Resources
When I Get To Prison
Justice Impacted
Pretrial
Understanding the System
“Start creating a new mindset for success from day one, not until you get to prison.”
What is a pretrial detainee?
Pretrial inmates, constitute a unique type of prisoner within the Department of Justice, as the law states, “held in detention [only] to ensure the appearance in court, [and]or for the safety of the community.” Most pretrial detainees will spend years awaiting to be sentenced. Individuals are housed in county jails
or holding facilities that have limited or no outside recreation, no in person visitations, bad food, expensive commissary and lack many of the work and education programs that larger facilities have.
When will I be sentenced?
The time spent in pretrial detention will greatly vary from case to case. Although there are speedy-trial acts that can enable you to move to trial directly, there is no set limit on the time you may spend awaiting to be sentenced.
After your initial indictment hearing, where charges against you will be read, you will go to a bond hearing where your conditions for release will be set. If you are denied bond, you will be held in detention, and if you are approved for bond, you will be released under supervised pretrial custody.
Moving forward, you will slowly begin to receive your discovery from the government, along with your attorney you will start to fight your case. From here it may take several months, or years, of going to status hearings, simply to notify the judge of any updates regarding your case or your conditions.
Eventually the government will offer you a plea deal, a document where in exchange for pleading guilty to a charge(s) you will receive a possible reduction in your sentence. (If you do not accept a plea deal then you will begin to prepare for trial.)
Next you will go to a change of plea (Rule 11) hearing, where you will change your plea to guilty in front of the judge. The court will then order probation services to perform a PSI (Pre-Sentence Investigation) and create a PSR (Pre-Sentence Report) within thirty-days prior to your sentencing hearing. This PSR report is among the most important documents regarding you, your family, your life history, your rehabilitation efforts, your medical conditions, your crime and any other important information. I cannot stress the importance of being truthful and telling the probation officer of any and all other important information.
Finally, within three-to-five months after your change of plea, you will be going to a sentencing hearing where the judge will convict you.
What about First Step Act (FSA) Programs in pretrial detention? The First Step Act of 2018, is the most significant reform within the justice system in the past fifty years, it was primarily established to reduce Federal recidivism and crime. It provides for increased programming and provides incentives for participation in those programs, however, for the time being none of these are available while in pretrial detention.
Who can I complain to in pretrial detention?
Understand that you cannot change the system, it does not help to complain, write grievances, and continue to dwell on the negatives. This will only hurt you on the long run. You will hear a lot of people scream and complain to staff members with issues regarding things as small as toilet paper. Think of the other perspective, most correctional officers (CO’s) and staff spend up to sixteen-hours a day working here, most only go home to sleep and come right back. The issues you deal with, they deal with also while being here. Although you may not have control over what you wear, eat or do, you have control over how to spend your time. While undergoing some of the most challenging times of your lives, start by understanding the rules of your facility, following procedure and thinking about the positive things that surround you. You will be surprised to see how much different your time can be when you start your day thinking positively.
Learning the Law
“Suddenly I saw things differently, because I saw things differently, I thought differently, I felt differently, I behaved differently.”
After being arrested, indicted (the court hearing where you heard the charges against you), denied bail and now detained. The most important thing you need to know, is that you are fighting for your life. In order to succeed you need to learn how the law works, you need to learn about your case and you need to take responsibility for your actions. From this point forward, your positive decisions will be the first
steps of an incremental growth and development. Remember this is not meant to be legal advice, I speak solely based on experience.
Won’t my attorney fight the case for me?
Having a good attorney, an attorney who cares, is only half the battle. Attorneys can be hired, appointed or replaced at any moment. But no one knows your case better than you! And no one will fight for you harder than you. For this reason you need build the tools and strategies to fight your case. The more you understand the law, the more you understand your case, and the more information you are able to provide your attorney, the more prepared he will be to defend you.
What is the law library?
Whether on your tablet, or in a computer room of your facility, court cases are available for you to read and research. Everything you need to know about the law and similar cases is there. Few individuals know that judges are bound to follow rulings of the Circuit Court in your district and Supreme Court cases, this means that past cases are constantly referenced and used to make decisions and rulings. I cannot stress the importance of building knowledge and preparing, not only now but for the rest of your life. You have the power to help yourself by learning the law.
