Do I need a Personal Narrative if my attorney is submitting a Sentencing Memorandum? The answer is yes. The Sentencing Memorandum is a powerful tool, and if you have a good attorney it can be helpful. The judge however knows that your attorney has been paid to write the Memo. No matter how true the facts might be about your good deeds, your first time making a mistake, or the fact that you have a family, it’s still written by a person who is paid to write the document.
If you as the defendant take the time to write a personal narrative the judge has an opportunity to know you apart from your crime that you have been charged with. Without a narrative, all he knows is what the probation officer tells him about you and what he reads in your DOJ press releases. The narrative will help him understand your upbringing, substance abuse issues, factors that have influenced your crime, remorse, and action steps you plan on taking. When you establish an action plan post-conviction, work that plan, and when your sentencing date comes you are able to provide the judge with a new track record of all the things you have done to recreate your life, it can be very powerful. If your action plan states you are going to work a second job to save for restitution, attend 12 step meetings, start a new career, and attend a white-collar support group to ensure the behavior is not repeated, this could be very influential in a judge departing from the sentencing guidelines. Nothing is guaranteed, but I have seen defendants put in this type of work and receive much lower sentences than initially expected.
