Search results for personal narrative

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

By inDr. M Blatstein's Blog

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

FBI arrests Bankman-Tried in massive Crypto FTX fraud

By inDr. M Blatstein's Blog

FBI arrests Bankman-Fried in massive Crypto FTX fraud

Trial or Plea. Feds have a 98+% Conviction Rate
Trial: AUSA Gets the publicity of a win
Plea: Still a long sentence, but less.

How he can help himself – if he can;

  • Self-reflection
  • Take responsibility
  • Remorse for the Victims – Heartfelt
  • Take the time to think, about his childhood, what brought him to this point
  • This could take months
  • Then put this in writing, as a letter, a story, from the heart and honestly
  • This over time could become his: Personal Narrative
  • And when in conversation with the Judge, His Allocution

8 COUNTS
COUNT I: Conspiracy To Commit Wire Fraud on Customers
18 U.S. Code § 1343 – Fraud by wire, radio, or television: shall be fined under this title or imprisoned not more than 20 years, or both. (Title 18, United States Code, Section 1349.)

COUNT II:  Wire Fraud on Customers
(Title 18, United States Code, Sections 1343 and 2.)

COUNT III: Conspiracy To Commit Wire Fraud on Lenders 
18 U.S. Code § 1343, (title 18, United States Code, Section 1349.)

COUNT IV: Wire Fraud on Lenders  – 20 YEARS
18 U.S. Code § 1343,

COUNT V: Conspiracy To Commit Commodities Fraud
Title 17, Code of Federal Regulations, Section 180.1,
Title 7, United States Code, Sections 9(1) and 13(a) (5),
(Title 18, United States Code, Section 371.)

COUNT VI: Conspiracy To  Securities Fraud
Title 17, Code of Federal Regulations, Section 240.10b-5,
(Title 18, United States Code, Section 371.)
Individuals face up to a 25-year sentence and business entities face fines of up to $25 million.

COUNT VII: Conspiracy To Commit Money Laundering
Title 18, United States Code, Sections 1956 (a) (1) (B) (i) and 1957(a)
(Title 18, United States Code, Section 1956 (h).)

COUNT VIII: Conspiracy to Defraud the United States and Violate the Campaign Finance Laws
Title 52, United States Code, Sections 30109(d) (1) (A) & (0).

Healthcare, You’re The Target – DOJ and HHS White-Collar Task Force

By inDr. M Blatstein's Blog

DOJ and HHS Enforcement White-Collar Task Force
You suspected that you were an FBI Target, but just not convinced, 

First, is getting a great WHITE-COLLAR criminal defense attorney, whom you trust, then you have,
Two options; Trial or Plea.

·        Trial (or Plea): The costs could easily exceed $100, 000 ++

·        Trial: While the goal is to win, understand that should you lose,

·        Here The US Attorney will request a longer sentence (payback!) –

·        But if you and your attorney are Confident – Stay Strong!

GUILTY

The probation officer controls your future. They conduct your interview, draft the presentence report, and can sway the court regarding your sentence length and placement.

Preparation for your Presentence Interview (PSI) cannot be overstated, your future depends on it.

·        First contact. After “guilty”, it’s helpful for your attorney to

·        connect with your Probation Officer, to

·        learn the date for their “dictation deadline”, which is the date that their Presentence Report (PSR) draft is due to their supervisor,

·        plus the date for your interview.

  • This provides the opportunity to get your ‘message’ to the officer
  •  before they speak with the prosecutor or
  •  Read online, which is biased against you.

·        Generally speaking, when working with the probation officer, a little extra effort goes a long way.

  • Consider presenting your entire view of the case, clearly in a letter to the PO as soon as possible.
  • If you feel the PO is receptive to a variance, this may be key to convincing the court to consider a sentence below the guideline range.
  • Consider presenting your entire view of the case, clearly in a letter to the PO as soon as possible – getting your message “on the record”.
  • As Probation Officers are very busy, doing their best, and never have enough time, they may actually appreciate your efforts in easing a portion of their workload,
  • Remember, a little thoughtful effort does go a long way.

The Probation Officer (P.O.) will write the official Presentence Report (PSR), and with it,

·        The Judge will determine the length of your sentence.

·        The Bureau of Prisons Administration uses the same PSR to place or designate you in a prison.

  • Your Unit Team, Case Managers, Psychologists, and Medical will refer to it throughout your stay.
  • Visitation is determined by it

 

Are you happy about the DOJ Narrative Story they have released to Google about you,


No,

Then start working on your

Personal Narrative, it’s your chance to explain your narrative to the Judge.