Learner to Teacher
Two minds work better than one. As you begin to study the law, read with the intention of discussing what you have learned with someone. You will be surprised how the information is assimilated differently when you have to explain it to someone else. Learning has a double effect as you learn from two different perspectives. Those you teach will see you as a changing and growing person, and will in turn, be more inclined to be helpful with you also. You have the ability to influence others to change their lives. Find a way to help others, teaching helps you learning more. I has been a valuable resource and development tool for me.
Ask Questions.
No matter what anybody tells you, no two cases are the same. It is important to hear peoples experience, and to work together with others to understand the law. But the most important thing you can do is ask questions. The more you know, the better prepared you will be. Learn the legal terms and how the system works, these two factors alone will help you successfully fight your case. If during your court hearing you don’t understand something, respectfully ask the judge to explain. The legal
system is not out to get you, it is set up to serve justice and protect. The importance of asking the right questions is a key part of your learning, it shows your willingness to understand and your dedication to change.
Things to do
“There are two kinds of people in the world, those who say they can and those who say they can’t, both of them are right” – Henry Ford
Work on your Attitude – “your response”
You need to start by seeing things differently. Once you see things differently, you think differently, and finally act differently. You need to stop seeing your life in jail, and prison as a condition that stops you from reaching your highest potential. Regardless of your environment and conditions, there are always things you can do. Your Attitude (“response”) to the situations you are faced with, is the first thing you need work on.
Have Initiative – “making things happen”
Continue by visualizing your future, think in terms larger than today and tomorrow. Set some simple goals. Like improving your relationships, get in better mental and physical shape, exploring your creativity, or becoming more knowledgeable and educated. Start by taking initiative (“make things happen”)
Be Proactive – “not waiting around”
Finally identify what tiny steps you can make to reach these goals. Regardless of the facility you are in, you can choose to read books, exercise, write letters, journal your daily thoughts and activities, and take all the courses available on your tablet or device.
Most facilities offer GED, substance abuse and life improvement programs that you can enroll in. Take anything that will have a positive effect in reaching your goal. Usually there is a wait list, be proactive and contact the program administrator or supervisor directly and tell them of your new attitudes and goals. Ask for their help to enroll you in the program. This is much better than simply complaining or saying “I want the certificate to show my judge or I want to eat the pizza at the end of the program.”
If possible, try to have daily conversations with the people you love. Talk to your kids about school, interests or homework. Relearn to have conversations with your partner, talk about hopes for the future, thoughts, ideas and desires, try to speak daily and just talk. Understand that many times they may not have much to tell you, but the power of love, and human interaction is the best therapy to deal with your mental and emotional prison.
Be aware that there are many Colleges and Universities that offer prison education programs. These classes and tests are completely done by correspondence. You will discover that although many facilities do not offer the services directly, they are willing to accommodate you to enroll and take these courses to further advance your educational goals. Lookup pen and paper college courses.
Lastly you can become a member or whenigettoprison.com. From inside your jail cell you have the ability to create content, tell your story, and help inspire more people to change. Creating a support network within your housing unit, within your jail, and with the community is a great tool to overcome the walls of confinement.
Self-Service Journey
Think about waking up in a new city, in a new country. You don’t know the language, you have no idea where you are, or where you are going. It doesn’t matter how smart, strong or skilled you think you are. Without a map, and a proactive approach, you will be lost for ever. As human beings we are responsible for our own lives. Our behavior is a function of our decisions (“responses”), not of the conditions we
are in. Our “Response-ability,” is how we respond to the situations we are faced with.
As a pretrial inmate, just as in a new city, I was also lost. My first months spent in darkness and despair, taught me that I could wait around for my situation to fix itself or I could start doing everything in my power to change it. My response-ability inspired me, to create a map (“a step-by-step guide”), and share with you the importance of being proactive (“taking action!”). This section is about what you are willing to do for yourself, I have named it the Self-Service Journey.
In this section I will tell you the reality of pretrial detention, what I have experienced and what I am doing about it (“my response”). I will give you the tools and resources I utilize everyday, not only to create change, but to overcome future challenges. Regardless of what anyone says, you have the ability to change your circumstances. By creating a plan, having a willingness to change, and by taking incremental steps towards growth and development. You are able to show your judge, your prosecutors, your counselors, your future probation officers, your family, and everyone you may have let down, that you can be successful.
