Physician Presentence Report Service
Dr. Marc Blatstein (Marc)
www.PPRSUS.com
DrMB@PPRSUS.com
Disclaimer: I am not an attorney, and yes you need legal representation. There is no guarantee, implied or otherwise of final prison placement, medical, or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues’, placement, and program enrollment once incarcerated.
In addition to the defense teams’ insight as to their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process. These are recommendations only from PPRS/PPRSUS, and the final responsibility lies with the legal team, court, and BOP.
What Are Your Options?If you’re hearing FBI whispers,• Start interviewing attorneys, ask questions, get references, ASK TO SEE SEVERAL SENTENCING Memorandum, written for previous clients WITH CLIENT ASES SIMILAR TO YOURS• Then be honest with your attorney, and yourself ABOUT YOUR CASE YOUR ATTORNEY HAS EXPERIENCE· In case law· Researching statutes· Assessing evidence· Undermine the prosecutor’s evidence· Producing evidence to support the defense· BUT Not all attorneys have the time to exhaustively research your background – which I’ll address later.· They are relying on you to provide them with 100% accurate information about the complaint and what happened, PSI Preparation is crucial – You Are your best and only Advocate Ask yourself: • Do you have confidence in your defense TEAM?• Do you need additional team partners who are specialized in, • Sentencing Mitigation, Allocution, Personal Narrative, Reentry Planning, and Self-Advocacy while in the BOP through the FSA, 2nd Chance Act, Compassionate Release (which is difficult to get), pre-assist you through Administrative Remedy Process, and essentially show you how to self-advocate for yourself (and what to expect) while you’re inside. 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;o get a “pulse” on how much they know, to o present their case/defense strategyo 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. PREPARATION:• Attorney Interview, Working together - must be a Joint Project - Decision #1: Trial or Plea PRACTICING: Your Allocution (& Memorandum), for the Sentencing Hearing· Your Personal Narrative, could take a month+ to write· The Memorandum was given by your Attorney Your Presentence Interview (PSI)· You know Your Narrative → weave it into your conversation with your PO, for placement into your Presentence Report (PSR), which is now complete. NARRATIVE· Express remorse, while still understanding the victim’s pain, suffering, and how it has impacted them.· Agree with the court as to the seriousness of the crime, without minimizing it. Expand on this topic· What in your life brought you to this moment, what happened that caused you to do this?· What has this experience taught you – what have you learned?· Did it bring up moments from your past?· Explain to the Judge that you have a plan (only if you do), to start making this right with those you have victimized –· or if you have already started, what are they, no matter how small those efforts have been?· Show thoughtful actionable plans to emerge successfully.· Helps readers empathize with the defendant as an individual – not as a felon · What you have learned,· Why you’re asking for leniency and· Why you’ll never be back to this or any courtroom 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 employedBefore Sentencing, and During Incarceration 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. SELF-ADVOCACYAllocution – Follows Your Personal NarrativeALLOCUTION· A sincere demeanor· A discussion of what “taking full responsibility” actually means to the defendant;· An acknowledgment that there are victims, (e.g., even when the PSR indicates “no identifiable victim,” as it does in most drug cases);· A more impressive allocution details how the defendant’s criminal conduct actually affected the victims.· An expression of genuine remorse;· A plan to use prison or probation time productively;· A discussion of why the defendant wants to change his or her criminal behavior; perhaps most importantly, information that helps humanize the defendant and the defendant’s role in the crime.· Tell their story, but don’t minimize the seriousness of what your client did.· Judges will sometimes ask a defendant what he/she will do upon release to reduce their need to re-offend.· Show his/her strengths and weaknesses.· If you can show that you are on the same page with the court regarding the seriousness of the offense, the chances of accepting your other statements will increase. 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 Allocution – Your Personal NarrativeHere’s what Federal Judges Want To Hear· We’re interested in a defendant who has the capability of introspection and who has come to grips with the impact of his offense on others· “No punishment will be enough. If I could go back and change everything, I would.”· I am persuaded that the defendant is sincere and demonstrates insight into the crime.· Allocution is very important, “I like to have a conversation with the defendant,”…· I want him to apologize to the victim and his or her family, particularly if they are in the courtroom. · “Allocution, however, changes this when I see the defendant has insight into the harm he has done,” when I see the defendant has insight into the harm he has done” · “I am looking for remorse and insight as to why he did what he did and what he is doing to make sure that it doesn’t happen again.· “Lawyers must 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. 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 guidelines2. If RDAP is applicable now is when your attorney can ask for it to be put into the order, and if the judge agrees, then3. 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,· The BOP could notify the court in writing · Why they couldn’t make this placement? You’re Now The Target of The FBIYou Have A Choice -
PREPARE FOR A SUCCESSFUL -- LIFE AFTER YOUR RELEASEConsultations are on me.Thank you! Marc
240.888.7778
Physician Presentence Report ServiceNo matter where you are in The Process, there are things we can do * No Physician, Attorney, or Consultant can promise any outcomes.