1st. Express remorse for the victim(s), understanding their pain, suffering, and how it has impacted them.

2. Agree with the court as to the seriousness of the crime, without minimizing it. Expand on this topic

3. What in your life brought you to this moment, what happened that caused you to do this?
a. You can expand on this, with salient points from your childhood, while,

·        Get feedback from a consultant, attorney, or someone with this skill

·        If there was a “trigger,” what was that trigger, and how do you remove it from your life?

·        It will be a slow start, but when complete, you will be a different person, with a unique Personal Narrative or Story to tell directly to the Judge.

·        It is now Your Story, Unique and Honest.

4. What has this experience taught you? Did it bring up moments from your past?

5. Explain to the Judge that you have a plan (ONLY IF YOU DO) to start making this right with those you have victimized

6. What is your plan to never re-offend, and you will NEVER Be Back Again In Their Courtroom? 

Meanwhile, you have been,

1.     Collecting copies of your medical records

·        Hospital, laboratory, radiology, physician, surgical, prescription, and medical devices.

·        As all of these take time, medical practices are also very busy – so don’t wait.


2. Other records:

·        Educational, military, character, community service, work references, original birth certificates, social security card, license, etc, and, you get the picture.


3. Of significance to your life in the BOP;

·        Bottom Bunk: Past medical history of Tinnitus, vertigo, or back problems.

·        Diabetic Soft Shoes, Sneakers Instead of Rigid Institutional Boots: Past medical history of a torn Achilles heel, knee, or hip issues

·        Being of a certain age / Having weight, or a Hernia issue: could result in getting passes of “no standing for prolonged periods” and/or “no lifting over 15 pounds,” helping you escape some of the crappier work assignments.

·        “Medical idles,” which get you out of everything, are also available, either short or long-term, for various ongoing ailments (ranging from a bad hip to PTSD).

 

Once the PSR is done, these can/should be checked for accuracy

PREPARATION: The PROBATION INTERVIEW (FORM) starts out with; can you explain what happened, and then follow a format similar to this outline, which could include:

VICTIM IMPACT: The chance for victims to speak

OFFENSE CONDUCT STATEMENT: Review for accuracy

USSC CRIMINAL HISTORY: A scored calculation based on criminal history

USSC OFFENSE LEVEL/CONDUCT: A scored calculation based on your current charges.

OFFENSE LEVEL/CONDUCT VS CRIMINAL HISTORY

PUBLIC SAFETY FACTORS vs MANAGEMENT VARIABLES: BOP placement guidelines

OFFENDER CHARACTERISTICS: Through conversation, the officer learns who you are. Saying nothing leaves ‘all’ including the court to believe what the DOJ has released to the press is 100% true. If Not, THEN THIS IS YOUR TIME TO TO WRITE YOUR STORY/NARRATIVE AND PROVIDE YOUR PERSPECTIVE

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, Raynaylds 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 reconsider using these.

MILITARY: Copies, branch, discharge?

EMPLOYMENT: The PO will check. Judges love a good 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 writes into the record that payments should only start after release from the BOP.

·        Financial Responsibility Plan (FRP). If you have a hefty fine or restitution, and money is a problem, the BOP ‘FRP’ Program requires participation. If you refuse, this could hinder your involvement in PATTERN Programs’ efforts towards early release and Halfway House along with restricting some of your commissary use.

It may help if your attorney could ask the judge to write into the order, that the defendant does not have to participate in the Financial Responsibility Plan until after they are released from the BOP, as they have a job and will then be able to make payments at that time.

Otherwise, be proactive, and at your first team meeting, offer what you can ($0.00/month) towards your FRP account. Be aware that at your next team meeting, they will know exactly how much money you have spent, and it’s too early to create a bad – first impression.

12/17/2022, I learned today that a Judge recently put into their “Order”, that the defendant has to pay $25/quarter.


ADDITIONAL DOCUMENTS THAT LIKELY WILL BE NEEDED

·        Birth or baptismal certificate

·        Divorce decreeDraft registration card Immigration papers or passport

·        Employment verification (pay stubs)

·        Income tax reports for the last three years

·        Letters of (CHARACTER) recommendation

·        Marriage certificate Car registration papers

·        Medical reports (if presently under a doctor’s

·        Military disability information (C-number)

·        Military discharge certificate

·        Naturalization papers

·        Professional papers (COPIES: Social Security Care, Drivers Lic., certificates, licenses, or Seaman’s papers permits)

·        Proof of residence (rent receipts, property and Union, lodge, or club cards mortgage papers, etc.)