Step 1
What is happening to you is not good
Start, by questioning your present situation. What is happening? How did I end up here? How is my family, my significant other and my children dealing with this? You realize that many things are happening. At this point, blaming the system, the police, your family, the others on your case or bad luck, will make no difference. This is the time where you recognize that you have a problem. It was your behavior, your addictions, your bad choices and terrible decisions that have put you here. You have put yourself here.
While incarcerated, you are struggling to maintain relationships. Mental and emotional sanity. Your case and your charges are being enhanced. The system is not pleasant, there is a lot of sadness. Understand that you cannot control things that are out of your control. Your family and friends continue to live their lives. The sun continues to rise every day. The economic and social pressures of your situation are daunting and powerful. You are continually obsessing over your situation. By the end of the day, you are even more discouraged.
Step 2
More than likely things will get worse
You continue, by questioning your future situation. What is going to happen? What is my family going to do? What is going to happen with my case? Think about all the possibilities. As you are learning
about the law, reading similar cases and hearing peoples experiences, start to analyze the trend. Now, you start thinking about the worst possible situations.
You will continue to loose your freedom, your choices, and your relationships. You will no longer be a member of the world, you may be forgotten. Life will continue to move forward without you. You will suffer mental, and emotional torture of the innumerable things that could happen. The more you think
about it, the more you face the reality of what the future holds. You are now more depressed. Things are going to get worse before they get better.
Step 3
Your situation is better than ever
Finally, ask the proactive questions. How are you going to respond? What are you going to do? What can you do to change your outcome? What can you choose to do? Think of your response-ability, and how these responses can influence your situation. As you start to brainstorm through these ideas, concentrate on the most simple, practical, and most doable responses. As you move forward, you will begin to feel a spirit of excitement, hope and positivity. Your situation is better than ever.
Now take one simple-practical-doable idea and think of the end-goal. Split it up into small achievable steps that you can take up every month, every week, every day and every hour even, until you achieve your goal. For example, I wanted to spend time reading books on self-help, business and motivating stories of great masterminds. I set an end-goal to read fifty books in a year. I split it up into, four books a month, one books per week, forty-five pages per night. With something as simple as this, I have chosen what to do with my time, acquire new knowledge, and empower myself to change. Incremental and achievable steps, are the beginning to a goal.
You will constantly here people say, “you have no choice.” This however, is entirely based entirely on attitude, and perspective. In jail, you may not choose what to eat, wear or where to go. But you do have the ability to choose your response. You choose how to see your situation, how to spend your time and
you can choose your thoughts and decisions. You are not a product of the environment you are in. Empower yourself and embrace the positives aspect, like having the time and the opportunity to change your life. Think of this opportunity as a life changing snowball effect. Where one tiny decision (snowball), will lead to a tiny change, that will lead to a slightly bigger change, that will lead to a bigger change and so on until you have the unstoppable force of an avalanche. It may be hard to visualize, but think about small changes in your attitude (“response”), your initiative (“making things happen”), and your proactivity (“not waiting around”).
One of my responses, has been to work on a “release plan,” essentially what am I going to do when I complete my sentence? Some will say, “But you haven’t even been sentenced yet, you are sitting in a county jail.” Start with the end in mind. I may not have the date when I will be released, but it will happen eventually. One of the goals within my release plan is to inspire and help others, like you, to follow my commitment to change. Simple. I began by reading and learning the law, that led to teaching and mentoring others. I continued by challenging myself to reading fifty books per year, which led to writing book reports on the influence each book had. That led me to think about the idle time between lock-downs, I started taking educational courses, and watching inspiring videos on my tablet. In the
three-to-four hours of lock-down per day, I have taken over one-hundred hours of content each month. This has lead me to hear many success stories from individuals who have overcome adversities. I had no idea so many successful people have undergone struggle. Through technology, videos, podcasts and online content, I have met and been inspired by people all over the world. This inspired me to create this website, and be able to reach you. This is the snowball effect.
