast regarding a phone call that I had earlier this morning. Someone who has a disease and is on medication., and yet his attorney had not prepared all his medical records – or any of his medical records for his PSR and sentencing hearing.

Speaking with him this morning, I was taken aback to learn that he had already been sentenced. Here I was trying to ask questions and learn how it was he was sentenced with an incomplete pre-sentence report. – That didn’t make any sense.

But, if the information I learned was accurate, his presentence report was incomplete.

The person’s main concern was that his medication did not appear available on the BOP online Formulary. Initially, I must give credit to this gentleman and his wife (who is in school to be a nurse practitioner). They recognized that the medication was not on the formulary, which is not easy to figure out – it is a complicated table.

As he was to surrender in the next 45-60 days, my recommendations were to meet with his treating physician to:

·        Get copies of “all” his records

·        Copies of his prescriptions

·        Review the BOP Formulary with his physician to see if there were any acceptable medications to substitute.

·        If Yes, he needs to get a copy of this new notification regarding a medication change, due to the BOP Formulary

• Get a hard copy of the prescription and fill it.

·        If No, and this is a Continuity of Care and/or life-threatening issue, then appearing in court at the Sentencing Hearing is preferred, as Judges would usually like to question the Specialist. The challenge – he has already been sentenced, so I suppose he will call me back…

While I hope this Case Is rare, it points out that every defendant must take ownership of all aspects of their defense once they’re indicted.

Then, Be honest with yourself (and your attorney) regarding the case’s facts, and start interviewing attorneys.

·        Ask for referrals to speak to some happy clients, then.

·        Ask to read some of their sentencing memorandums in cases like yours.

·        The goal is to see if they’re the same or if each is individualized – In the same Criminal defense space.

·        If the attorney says this is private information, which is understandable, agree and then request that they block out all personal information.

Then you just can’t assume that the attorney is going to do everything right – which is why I am doing this podcast.

• This must be a partnership with your attorney.

 So, what does that mean? This partnership extends into preparation for the pre-sentence interview. Which will impact your future.
The short version is that the probation officer’s responsibility is to Interview you., Investigate, and then draft the Presentence Report (PSR).

• They then provide your PSR to the judge and their recommendations for your sentence and placement.

Part I) So, how do you take Ownership?

First. Your attorney reaches out to learn who your probation officer is, and then contact them.

Assume that the probation officer has Googled you &/or spoken to the prosecutor. Because if they have, then they may already have a bias Against you,

Why, because the Justice Department has already released all the information about you that makes you look horrible.

1st           So this first step by your attorney reaching out to the PO, Sets the Tone 

• For Your Defense, it allows them to hear from
• you first before they’ve been 
• tainted by others’ perceptions of who you are. 

This allows them to make their case regarding their defense strategy, on the record – to the PO. This is followed by a very organized, detailed letter that details this strategy.

They will also Ask the probation officer:

• what documents they will need at the time of the interview.
• What date is best for them to do the pre-sentence interview?
• And what is their final dictation Deadline date to have their official pre-sentence report due to their supervisor?

2nd          Review with your legal team that all the information you have collected, to ensure all your background information is available and accurate

3rd         The PO has scored your Public Safety Factors (PSF), Management Variables, Criminal History Score, Offense Level (current charges), 

• Be prepared, so should you and your attorneys

4th          RDAP Eligible, Then INCLUDE It. I didn’t, and I stayed a bit longer inside…

5th          Don’t try for a CARE LEVEL III or IV unless it is required because it houses both violent and non-violent offenders
Part II) So how do you take Ownership?
You, as the defendant has jobs. 

1st           You must collect All of your biographical background information.

Copies of all your medical and mental healthcare records and your physician’s contact information (name, Phone number, address, e-mail.)

Copies of all surgery reports, medication prescriptions, and medical devices. 

·        If you’ve had any hospitalizations, copies of those records.

·        If you’ve had any sort of laboratory blood test, copies of those, or X-rays, CT scans, MRI scans, PET scans, or ultrasounds, all of those will have reports associated with them. You need to get copies of everything. 

• You should also get them on CDs. 

·        While you’re doing this, it’s been my impression that most people don’t have a copy of their medical records. Therefore, it would be simpler if you asked for two copies of everything from each provider of all these documents. 

Next, you will have to get copies of your birth certificate, driver’s license, Social Security card, and passport.

Also, the highest level of education that you’ve achieved, if you’ve been in the military, what’s the highest rank you had, and what type of discharge? Any certificates – include them.

Character reference letters. 

Those writing character reference letters (or references about your character) must include that they know you’re facing a criminal charge. 

• They should reference good deeds that they have seen you do, tutoring, and volunteering. 
• It also could be letters from former employers who say they know you are willing to rehire you. A VERY BIG DEAL

 2nd          Your Personal Narrative – takes work, and starts with writing your life story, the good, the bad, and the ugly. 

• If it starts a book, great, it will be re-written, multiple times and distilled until it represents 

·        You- YOUR REMORSE TO THE VICTIMS – HOW YOU GOT TO THIS POINT = NOT TO BE REPEATED

3rd          Reentry Planning: Starts now, extending through the prison, RRC, and supervised release

When I was sentenced – I WAS UNPREPARED

This is why I was concerned during this conversation, and my recommendations were simple:

·        Meet with your doctor and let them review the BOP Formulary Drug List for a substitution

• Get copies of all of his medical records, lab tests, surgery reports, physician contact information, and all of the X-Rays, CTs, MRIs, Ultrasounds, and any other scans both in a report form and on CDs
• Put them in a big envelope, labeled legal mail for his surrender

·        Don’t forget about Your Personal Narrative and Allocution

This is why it’s important to participate in your defense – I sympathize with those who like me, are “The deer in Headlights.” But the “Symbolic Act” of participating in your defense, that “taking back Control” will begin to slowly build the Confidence back that made you the success that you are

REMEMBER – THIS IS TEMPORARY
Dr. Blatstein
240.888.7778