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Pre-Sentence
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White Collar Consult Service...
Pre-Sentence
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What do you need to know about our
pre-sentence services?
What do you need to know about our pre-sentence services?
Often, when a person is arrested or charged with a federal crime, they believe that there is nothing they can do to influence the outcome of their sentence. Our experience shows that this is not always the case. Defendants often put their entire trust in the hands of their attorney, believing up until the last moment that they will receive a probationary sentence or a non-custodial sentence. It’s common for these defendants to be stunned when they receive sentences of 2, 3, and even 5 years in prison. Many look back, wondering if there was something they could have done to put themselves in a more favorable position at sentencing.
My team at WCC and I work to craft a personal sentence mitigation program, specific to each client and their case. We analyze each client’s situation on a personal level, taking into account the circumstances behind their case, prior decisions by the courts, and sentencing judges. We then implement plans and programs designed to position our clients for the potential of a lower sentence.
There are several cornerstones to every sentence mitigation plan that we implement. If done properly, these have in the past provided opportunities for a departure from the sentencing guidelines, ultimately leading to a lower sentence.
Personal Narrative
In many cases, your probation officer, who will prepare your presentence investigation report and make a recommendation to the judge about your sentence, knows very little about you. The probation officer typically only knows what the prosecutor has told them about you and what they may have read about your case in the Department of Justice press release. Your sentencing judge will learn about you from this report.
The personal narrative is a critical document that provides a clearer picture of who you are beyond the decisions that led to the crime. Several of our clients’ probation officers have commented on how useful this document was in crafting the presentence investigation report. In some cases, it has even led to the probation officer recommending a significant departure from the sentencing guidelines put forth by the prosecutor.
The narrative we create essentially encompasses our client’s life story, covering their upbringing, education, family, employment history, the circumstances surrounding the crime, and any history of drug and alcohol abuse. We also outline a plan wherein our client expresses remorse and regret to the victims and others who have been harmed, providing a detailed strategy for making amends and taking responsibility.
This part of the narrative is crucial. The judge and probation officer can review it to understand our client’s progress and growth by the fulfillment of the amends plan. Our team will work closely with our clients, providing them with detailed questions. With our help, the client can answer these questions, and together we craft a document that aids all parties in making a more informed decision during the presentence investigation and ultimately at sentencing.
Pre-Sentence Interview Preparation
As stated above, this interview is the most important one of your life. When you meet with your probation officer, in most cases, the only information they have about you is what they’ve been told by the prosecutor. We prepare you for this interview, employing tactics that have helped us and our clients achieve success in these interviews and ultimately obtain a favorable presentence investigation report. This report plays a major role in determining your sentence.
During the interview, we will have you prepared to express the regret and remorse that you feel towards your victims. We’ll also help you outline an extensive plan detailing how you intend to avoid ever returning to a courtroom. In some instances, due to a favorable interview, we have seen probation officers recommend a sentence lower than what was initially suggested by the prosecutor.
In contrast, we have witnessed some clients approach a pre-sentence investigation interview unprepared, refusing to take responsibility, and portraying themselves as victims. These situations often yield disastrous results, leading to highly unfavorable Pre-Sentence Investigation Reports.
Character Reference Letters
Character reference letters are written by individuals who have known you for an extended period of time and have intimate knowledge of who you are as a person. If done correctly, these letters can have a significant impact at sentencing. Our team has extensive experience in preparing character reference letters, both for our own sentencing and for our clients. There is a specific approach that we’ve found can potentially bring about successful outcomes.
In the sentence mitigation process, we’ve discovered that a certain number of letters is most effective at sentencing. We’ve also identified strategies and styles that are most well received. Conversely, conveying the wrong message in these letters to a judge can have disastrous results.
In the event of a government investigation or arrest, it’s crucial to act quickly and put a defense and mitigation plan in place immediately. If you would like to discuss your situation with our team, please book a no-obligation, confidential call with us today.
Secure Your Future
Let our team guide you through this critical phase, ensuring you’re well-equipped to face the challenges ahead. Contact us now to discover how we can help you make informed decisions and navigate your case with confidence.
Make Your Case Today
Schedule a time for our team to review your current legal situation.