Step 4
Sooner or later you have to face reality
Now, what will the reactive mind say? “Oh, come on. FACE REALITY. No one cares what you do. You can’t do that in jail. I’ll wait when I get to prison. You can only think positive for so long.” What you need to realize is that you HAVE faced reality. You have gone through Step 1, the reality of your current situation. You have gone through Step 2, the reality of your future situation. And you have gone through Step 3, where you choose your positive response to your present situation, and cause a change in your future situation. Not facing reality would have been to accept the idea that what’s happening to you and your environment determines your outcome.
Story of a Man
I read the story of a man who in the nineties owned a small bookstore in New York that was slowly dying. His sales were falling as big retailers, like Walmart and Barnes & Noble, had bigger book inventory, better prices and unlimited money. He realized he had a problem – Step 1.
The internet was just starting and everyone wanted to be a part of it. The big retailers, internet startups, and every young tech geek was trying to transform the web. The man realized that his future was looking even worse. It would only take a couple of months before the unlimited money retailers took over the world wide web market. He would no longer have a job or a bookstore. – Step 2
The man decided to act. He started by creating a map, a life changing goal. He closed his store, took the little money he had, moved across the country, and hired a young tech geek to create an online bookstore. He knew there would be many challenges he would face. Like book inventory, shipping and being able to run an online store that had never really existed before. Through his attitude, “response ability” and determination, in a couple years he was able to create Amazon. – Step 3
Jeff Bezos’ story with Amazon is incredibly inspiring. Like many other successful masterminds he was able to overcome the challenges he was faced with. If he had not had a proactive approach, and taken response-ability, his outcome would have been completely different. During his times of struggle he was able to face the reality of his current situation, foresee the worsening future situation and took initiative, turning him into one of the richest men in the world. – Step 4
Remember, we cannot control what happens, but we can control what we do about it. This is where your self-service Journey begins.
Resources
The following is a list of the resources that I have used, and continue to utilize everyday. Most of the words and concepts described are not mine, they are the teachings of true masterminds. I am studying, practicing, teaching and improving daily. I have only put these teachings together and then applied them to my current situation. I provide them, so they may be also able to learn more about the law, learn your case and influence your way of thinking.
Websites:
Allows anyone to track your case and lookup any of the filings within your case. It is a great resource to stay up to date on court dates, documents and stay prepared in advance.
Books
Busting the Feds at their own dirty game, by Creaghan A. Harry
Is a compilation of methods and techniques in handling the most common scenarios encountered by the majority of defendants. It also provides a guide needed to know what items to look for in their cases and understanding that in order to win, they must get involved in their case.
The 7 Habits of Highly effective people, by Stephen R. Covey
A book that has inspired millions of people to completely change their life. With powerful lessons in personal change, renewal, improvement and the pursuit of goals. It is a book that has helped me see my life in a new perspective through the most difficult times of my life.
Busted by the Feds, by Larry Fassler
This book was the first thing I ever read after being arrested. It gave me the insight and the knowledge to begin understanding my case. Everyone I have met going through the criminal justice system own or has read the book. It is an incredible resource that I use everyday, and help others to understand it. It has detailed information in plain language of how the Federal sentencing guidelines work, and it gives many examples of how to actually make your life better. The knowledge this book gives you may substantially reduce the amount of time that you might have to serve in Federal Prison. Larry Fassler teaches that “If you want real justice for yourself, you will have to fight for it: Busted by the Feds tells you how!”
SENTENCING
The journey to getting sentenced is a long and tiresome one, in many cases it can take several years before reaching that point. On the positive side, however, it gives you plenty of time and opportunities to study the law, evaluate your situation and prepare for one of the most important days of your life. There are several important steps along the way that are key to proving that you deserve a lower sentence and are worthy of the liberty you are asking for. The key aspect is to start preparing early and understand that from the moment you were arrested to the day that you are home, everything that you do, or don’t do, will affect every decision that your judge, probation officers and counselors will make in regards to your case, your liberty and your life.
Plea Deal
What is a Plea Agreement?
The Plea agreement (also known as a plea deal, plea offer or plea bargain) is the document where the government and your attorney negotiate your charges, criminal history, enhancements and/or reductions in sentence, in exchange for changing your “plea” (answer by factual matter) from not-guilty to guilty.