·        School diplomas


OFFICIAL PRESENTENCE REPORT REVIEWED FOR ACCURACY – BEFORE SENTENCING HEARING

 

But even if all things are done right, the Judge may still not change your sentence and placement – even so,

Your Narrative is now part of your Reentry Planning – helping you through the BOP, FSA Programming, and into Halfway House as you work towards early release

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

By inDr. M Blatstein's Blog

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

I wanted to do this podcast on 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.

Hello and welcome My name is Marc Blatstein – and I’m the Physician who found Physician Presentence Report Service (PPRS)

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 an easy thing to read.

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, once you’re indicted, needs to take ownership of all aspects of their defense. 


Then Be honest with yourself (and your attorney) regarding all the facts of the case, then, start interviewing attorneys.

·        Ask for referrals to see 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.

·        You 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 Presentence 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 that PSR to the judge, along with their recommendations for your sentence and placement.

 

Part I) 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, 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), and FSA Programs,

  • Be prepared, so should you and your attorneys

4th          RDAP Eligible, Then INCLUDE It.

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) 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, were “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

COMMENTS

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

By inDr. M Blatstein's Blog Tag , , , , , ,

You’re Target #1, The FBI’s Coming

It’s MORE THAN WHISPERS 

You’re Going to  Prison, – There is no way to Dress this up – BUT

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

AFTER 30+ years IN PRACTICE

MY MORNING WAS interrupted by the feds at 6 am knock at my front door, and a 2nd at 8 am at my medical practice – interrupting my patients and staff, all for a problem that I created.

As I was Guilty, – I Plead to a Felony and was convicted of a federal White-Collar crime, and was sentenced to time in the BOP as a Justice-Impacted Person.

After my release, and several years of hard work, my license was fully restored in 2010.

Around that time;

·        I chose to use my skills in medicine

·        with my understanding of the BOP

·        to assist those of you,

·        who like me,

·        find themselves facing our Criminal Justice System.

 

While I found myself totally UNPREPARED

I Made It My Mission

TO PROVIDE YOU WITH THE RESOURCES

That You Will Need

SO, YOU’LL BE PREPARED- BECAUSE

 

IN PRISON – AS IN LIFE

PREPARATION = SURVIVAL

WHILE YOUR STAY IN PRISON WILL BE TEMPORARY (and a bit UNSETTLING)

 

The Goal Is To Be Productive

FOLLOW YOUR REENTRY PLAN

and

Get Home As Soon As Possible

So let’s get to it!

 

If you’re hearing FBI whispers,

•        Start interviewing attorneys, ask questions, get references,

•        Sentencing Memorandum, ask to read samples written for previous clients, are they boilerplate?

•        Then, be honest with your attorney, and yourself – no surprises.

 

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

Ask yourself: 

•        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 Advocacy

•        All Before Your Presentence Interview

 

If Not, there are No Redo’s ⇒ this is Your Future ⇒ Speak up now

 

PREPARATION and SELF-ADVOCACY are your CORE VALUES

 

PREPARATION:

•        Attorney Interview, Working together – must be a Joint Defense

  • Decision #1: Trial or Plea

•        PRACTICE: Your Allocution (& Memorandum), for the Sentencing Hearing

  • Your Personal Narrative could take a month+ to write
  • The Memorandum is given by your Attorney

•        Your Presentence Interview (PSI)

  • Know Your Narrative → weave it 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

•        RDAP (if applicable), Include it now

•        If 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., PSR

•        This Is  Your Story: In Written and/or Video Format3rd) Time must be allowed for the development of your Personal Narrative, with assistance

 

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 for your sentencing hearing with your attorney regarding,

1.     If the Judge is aggregable, due to your allocution, and departs below the guidelines

2.     If RDAP is applicable now  is when 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 that RDAP program – using this as an example (camp eligible < 10 years), to also be put into the order.

  • Further, should the BOP not be able to do so,
    1. The BOP could notify the court in writing
    2. Why they couldn’t make this placement?

SELF-ADVOCACY

Allocution – Your Personal Narrative

Listen To What Federal Judges Have To 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

 

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/ month luxury car.

Consultations are on me.

Thank you! 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.

