White Collar Sentencing Options 

You’re Facing Federal Prison, as a White Collar Defendant –Now What?

Getting a White Collar criminal defense attorney is paramount. You have or will be deciding your defense strategy which likely will include either of these two options; 1st) Trial or 2nd) Plea.

Should you end up facing a term in the Federal Bureau of Prisons (BOP), your next step is your Presentence Interview (PSI).

1) In preparation for your Presentence Interview and Sentencing Hearing, it is never too early to start.

2) Just like your work, where education, research, and preparation are core values, the same efforts are needed in preparing for your Presentence Interview as it determines your immediate future.

With that in mind, your choice of a White Collar Attorney can take two paths:

  1. The trial attorney, here you’re looking for the attorney who has successfully tried cases like yours, understanding that should you lose, the US Attorney may request a harder sentence. or,
  2. Your decision is to plea. In this case, your attorney should excel in sentence mitigation, where they have demonstrated case experiences similar to yours, hopefully in your circuit.

In either of these cases, if the result is guilty, the next step is preparing for your Presentence Interview (PSI).  

Why, because the Probation Officer (PO) will take the information they learned from their PSI (Interview), complete their investigation, and draft their official Presentence Report (PSR) (Blatstein et al., 2021, p 43-51) yes – that’s me. Then, with this report, the PO may make recommendations to the judge regarding both your sentence and BOP placement. Either way, once received by the court:

  1. The judge will use the Presentence Report to sentence you.
  2. The BOP will then use the Presentence Report to place you into a specific prison, and then use it to guide you throughout your term incarcerated.
  3. The Presentence Report follows you throughout your period while you are under supervised release – which is still under the BOP, and last,
  4. The Presentence Report stays on your record, for life.

Your sentencing mitigation expert, prison consultant or attorney may, or may not be intimately familiar with the details of this part of the process. This Is A Big Deal.

As an uncle once taught me, “inspect your expectations“, and in this case, we’re discussing your defense, and, your immediate future depends on it.

For a No Obligation Free Consult Call Dr.Blatstein at: 240.888.7778, or through email at: info@PPRSUS.com. Dr. Blatstein answers and personally returns all of his calls.

 

The Process:

I) Preparation for The Presentence Interview (PSI).

1) The PSI is conducted by the court’s representative, the Probation Officer. This is the next most important part of your defense as it will dictate your future, it is that important.

2) Probation will next draft the official Presentence Report (Blatstein et al., 2021, p 43-51), based on the PSI, for the court – which the judge will use to sentence you! So yes, it is that important.

II) The Presentence Report (PSR) does not discriminate, whether this is a white-collar, drug, violent, non-violent, or sex crime.

1) Therefore, in preparing for the PSI, the earlier you start, provides you and your attorney with more time to develop a detailed strategy without being rushed.

2) Then where applicable,  §3553 (a) factors that support a sentence outside of the guidelines can be accurately referenced. 

III) In detailing your history – for example,  

  • You could be a bright, intelligent successful perfectionist, working all hours of the day to achieve these goals.
    • Did something in your past have a bearing on taking someone who might never have gotten in trouble, down the wrong path? Researched…?
    • Was there an underlying drug, or mental health issue that went undiagnosed, and would any of this warrant a psychological evaluation? Evaluated…?
    • If yes, now is the time to act. Your attorney will know how this could impact a sentence “outside of the guidelines”.

IV) While this could result in a lower guideline (or downward departure is not used anymore), the numbers once incarcerated do not show promise.

1) Published in the Prison Policy Initiative: the “percent of people in federal prisons who reported not receiving any mental health care, while incarcerated numbered over 66%”.

2) We are all aware of the ever-increasing numbers of those who have some form of a mental healthcare issue, are under-reported, or not reported. Albeit bipolar, borderline personality disorder, anxiety, and ADHD, the list is extensive and ever-growing.

V) Personal Narrative

1) Should you have a personal narrative (written, video, or both), it can be included, and

2) It May result in a 2-3 point reduction, which could help you A Lot!

 

PPRSUS NEW 2022 U-Tube VIDEO SERIES: “YOU’VE BEEN FOUND GUILTY – NOW WHAT”, White-Collar Sentencing Options

PPRSUS 11: White-Collar Sentencing, Presentence Interview Preparation, “Your Future Depends On It”

PPRSUS 12: White-Collar, The Presentence Report, and Personal Narrative

PPRSUS 13: White-Collar, Perscription Medication Availability In Federal Prison

PPRSUS 14: White-Collar, Medical Care In Federal Prison

PPRSUS 15: White-Collar, Satellite Camps vs Federal Prison Camps (FPC), They Are Different, Learn By How Much

PPRSUS 16: White-Collar, When Self-Surrendering, Be Prepared So You Don’t End Up In Solitary Confinement, It Can Happen! Listen and Learn…

PPRSUS 17: White-Collar, You Keep Relapsing as a Post-COVID Long-Hauler, Prison May Not Be Able To Provide The Care You Need

PPRSUS 18: White-Collar, The Statement of Reasons – Drafted By The Judge (Where He/She Can Recommend Programming, BOP Placement, Medical CARE LEVEL). In Essence, It Controls Your Life Throughout Your Term With The BOP.

 

Below is just part of what has to be collected, and provided to the Probation Officer for your Presentence Interview.

That includes first providing your legal team with complete copies of:
Complete Medical History:
* All Surgery Reports, * All Physician Contact Information * All Blood Tests for the past 2 years * All Medical Records, * All: X-Rays, * CT and MRI films and Reports (CDs, if available for both, 2 copies each, one for your families records and the other for the courts Presentence Report), etc.

All Original Prescriptions for:
* Medical Devices * CPAP, BiPAP, * Eyeglasses, * Orthotics, * Prosthetics, * Diabetic Shoes, * Wheelchairs, * Cane, Crutches, etc., * Medications, etc.

Diplomas: * Highest Education Level Completed, * Any Certifications.

Military Service: * Branch, * Rank, * Discharge Type.

Recommendations and References: In Written, and in unique circumstances Video Format after consulting with your attorney.

Collected Information-Summary

  • All of the background information,
  • The defendant’s legal team provides reasons as to why they are requesting their placement request. The reasons should be based on issues: Medical, Programming, Overcrowding, Other cited cases, etc.
  • The client’s personal narrative,
  • Character letters/videos,
  • Provided to the Probation Officer before the PSI, with the goal of getting it into “the record”.
  • Taking medications, know what medications are:
    • Available (on formulary) vs.
    • Those requiring a lengthy Pre-authorization process (Non-Formulary)
    • Not available (here we guide you through options).
      • These medication issues should be brought up before the PSI and sentencing hearing. 
      • The prescribing physician should be involved in reviewing the BOP Formulary Drug List and noting his recommendations.
  • Most of this is available at BOP.Gov.
  • Never seen a doctor, now is the time to see a physician for a full physical, and if warranted a mental healthcare evaluation.
  • Camp eligible: Federal Prison Camps (FPC) are different than satellite camps, as the latter are associated with higher security facilities and some of the associated security stresses.

 

 

PPRS Provides Personalized

I) Presentence Interview Preparation

II) BOP Placement Request (that supports the defense reasons as to why they are making this request, referencing BOP Guideline Manuals and Program Statements)

Engaging us before the Presentence Interview is recommended.

For a consultation without any obligation, Dr. Blatstein is easy to reach; 240.888.7778 (his personal cell), or info@PPRSUS.com.

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