What benefits exist from changing my plea to guilty?
The law allows the government, to offer a two- or three-level reduction (downward departure) from the sentencing guidelines (months of imprisonment), for accepting responsibility within a timely manner. The government in exchange saves time and money by avoiding going to trial and by waiving away your rights to appeal.
Plea Negotiating Strategies
First and most importantly, you must understand your crime and the charges against you. With your attorneys assistance, and your own research, determine what your sentencing guideline should be; consider your criminal history, mandatory minimums and any enhancements to the charges.
Note: Although as of 2024 the US Federal Sentencing Table only used as a recommendation for sentencing, most Federal Courts still utilize this guideline range in months of imprisonment, based on the offense level (between 1 – 43), combined with the criminal history points (between I – VI) to determine the appropriate sentence.
Secondly, realize that you will receive a sentence within these guidelines unless you negotiate a good plea bargain. Think as if you were buying a new car; you are going to negotiate with the seller to get the best possible deal, here you are negotiating for your liberty. This means that a good plea agreement is getting you a reduction of 20% to 30% off the sentence you would receive if you simply plea guilty and not loose any of your rights.
Finally, know that most plea deals are commonly referred to as dummy deals. Because they gain the defendant nothing, and they usually give the government waivers of your rights that the government would normally not have. In simple terms it means that by signing a dummy deal, you will get the same sentence you would have gotten from a judge without the “deal.” (Keep in mind that the first plea agreement you receive, will most likely be a dummy deal.)
The following are some strategies and information that have been developed, and used by other justice-impacted individuals, to assist you in understanding and negotiating a better plea deal;
- You should think carefully before you sign any plea agreement, and especially any agreement that includes the waiver of your rights to appeal or other post-conviction remedies.
- Your lawyer MUST bring you the written agreement with enough time for you to study it carefully. I believe it’s a good idea to sleep on it, take notes and discuss it with trusted friends or advisors that can help you with your decision.
- Know your guidelines. I cannot stress enough the importance in taking the time to calculate your guideline range. Spending the time studying your charges, can save you many years of imprisonment, as well as make you more knowledgeable of the law. Once you understand what your guideline should be, compare them to what the government is offering you on your plea agreement. If your guideline is the same or higher, then you need to re-evaluate your decision in taking this plea agreement.
- Know that most plea agreements will contain a statement such as: “The Government estimates that the applicable sentencing guidelines are _______,” also it will state that these “estimates” are subject to correction during the presentence Investigation (PSI). This means that this non-binding agreement that will allow the judge to disregard them if he wishes and sentence you to whatever the court deems appropriate.
- Once you have reviewed your agreement, you MUST contact your attorney and discuss your findings, consider his experienced suggestions, and finally point out the negotiable items that you would like the government to consider. Some of the items that can be negotiated in a plea agreement are; offense levels, weapons, role in the crime, acceptance of responsibility, cooperation, criminal history, immigration and deportation, self-surrender and rights to appeal just to mention a few.
- Be aware that attorneys will often manipulate defendants to agree to certain charges and/or facts stated on the plea agreement by saying, “we will argue it at sentencing in front of the judge.” The question here is not whether your attorney can, but rather if he will. Once you have signed a plea agreement and pleaded guilty in front of the judge you have accepted what the document states as true and will be very hard to argue differently at sentencing.
- Know that there are different types of plea agreements, including an open plea agreements or declaration plea agreements, that allow the defendant to contest and challenge some of the governments allegations. Signing one of these please however is a double-edged sword as it leaves full discretion on the judge to make the final decision at your sentence.
Rule 11 – Change of Plea Hearing
Statistics show that about 95% of defendants in the federal system will plead guilty. My hope is that by learning the law and going through the tools and strategies on this website you will be better prepared for your Rule 11 hearing, commonly referred to as your change of plea hearing. This hearing is very important, you must pay attention and only answer yes when you actually understand the question. Attorneys will usually instruct clients to answer yes to everything, know that anything you say at a Rule 11 hearing becomes part of the record, so if you say yes and that yes you understand, you will be held liable in the future. Remember that the Judge is your friend at this hearing, if you do not understand something, you can ask for clarification and the judge will be more than wiling to help you, or may instruct your attorney to explain things before continuing. If you are confused make it clear, on the record, that you are confused and need assistance.