You’re the FBI Target

By inDr. M Blatstein's Blog Tag , , , , , , ,

You’re the FBI Target

5 Areas You Must Advocate For Yourself

 

PREPARATION = SURVIVAL

If You Suspect You’re The Target of a Federal Investigation | Before The Presentence Interview (PSI) | After The PSI – But Before The Sentencing Hearing | After Sentencing or You’re Already Incarcerated | There Are Still Things We Can Do

For a No Obligation Free Consult, Call: 240.888.7778 or by email. I answer and personally return all of his calls.

1st, Start interviewing Attorneys

  • Ask for References
    • I am sure you have several “happy” clients willing to speak with you. Don’t be shy; before I had a hip replacement, I, too, interviewed many orthopedic surgeons asking similar questions.
  • Ask to see “several Sentencing Memorandums,”
    • If they ask Why, or that is Confidential, politely respond by agreeing, but PDF Adobe documents can be redacted, ‘blacking out’ all personal identification.
    • Here, we want to see if they take the time to write each separately, or are they Boilerplate?

 

2nd, You and your attorney,

  • YOU HAVE TO BE HONEST WITH THEM ABOUT EVERYTHING (again, here, too, I was not; Another Lesson Learned)
  • NEXT: as the DOJ has a 98% conviction rate, do you want to go to Trial or Plea?

 

3rd, If you win at Trial: CONGRATS!!

 

4th. If you lose at Trial or Plea, at best, you now only have 90 days to prepare for your Presentence Interview

YOU

  • Collecting copies of your medical records – Everything
  • Hospital, laboratory, radiology, physician, surgical, prescription, and medical devices

Other: copies

  • You get the picture: educational, military, character, community service, work references, original birth certificates, social security cards, licenses, etc.

 

Your Attorney: Preparing their strategy for The Presentence Interview, then

ASAP, they will contact The Probation Officer to learn when their Final Dictation Date Is for Your PRESENTENCE REPORT

  • Why: because they want to get a feel for what the Officer knows while getting their “message on the record, “… AKA Bonding
  • To Set Up YOUR INTERVIEW

BE PREPARED because the P.O. will write your PRESENTENCE REPORT based on your INTERVIEW.

  • YOU NEED TO KNOW – YOUR NARRATIVE COLD

 

Your PRESENTENCE REPORT IMPACTS

  1. Release Date
  2. Security Level Requirements
  3. Medical and Mental Healthcare Needs
  4. Psychology Programs – Limited Availability
  5. FSA Programming, and Criminogenic Needs, Risk Assessment ⇒ ETC towards early release

 

5th. YOUR PERSONAL NARRATIVE

MEANWHILE, for the last 3 months, you have been writing and rewriting your story – YOUR PERSONAL NARRATIVE that challenges the DOJ Narrative of you – Your INDICTMENT.

Well written, this is your chance to speak directly to the Judge – and where he gets to know who you are, humanizing yourself to the court. Judges understand that crimes do not happen in a vacuum and want to know why you committed your crime.  You now have the opportunity to accept responsibility and have remorse for the pain you have inflicted on your victims.

Done right, it could lower your sentence, but no guarantees –

 

Still not convinced – Listen to what these five Judges Say:

A Federal Judge’s Musings on Defendants’ Right and Rite of Allocution,

NACDL, The Champion, March 2011

Judge Mark Bennett, My basic principles of allocution include:

(1) be sincere.

(2) discuss what “taking full responsibility” means;

(3) acknowledge that there are victims (e.g., even when the PSR indicates “no identifiable victim,” as it does in most drug cases);

(4) an understanding of how the crime affected the victims;

(5) express genuine remorse;

(6) a plan to use prison or probation time in a productive manner;

(7) a discussion of why the defendant wants to change his or her criminal behavior; and, perhaps most importantly,

  • a true desire to learn a specific trade and a request to go to a specific Bureau of Prisons institution that offers that trade can sometimes be beneficial.

(8) information that helps humanize the defendant and the defendant’s role in the crime.

 

THE FEDERAL LAWYER • September/October 2019

VIEWS FROM THE BENCH, Own the Mistake – Demonstrate Sincere Remorse

Judge Richard G. Kopf of the District of Nebraska,

One of the best allocutions I have ever heard was:

“Judge, I want to atone for what I did to the victims and my family. I deserve some prison time. I hurt the victims, I hurt my family, and I’ve hurt myself. When I get out, I am ready to take the following steps.”

