TRIAL, PLEA, or COOPERATION Are Strategic Decisions

Hello, and thank you for tuning into the Seventh in my New Video series, INDICTED AND FACING PRISON: NOW WHAT?

My name is Marc Blatstein. In 2006, I was Indicted and pled guilty to a felony, and to call this a surreal experience for each one of us, is an understatement.

  • My goal in this series is to provide you with the crucial information you’ll need to survive and navigate these I’ll provide you with a

new topic every day so that you can move forward with the Knowledge, Preparation, and Confidence you’ll need to get the best outcome.

  • Since you know that the DOJ and Feds have been asking questions, their case against you is mostly complete. And, with a 98% Conviction Rate the odds are you’re going to prison.
  • Knowledge is power, and now it’s in your Delaying to take the next step is at your peril. The consequences of inaction can be severe.
  • Equally important is hiring a legal team that doesn’t just have experience but a proven track record of successfully defending cases like yours. Your future is at stake, and making the right choices now is crucial.

Trial or Plea. If you’re unsure, start off with Not Guilty, but if you know that you’re guilty, admitting this could result in a lesser sentence.

  • Trials are expensive and involve hours of discovery @ Hundreds to Thousands $/Hr, not counting the trial –
  • Understand that by the time you learn that the DOJ is knocking at your door, their Case is Mostly Complete, with a Conviction Rate of 98%, so ask your attorney how many cases like yours they have taken to trial (or appeal) and won.
  • Unfortunately, our justice system is far from perfect, and just feeling that you are innocent (and You May BE INNOCENT) may not be enough. That said – if your case is strong – go to trial. But all is not lost, even if you lose.
  • Do not alienate the judge because even with a guilty verdict, you can regroup and prepare for a Successful Outcome.
  • A Plea will save you money in legal bills and possibly help at sentencing because the prosecutor won’t have to spend as much time preparing for a trial, and may yield a decreased sentence.

If you plead guilty and cooperate, this ‘may’ be beneficial. However, cooperating means providing substantial assistance based on what you have heard or seen, and you cannot lie.

Before cooperating, it is best to get a Proffer letter or agreement. A proffer letter is a legal agreement between a defendant, an attorney, and the government. The letter guarantees (kind of) the defendant’s immunity, meaning that the government cannot use any statements made during the meeting against you—unless you aren’t 100% truthful.

Trial: Prepare and go to trial, but do not anger the court. Remember that 0.4% may win at trial, so just feeling that you’re right may not be enough.

  • Whether you elect to go to Trial or Plea, what you do next will impact your

If you’re already at this point and don’t have the time to wait for my future videos, give me a call, and we can discuss your situation one-on-one. Once again, my number is 240.888.7778.

Once you enter a plea, or if you’ve lost at trial, you still can prevail with a better outcome. This all depends on;

  • What have you done with your time up until sentencing? Have you gotten a job, volunteered, cared for a loved one, or stayed at home doing nothing?
  • Judges want to see if you’re working to rehabilitate yourself
  • Were drugs (legal or illegal) involved in your crime: have you on your own enrolled in Narcotics Anonymous – You’ll need to obtain a verification document
  • Was alcohol involved in your crime: have you on your own enrolled in Alcoholics Anonymous – You’ll need to obtain a verification document.
  • If counsel feels that you need a mental health consult, be willing, as most white-collar crimes are done by those who are high-strung and may have undiagnosed mental issues.

Possible White-Collar Personality Types – Is This You?

  1. You’re an exceptionally bright, high-functioning, and successful
  2. Highly skilled, motivated, and worked long hours for money, promotions, and
  3. You may be an obsessive-compulsive perfectionist, suffer from depression and anxiety, and have an overwhelming desire to be personally and financially
  4. These desires may cause a generally law-abiding person to engage in inappropriate, illegal
  5. According to the latest statistics by the U.S. Sentencing Commission, only 6 percent of inmates received downward departures for DIMINISHED CAPACITY (U.S.S.C. §5K2.13) – §5K2.13.
    • This is even though half of the inmates have symptoms of mental health.
    • This raises questions about whether judges are insensitive to mental health concerns or
    • Alternatively, the problem may lie with defense counsel, who may not fully investigate their client’s social and psychological history.

To engage my services or to have your concerns answered, Call me Today at 240.888.7778. This is my Cell and I personally answer and return all calls.

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