It is required by law that the sentencing judge take you through each of the following points during the hearing;
- Questioning the defendant – It is the court’s responsibility to ask each question thoroughly and to require you to give a verbal confirmation that you understood.
During this time the judge must inform and make sure that the defendant understands that all the statements will be given under oath, that the defendant has the right to plead not-guilty, the right to a jury trial, the right to be represented by counsel, the right to confront any witnesses and accusers, the nature of each charge to which the defendant is pleading and finally that it is the courts obligation to apply at sentencing the applicable sentencing guideline range, possible departures and other sentencing factors from the 3553(a) memorandum.
- Ensure the plea is voluntary – The court must determine that the plea is voluntary and did not result from the force, threats or promises other than the plea agreement.
During this time the judge must inform and make sure that the defendant is appearing in front of the court under his own free will and that the defendant is under no external pressure to take enter a change of plea without his acknowledgment.
- Determining the factual basis for a plea – The court must determine that there is a factual basis for the plea.
During this time the judge must make sure that the case and the charges against the defendant are factual in nature, and to allow the defendant to be able to enter a change of plea and proceed to set a date for sentencing.
Thinking of Trial?
As I have mentioned before, statistics show that less than 5% of cases in the federal system go to trial; less than 1% of these cases win at trial. It’s safe for me to say that the odds are stacked against you. This does not mean that there aren’t defendants and cases that should be taken to trial and have the government prove their case. I am a believer in our constitution, in having a right to trial, a right to be judged by a jury of our peers and a right to confront our accusers. However, I personally do not agree with the way that government handles investigations or with the injustices within the justice system that is supposed to protect us. That is why as this website suggests, I encourage everyone to take responsibility for your actions, and work hard to show that change is possible regardless of past decisions and current situations.
For practical purpose, I will state some facts to help you evaluate your decision of going to trial;
- Defendants will loose the two- or three-level reduction for acceptance of responsibility if you had accepted a plea agreement.
- Defendants may receive additional enhancements or upward departures that could have been negotiated or eliminated in a plea agreement.
- Judges are not in favor of defendants who loose at trial, as they often see it as an unnecessary burden on the government and themselves. For this reason defendants are usually sentenced to the higher end of the guideline range than if accepting a plea agreement.
- Defendants who testify that are innocent and then are found guilty can be given a two-level enhancement for obstruction of justice for perjury.
- Defendants with prior criminal history are usually not encouraged by attorneys to testify in their own defense, even if innocent, as any prior convictions can be brought up and affect the jury’s decision and view of the defendant.
- Defendants with prior serious drug convictions will usually get an increase in the mandatory minimum and maximum by the prosecutor at trial.
- Government witnesses who are receiving a “sentence reduction for substantial assistance to the government” can shape their testimony in critical details to ensure that the defendant is found guilty.
- Cases that are complicated, conspiracies or cases involving several counts usually have no benefit at trial. Defendants found guilty on even one count, regardless of the jury verdict, can still be sentenced on all other charges under “acquitted conduct” or “relevant conduct.”
- Defendants who go to trial, regardless of the outcome, will not loose any rights, such as the right to appeal.
- Defendants who win at trial will have all charges dismissed.
PSI
Once you have pleaded guilty, or been found guilty at trial, a probation officer (the unbiased third party) will be assigned to setup an interview and prepare a Presentence Investigation Report (PSI or PSR) for the court.
The PSI is the most important document that will influence the sentence the judge will give you. It is also the only document that will follow you through your incarceration and post-release journey.
Some important things to know, are that the probation officer’s report will also assist the Bureau of Prisons (BOP) to determine your security level, indicate any special housing and medical needs, special conditions of your confinement and recommend admittance to programs such as the Residential Drug and Alcohol Rehabilitation Program (RDAP). While in prison the PSI will indicate to your counselor and case manager the likelihood of recidivism, the acceptance of responsibility you show for your crime, any fines and restitution to to be paid to the government and your plans for re-entry into society (known as the “release plan”). Upon your release the PSI will also provide your probation officer with your personal background, criminal history, drug usage and other relevant information about you to help determine your level of liberty.