 

Judge Jon D. Levy of the District of Maine in Portland, “Allocution matters,”

“I will never hold poor communication skills against a defendant. What’s important is whether I am persuaded that the defendant is sincere and demonstrates insight about the crime…”

 

Judge Cynthia A. Bashant of the Southern District of California

“I want him to apologize to the victim and his or her family, particularly if they are in the courtroom. Just like a parent with a child who has done wrong, I am looking for ‘insight’ from the defendant,”

 

Judge Marcia S. Krieger of the District of Colorado in Denver has “seen allocutions where a defendant has shown that he is sincere and thoughtful about what he is saying.”

It is very important for the lawyer to prepare his client for allocution if allocution is to be made.

It is essential for Judge Krieger that a defendant “publicly admit his shame,” which shows her that he has internalized his crime.

If You Suspect You’re The Target of a Federal Investigation | Before The Presentence Interview (PSI) | After The PSI – But Before The Sentencing Hearing | After Sentencing or You’re Already Incarcerated | There Are Still Things We Can Do

For a No Obligation Free Consult Call: 240.888.7778 or by email. I answer and personally return all of my calls.

YOU’RE INDICTED. YOUR PRESENTENCE REPORT IS YOUR FUTURE – LEARN THE PROCESS.

By
Presentence Report

DO YOU KNOW:
WHERE?
AND

HOW LONG YOU WILL SERVE?

 

 Your Presentence Report (PSR)

 

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

ITS ACCURACY AND COMPLETENESS CANNOT BE OVERSTATED.

 

WILL ALL YOUR WORK BE SUBMITTED TO YOUR PROBATION OFFICER, ‘1-2 WEEKS BEFORE’ YOUR PRESENTENCE INTERVIEW?

WHAT DOES PREPARATION LOOK LIKE?

  1. PROVIDE ALL COPIES OF YOUR BIOGRAPHICAL BACKGROUND AND PERSONAL I.D. 
  2. IT IS RECOMMENDED THAT YOU SPEND TIME SELF-REFLECTING,
    • THEN, WRITE YOUR AUTOBIOGRAPHY OR LIFE STORY AND EXPLAIN WHAT CAUSED YOU TO BREAK THE LAW WITHOUT EXCUSES, ACCEPTING RESPONSIBILITY AND HAVING REMORSE FOR THE VICTIMS YOU HAVE HARMED.
    • WHY  – DID YOU LIKE YOUR FEDERAL INDICTMENT? THAT IS THE DOJ NARRATIVE (OR STORY) OF YOU. TO COUNTER IT, TELL YOUR OWN STORY OR NARRATIVE.
    • HOW DO YOU GO ABOUT WRITING IT?

Your Sentencing memo, which includes your Sentencing Length explained under USSC Guidelines, along with your Placement Request, submitted to your Probation Officer before their PSR is final, makes a lot of sense to me.

Judges understand that crimes do not happen in a vacuum. They are also very interested in hearing from you, the defendant, in your own words. What happened – that caused you to break the law? Include the significant parts of your life and the low points, omitting nothing. Include The Good, The Bad, and The Ugly. I hope you find this video helpful.

 

FACTORS THAT IMPACT YOUR RELEASE DATE

  • Your Remorse
  • Acknowledging Your Victim’s Pain
  • It includes You Accepting Responsibility

 

THE PRESENTENCE REPORT DETERMINES YOUR

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.

 

This video reviews how The Presentence Report (PSR) Determines Your Future. Therefore, Preparation Is Critical At Each Stage In The Process, as a Criminal Defendant and Later as a Justice-Impacted Person. 

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

YOUR JUDGE ⚖️WILL ASK FOR YOUR PLAN TO NOT RETURN TO THEIR COURTROOM → 🕊️WHAT’S YOUR ANSWER?

By inDr. M Blatstein's Blog
Home Confinement Info Sheet

WHY A RELEASE PLAN?

“ARE YOU READY TO ANSWER YOUR JUDGES QUESTION?”
DO YOU KNOW WHAT YOU’LL SAY?

Release Planning should begin before your Presentence Interview if, for no other reason than at your Sentencing Hearing, your judge will ask you or want to know your plan to not return to their courtroom. In this video, I review why Release Planning should begin before your Presentence Interview if, for no other reason than at your Sentencing Hearing, your judge will ask you or want to know your plan to not return to their courtroom.

The Release Plan, Divided into ‘6’ Parts: 

Part I) Before your Presentence Interview (and is provided along with your Narrative to be woven into your Presentence Report), 

Part II) Before your Sentence Hearing (building and after giving more thought to your 1st Release Plan),

Part III) Once inside, here is where it grows – mostly by documenting your Personal Developmental Growth, which includes the FSA Programs and everything Constructive that you have been working on in areas of interest to you, including mentoring others or teaching classes.

