Most Defendants Wait Too Long to Prepare. Then They Regret It.
Most defendants wait to prepare and too many defendants assume their lawyer will handle everything. Others think staying quiet is the safest move. Both are costly mistakes. Judges, probation officers, and case managers rely on what’s in front of them—if you don’t present your own story, they’ll use the government’s version.
Our team has worked with thousands of people facing sentencing. The ones who get the best outcomes take preparation seriously—early. They influence their pre-sentence report, create a new record and build. Those who don’t? They’re left with regret when they realize too late that they could have done more.
Why Your Pre-Sentence Report (PSR) Matters More Than You Think
- The PSR influences your sentencing, prison designation, and even early release eligibility.
- Probation officers include recommendations, and judges follow them 87% of the time (U.S. Sentencing Commission).
- A weak PSR means the government controls your narrative. A strong PSR means you have a say in your own outcome.
The Mistake Defendants Make at Their Allocution
Some defendants use their allocution—the statement they give before sentencing—to say their conduct was “aberrational.” Judges often don’t buy it. One defendant tried to convince the court that his actions were out of character. The judge cut him off:
“You did this for 12 years. How is this aberrational? This is who you are.”
If the judge doesn’t believe you, they won’t be lenient. That’s why every word in your allocution must be deliberate. It should be vetted by your lawyer and supported by evidence, not happy talk.
Why Your Lawyer Might Be Giving You Bad Advice
Some lawyers still tell defendants to wait until sentencing to share their narrative. That’s outdated thinking. A probation officer writes the PSR before sentencing. If they don’t have your story, they rely on the prosecution’s version.
One defendant’s lawyer said, “Let’s just wait and give this to the judge.” Meanwhile, the probation officer recommended the harshest sentence possible. By then, it was too late.
The Power of Documenting Your Rehabilitation
- Judges want to see effort—not just an apology at sentencing.
- A written release plan helps case managers, probation officers, and the judge see a roadmap for your success.
- Example: A client who documented his rehabilitation before sentencing received a shorter sentence because his judge saw months of effort, not just a last-minute plea.
Case Study: David Moulder—From Facing Prison to Avoiding It Entirely
David Moulder was overwhelmed when he first found White Collar Advice. He had no idea where to start. After watching interviews with Judges Bennet and Bough, he understood that sentencing wasn’t just about showing remorse—it was about proving rehabilitation through action. Judge Bough’s words stuck with him:
“If you break my window, don’t tell me you’re sorry. Tell me how you’re going to fix it.”
David committed to fixing the window. He built his mitigation strategy, contributed to Prison Professors, and gathered letters from university professors. At first, his lawyers dismissed his efforts. They had never seen someone proactively mitigate their own case. But as David kept working, his legal team saw the value and used his materials in court.
The government labeled David as a “kingpin” in his case, but he didn’t accept that label. He took control of his narrative, showed the court his true character, and it worked. The actual kingpin in the case got 10 years in federal prison—David received one year of probation and 21 days in county jail. His takeaway:
“You cannot fake mitigation. Actions speak louder than words. Be the CEO of your own life.”
What Happens If Your Case Manager Ignores Your Release Plan?
Some defendants give up the moment a case manager dismisses their plan. One client had his release plan thrown in the trash. He was frustrated but kept building. Six months later, another case manager reviewed his work and approved him for early release.
The work isn’t for one person—it’s for the entire system that will review your record over time.
Case Study: Tracii Hutsona—Reducing a 51-Month Sentence Through Action
Tracii Hutsona faced 51 months in prison, a sentence above guidelines due to an aggressive victim impact statement. She didn’t know where to start, but she refused to stay stuck. She reached out to White Collar Advice, spoke with others who had been in her position, and built a plan.
With guidance, she created a release plan—not just for her case manager, but as an accountability tool. She posted it publicly and shared it with her prison team. Instead of waiting, she took action. She taught classes, helped others write release plans, and contributed to Prison Professors.
“Michael sent daily newsletters through Prison Professors, which helped me stay focused and informed throughout my time in prison.”
Her work paid off. When she filed for a sentence reduction after one year, the judge referenced her documented rehabilitation and granted it. Despite not being eligible for RDAP due to staff shortages, she still secured:
- An 11-month sentence reduction
- One full year in a halfway house
- Ongoing FSA credits
Tracii proved that proactive effort matters. Her judge acknowledged her work in court. If she had done nothing, she would have served the full 51 months.
Probation Officers and Case Managers Will Judge You on Your Record
- Probation officers who recommend leniency do so because they see a consistent effort—not just a sentencing-day speech.
- Case managers use your documented efforts when considering halfway house placement and early release.
- Federal judges have admitted that they follow defendants post-sentencing. Some have even granted early termination of probation because they saw continued effort.
The Excuses Defendants Make—and Why They Fail
Excuse #1: “I’ll start preparing after sentencing.”
- By then, it’s too late to influence the PSR, and your judge won’t see months of documented progress.
Excuse #2: “My lawyer said not to say anything.”
- Judges want to hear from you, it is that simple.
Excuse #3: “I’ll just do what’s required in prison.”
- Case managers don’t see required programs as exceptional. If you only do the minimum, you won’t stand out when it’s time for early release or probation recommendations.
How to Take Action Now—Before It’s Too Late
- Write Your Personal Narrative Now. Start shaping your story before your probation officer does it for you.
- Prepare for Your Probation Interview. The probation officer’s report will shape your sentence. Make sure they have the right information.
- Document Everything. Create a record that shows your growth. Judges, probation officers, and case managers all review what’s written, not just what’s said.
Need Help? Don’t Wait Until It’s Too Late
I’ve seen defendants get better outcomes by taking action early. If you need help, schedule a call with my team. Start now—because waiting won’t change the outcome.
Free Resources:
We’ve made six courses available at no cost to help you prepare for every stage:
- Government Investigations Course: Protect yourself during investigations.
- Probation Course: Prepare for the Pre-Sentence Interview.
- RDAP Course: Qualify for sentence reduction.
- Character Letters Course: Write impactful letters.
- Release Plan Course: Build a plan for reentry.
- Pro Se Motions Course: File federal motions confidently.
Click here to register for our next webinar.
Best,
Justin Paperny