Prior to your PSI interview, your attorney, or a mitigation specialist, should help in coaching you for the best possible outcome. The following are some of the recommendations that have been used by other justice-impacted individuals in preparing for the interview;
- Always tell the truth.
- Focus on telling 100% of the truth.
- Don’t lie to the probation officer;
Although it may seem redundant, I cannot stress enough the importance of being candid and honest in everything you say. It isn’t necessary for you to answer or to know the answer to all the questions, but it is very important that what you do say is truthful, if you are caught in a lie it will hurt you later. Usually attorneys will have previously discussed with the probation officer if any items such as prior criminal history, details of the case, gang involvement, or any other non-pertinent questions will not be answered. So make sure you discuss this and bring it up with your attorney as you are getting prepared.
- Have your friends and family submit letters to the probation officer, and the court, that speak well of your character as a person, your future plans and any positive things they know about you.
- During the interview try to mention aspects in your life that may create some kind of compassion. A rough childhood, poverty, drug addiction or sexual and domestic abuse are factors that in case law have shown leniency upon sentencing.
- Understand that everything you say during your interview will be used against you. If during your interview you mention additional drug dealings, assets derived from criminal activity, leadership roles, obstruction of justice or if you do not accept responsibility for your crime, these are all factors that can enhance your offense level and your relevant conduct or recommend a higher sentence.
- Insist on seeing your PSR as early as possible, and the final version prior to going to sentencing. It is very important that you have a chance to review your report, think about it and discuss it with your attorney. The law states the following regarding that time frame;
- The PSR must be provided to the defendant, the defendant’s attorney and the government at least 35 days before sentencing.
- Within 14 days after receiving the PSR, all parties must state in writing any objections.
- At least 7 days before sentencing, the probation officer must submit to the court and all parties the final PSR, and an addendum containing any objections that are unresolved.
- It is very important for you to argue and to eliminate any false allegations of violence or gang involvement, as these can keep you away from going to camps or halfway houses, as well as increasing your security level.
- Make sure your report contains any medical conditions, special meals, medications needed on a regular basis, false teeth and/or glasses, as it will create a record for classifications to be used by the BOP.
- Mention your family and other relationships. Your PSR often can determine your ability to have visitors in prison. Counselors will often use the report to confirm relationships such as siblings, spouses, kids or parents and can quickly help you place individuals on an immediate approval visitation list.
- Keep a copy of your PSI or have one mailed to you upon arriving to prison. Recently federal inmates have been prohibited from having a copy of the report in their possession. BOP regulations state, that access to your report is available through your case manager in prison, however it is traditionally a slow process that may take weeks or months to get access. If you will be seeking to appeal or to file for post-conviction remedies via 2255 motion or others, you will need to have a copy of your PSI to file these motions.
- Consider that PSI reports are generally written to make you look bad to the reader, they often contain information said by informants, that may not be necessarily true, or other details about your case that you may want to keep confidential. The point is, do not be surprised that although your interview went remarkably well your report shows a different version of what you think of yourself.
- Finally, know that the probation officer knows nothing positive about you. The interview will be limited to the probation officers scripted questions, governments version of the case and your background. It is very important to put some serious thought into your plans for the future, write a plan and be prepared to talk about it with the probation officer during your interview;
- You want to show that during your time as a pretrial detainee, or on bond, you were preparing for your release by learning a new trade and/or by taking advantage of classes, courses and certificates that were available to you.
- You should create a release plan (Click here to read the release plan section) that is realistic and actionable. Let the probation officer know that you have thought of your plans for the future, you are working on a plan and that you do not intend on going back to a life of crime.
- Let the probation officer know that you are a part of this organization, that you have published and are documenting a journey that shows your commitment to transform your life and to prove that that change is possible regardless of our past mistakes and current situations.
- Share your letter of membership from this organization, and a copy of your published profile’s story, book reports and articles written. These will be documented proof of your progress that will be attached to your PSR.
- Everything positive you say and provide to the probation officer will be attached to your PSR and will follow you during your journey. By doing so, it will help show that you are doing more than just serving time, you are taking responsibility, changing your attitude, set up goals, created a plan, are mentoring others and most importantly working towards a successful transformation of your life.