Part IV) Before Release details what you will be doing once released. This can be started by following example forms developed by Rikers Island, the MN Dept. of Corrections – ‘The National Institute of Corrections Manual, or the Release Plan Prep Guide. All of this will, or should (as nothing is Guaranteed), make you appear a better candidate for a Halfway House. These beds are limited, and Residential Reentry Managers want to fill these beds with people who will reenter society successfully. Is this You? This video doesn’t cover everything, but I hope it provides some constructive insight.

Part V) After Release / Post-Incarceration Services

YOU ARE STILL UNDER THE CONTROL OF THE BOP 

  • For many in BOP custody until he/she completes his prison term (for sentences greater than six months).
  • You’re in a Residential Re-entry Center (halfway house) or working with the BOP’s Community Corrections Management.
  • If you’re eligible to be transferred to home confinement (the last six months or 10% of the sentence, whichever is less), your client will transition from the RRC or CSC with another set of rules and requirements.
  • Even after leaving BOP custody, he/she will start his supervised release period, which is often for three years.
  • Each of these is a different branch of the Justice Department, 
  • You Do Not Want To Get Disciplined or have any Infractions that Could Return You To Prison

Part VI) Supervised Release/Parole/Halfway House –

  • You think You’re Out/Done,
  • But You’re Still Under “Federal” Control,
  • This could be the Hard Part – No Mistakes – Don’t assume,
  • For Questions, Ask your Probation Officer or Residential Reentry Manager First and Often. Not hearing back is Not an OK To do what you want to do.
  • Some are harder to deal with if your charge is a State Charge – But Make This Temporary.
  • Supervised Release – Probation

Probation or Supervised Release is No Joke. Follow the rules, and all will be ok.  Probation Officers have huge caseloads; unfortunately, they are overworked and expect the worst. Be the exact opposite, and good things will happen.

Now, with a New Director of The BOP (Dir. Peters, there is reason for hope and optimism), The First Step Act, the Second Chance Act, and the Work You Do In Investing In Yourself Can Earn Your Way To Freedom. For more on your Mitigation steps, call me.

This is a document that will grow over time and will influence your STAKEHOLDERS.

WHO ARE ‘YOUR’ STAKEHOLDERS

Your Attorney • The Probation Officer Conducting Your PSI• The Prosecutor • Your Judge • BOP 1st) Designation Staff, 2nd) Your Case Manager, and 3rd) Unit Team • Residential Reentry Manager (RRM) • Probation Officer, • and Others You Have Yet To Meet

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

-Marc Blatstein

 

When writing your Narrative, Allocution, or Reentry Plan, read it through the Lens of YOUR STAKEHOLDERS: WHAT DO THEY WANT TO HEAR? Through their eyes, there are victims, and there was a crime, but without your narrative, all they have is the DOJ indictment of you – so you may appear like America’s “Most Wanted.”  Only you can change this.

It’s best started before your Presentence Interview and will continue to develop as you add to it during your stay in the BOP.

 

Writing Your Release Plan, Now Before Your Presentence Interview 

Attempting to write your Release Plan, you don’t need to have all the answers today! Start will the small parts (bites) that I have provided below. Like the rest of your plan, it will develop over time; I know because mine did. Remember: One bite at a time.

But, if you have a letter from someone willing to hire you when you are released based on your skills and character – that is a GREAT letter to include in your plan, your Presentence Report, and with your attorney’s Sentencing Memorandum at your Sentencing Hearing.

 

Your Reentry Plan addresses your STAKEHOLDERS

You must be Your Own Best Advocate – 

Your Judge: STAKEHOLDER. If your Narrative (with your Reentry Plan) is included in your Presentence Report, you now have your Judges attention because he/she, among other things, wants to know your plan to not re-offend.

  • What are you going to do?
  • In addition to expressing remorse for the victim(s), understanding their pain, suffering, and how it has impacted them, 
  • You have reviewed what your life brought you to this moment that caused you to do this – with no excuses. 
  • You have reviewed the FSA Risk Assessment Program Questions, which had you reflect on what you’ve done and read about the many available programs to learn from.

Your Unit Team, Case Managers, and Counselors are your STAKEHOLDERS. For all of your meetings, just like with your FSA Programs and Books that you are reading, document their name, date, time of day, and conversation topic to recall later. Consider it insurance.

