Is Your Lawyer Helping You Get A Shorter Federal Prison Sentence?
Three months ago a white collar defendant who plead guilty to paying kickbacks called me. He wanted our help in preparing for his presentence interview(PSR) and his federal sentencing.
Following our call, he asked his white-collar defense attorney for his opinion on hiring a federal prison consultant. The defense attorney told him he did not need a federal prison consultant because the outcome was going to be probation.
As a result of that bad advice, this white collar defendant failed to truly prepare for his sentencing. He did not prepare for his presentence interview–as a result, his PSR did not include his history of drinking which could help him qualify for the Residential Drug Abuse Program (RDAP).
Well, I think you see where this is going. As a result of his failed preparations, he did not get the outcome he expected; he was sentened to 27 months in federal prison. He regretted not using his judgment months ago.
Our new client asked me to share this video with you to ensure you do not make his mistakes. There can be no success without a plan and hard work. Watch this video, but more importantly, take action. Use your judgment to determine what is in your best interest.
To taking action and your white-collar defense attorney, it is important you learn to ask the right questions. If they are against a consultant, ask why. If they are against you writing a personal narrative, ask why. If they do not plan to attend your presentence interview with you, ask why. And so on.
When I was a defendant I did not what questions to ask or how to follow up appropriately. I was fortunate to have excellent lawyers, yet in retrospect, I could have done much more to mitigate.
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Another federal judge has found that the criteria for compassionate release, contained in the U.S. Sentencing Guidelines, is inconsistent with the statutory changes made by the First Step Act. Yesterday, Federal Judge Sim Lake reduced Arturo Cantu-Rivera’s prior...
I recently posted about my new law review article called Second Looks & Second Chances, and the argument that federal district court judges may use the compassionate release, as amended by the First Step Act, to give second looks in individual cases and then reduce the sentences in those cases. Last week, a federal district court in the Southern District of Texas used compassionate release for just this purpose.
A Second Look at a Second Chance: Seeking a Sentence Reduction under the Compassionate Release Statute, 18 U.S.C. § 3582(c)(1)(A), as Amended by the First Step Act
There is a viable argument for why federal district court judges can reduce a sentence for people in federal prison if “extraordinary and compelling reasons” are present, even if those reasons have nothing to do with medical, age, or family issues.