Hardly a day passes in federal prison without someone saying, “I assure you my sentencing judge had his mind made up the day of my sentencing hearing. Nothing my lawyer or I could have done would have changed the Judge’s mind–nothing. It is what it is, you know?”
No, I do not know nor do I agree with the assessment that a Federal Judges mind is made up before the federal sentencing hearing even begins.
As an exercise, however, let’s work under the idea the Federal Judges mind is indeed ALREADY MADE UP.
What then?
If that is the case, you better make sure your sentencing mitigation was perfect leading up to to the sentencing hearing. That perfection includes having a favorable federal pre sentence probation report (PSR), compelling first personal narrative, character reference letters and well documented community service work.
Your mitigation work, in our opinion at White Collar Advice, should tackle the eight questions I pose below and address in this video.
1:50 – What have you been doing since getting arrested?
2:44 – What does that mean you are sorry?
3:38 – How do I know you will never return to this courtroom as a federal defendant?
5:04 – How will you make your victims whole?
6:08 – What will you do with the rest of your life?
8:25 – What fractures have you had in your life?
10:14 – What have you learned through this experience?
13:12 – In what ways do you give back to your community?
14:55 – Have you been working leading up to your sentencing hearing?
Regardless of whether you think the Judge’s mind is made up the day of your federal sentencing, you have to answer these questions.
Do not delay.
Do not wish for a better outcome at your sentencing hearing.
Do not outsource all of the work to your white collar defense attorney.
This is your life–take action, be authentic and work around the clock to demonstrate why you are better than the government’s version of events.
Thank you,
Justin Paperny