  • Review the FSA Risk Assessment Program Questions (SPARC-13) and
    • Weave your answers into your plan before your Presentence Interview.
    • What you hope to learn from the programs and how you need to implement their lessons into your daily life, work, or family life –
    • Include something Positive about the teacher.
    • Praise the Case Manager who recommended you take these programs.
    • For both of these, your Case Manager may ask your opinion,

Your Case Manager, Counselor, and Warden, in their tenure, see’s hundreds to thousands of Adults In Custody (AIC, Director Peters’s new term) pass through their facility. How can you stand out in a good way? We all start off as a number – until we show them otherwise. If you’re looking to take advantage of the FSA and all it has to offer, no promises, but your efforts may result in an earlier release date.

If release plans are not required, then why do them – To reduce Your Time Incarcerated?

  • Without a Plan, why should your Case Manager and the BOP give you a reference to a Halfway House Residential Reentry Manager (RRM)
  • There are not enough halfway house beds in the country to house everyone who wants to use them.
    • Halfway House Residential Reentry Manager (RRM) wants to fill those beds with people who will use them to reenter their communities successfully.
  • Case Managers will Recommend you, which the Warden signs off, and your file then,
    • goes to the Residential Reentry Manager to determine who is best suited for their limited bed space, who needs that time, and who will succeed.
  • Residential Reentry Managers decide who can use the limited number of beds by evaluating your BOP file, including your PSR, Narrative, and release plan.
    • They’re also being judged, so they want to show success. Inmates writing release plans are a way that halfway house managers can make that judgment.

Start your plan before your PSI – It Can Include Parts of Your Narrative,

  • Once inside, give the credit for your plan to your Case Managers and their recommendations as they offered FSA Programs to you.
  • Offer that you researched for your Release Plan: National Institute of Corrections website.
    • This template covers Personal Identification, Housing, Transportation, Personal Needs, Employment, Recreation/Leisure Time, Chemical Dependency Treatment/Aftercare, and your Support System.
  • Write as you review your investigation, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process. You will see that preparation fulfilled as you develop a reentry/release plan to achieve a better outcome. 
  • QUOTING something like…: “Since my indictment and arrest, I had the time to think about everything I have done. Previously, I didn’t recognize how BAD my decisions were, But I realize it’s Not About Me. It’s about My Victims, What I did, and What I have to do – to make it right.
  • Referencing your PATTERN Score, address applicable points for either Men or Women.
  • If you learn you have a Detainer (hopefully before your Presentence Interview)
    • Last week, the BOP quietly issued a change notice to its Program Statement on applying for FSA credits.
      • Before sentencing (or as soon as possible), your attorney learns that there is a Detainer; when filing this form, with no response after 180 days, it goes away.

1) Followed With copies of your Social Security Card, Driver’s License (expired?), and Birth Certificate. Know where your originals are kept so you can get them, and where are they now if they were taken from you at your arrest?

2) Be Honest with how you fill out BOP forms and talk in prison. If you lie and it gets found out by your STAKEHOLDERS (Judge), you may have more significant problems. Don’t say you have a substance abuse problem – if you don’t. This can be held against you by the Judge or other STAKEHOLDERS.

  • Some of those you meet will be biased against you (try not to let it bother you, be polite)
  • Writing is good, But Showing That You Have Learned You’ve Done Is Wrong Is Where You Want To Be.
    • (The Anger Management Course)
    • DOCUMENTATION OF EVERYTHING YOU DO,
      • CLASSES YOU TAKE, BOOKS YOU READ, AND FSA PROGRAMS YOU HAVE ATTENDED;
      • Because even if your case managers forget to document your progress, at least your records are complete and
      • You CAN NOW VERIFY, AS IT IS IN ‘YOUR’ COMPLETE FILE

3) Who will be your Support Structure?

  • This includes those who care for you to ensure you don’t return to the judge’s courtroom. This can be family, friends, or others and can include a potential employer willing to rehire you following your release, all who have provided letters attesting to your character, and who are aware of your past criminal behavior.

4) Employment Opportunities?

  • Will you still be allowed to run your own business? Was your business part of your criminal arrest? If Yes – then-No.
  • It is possible, though, to work For Yourself  – With a great release plan – Yes,
    • Probation May let you work for yourself and travel.
      • Were you working for yourself before your arrest? Yes,
      • If working for yourself – was this job part of your criminal activity? If No, OK
      • What will you do–keep it separate from your criminal conviction?
    • Who’s the owner?
    • Does it need to be registered with the state, licensed, etc?
    • Be Organized: “While incarcerated, I want to plan to own my own business, and these are the steps I will need to take.”
    • Will you need employment? No, I’m retired but volunteer or care for A Relative.
    • How realistic are your employment opportunities? You’re a physician – at best, you’ll need to reapply to your board, get your CMEs, etc. DEA and Provider Numbers, Medicare and Medicaid, OPM, and HHS.

5) At this point, your Reentry Plan is much shorter than it will be at the end of your sentence.

6) The plan will change – Keep your Case Managers Updated on your REENTRY Plan

  • This is why I need either 1 year in a Halfway House (or Home Confinement) – here’s what I need to do as I prepare to get back on my feet.

7) After sentencing, especially if the Judge gives you a downward Departure, start thinking about your Reentry plan, add what you wish you had done differently, and add what the judge said at sentencing before you forget.

 

 

BY THE NUMBERS

  • If you have over 12 months of ETC, they could be applied to Halfway House or Home Confinement.
    • If You Have the Appropriate Resources and Reentry Plan
  • ETC in Halfway House: for example, if you have 11 months, the BOP may apply that to early release.
  • If you have 14 months ETC:
    • 2 Months in Halfway House
    • The 2nd Chance Act,
      • The 5 Factor Review: 8 mo. Halfway House, 6 mo. Home
  • Released to Home vs. Halfway House.
    • The BOP now sends inmates to the Halfway House, where they are evaluated for their plan.
      • It is up to the Halfway House to determine if the person meets the Eligibility & Appropriate criteria.
      • It is up to our REENTRY Plan to show why Home Confinement is needed.

HOME CONFINEMENT INFORMATION SHEET

TO SUCCEED – 10 LIFE LESSONS

By inDr. M Blatstein's Blog

Admiral McRaven’s Story: Write Your Story – Your NARRATIVE   

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 in those challenging times of warfare as a member of SEAL Team Six or to those of us facing Federal Indictments and Prison (temporarily).

His 10 Inspirational Lessons to Live by, from Mandela to a young girl in Pakistan, Malala, should leave you with hope. I Hope You Take 15 Minutes and watch this YouTube; it may Change Your View on Life – “NEVER GIVE UP.”

#10. NEVER GIVE UP

  1. START THE DAY WITH A TASK COMPLETED – MAKE YOUR BED, [PLEASE DON’T LAUGH]
    • Don’t depend on The Correction Staff For Support now that you’re aware and Have Your Plan – Work Your Plan…
  2. FIND SOMEONE TO HELP YOU THROUGH LIFE
    • You’ll need a Federal Criminal Defense Attorney with Experience in Federal Criminal Court.
    • You may also need someone Familiar With Federal Prison and the work needed to get you through – with a Possible Early Release Date.
    • REMEMBER – NO GUARANTEES
  3. RESPECT EVERYONE
    • Then, become friends with those with shared interests – Don’t Get Disciplined and No Cell Phones.
  4. LIFE IS NOT ALWAYS FAIR, 
    • Disappointments are how the BOP operates – How You React is Up To You, Stay Humble.
  5. DON’T BE AFRAID TO FAIL
    • That’s part of Life and Moving Forward – Please don’t constantly Complain to your Case Manager – Everyone else is Complaining – Keep Your Head Down and Do the Work.
    • If needed: Start The Administrative Remedy Process.
  6. SOMETIMES, HIT LIFE HEADFIRST 
    • This Is What We Have All Been Doing Since Being Indicted – Own It and Keep Moving Forward
  7. FACE DOWN THE BULLIES
    • If it’s an inmate – walk away; if It’s BOP staff – Apologize
  8. STEP UP WHEN TIMES ARE THE TOUGHEST
    • The only person’s emotions you can control – Are Yours.
  9. HOPE – LIFT UP THE DOWNTRODDEN: Washington, Lincoln, King, Mandela, and even a young Pakistan Malala
    • Prison Is Temporary IF THEY OVERCAME OBSTACLES – So Can You
  10. NEVER GIVE UP
    • Don’t Give Up On Working Towards Your Goal, Your REENTRY Plan. Even if your Case Manager throws it in the trash, it eventually will be read as you document your journey.
    • It could be used in a BLOG or Website.
    • The Halfway House Reentry Manage, Supervised Release Probation Officer, and possibly your Judge may eventually read it.

LIFE LESSONS, WHETHER IN PRISON OR A SEAL

SELF-SURRENDERING? DO YOU KNOW WHAT TO BRING, WHERE YOU SHOULD GO?

By inDr. M Blatstein's Blog

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. 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. 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.