The Cost of Playing Catch-Up Before Sentencing

A father facing sentencing tomorrow called me with his kids. The kids were worried. Their dad? He thought he was in good shape because he hired a top-shelf lawyer—former federal prosecutor, big LinkedIn presence, thousand bucks an hour.

He said, “I think I’m good. I’ve got a great lawyer.”

I said, “So what?”

I wasn’t trying to be rude. But it had to be said. Judges don’t care about your lawyer’s resume. They care about you—and what you’ve done, not what you say you’ll do. That’s the part most defendants get wrong.

Judges Aren’t Sold by Awards or Rates

It’s a common trap: people think hiring a well-known lawyer is the key to a lighter sentence. But the judge isn’t influenced by who your lawyer is. The prosecutor doesn’t care either.

Here’s what actually matters:

• What have you done to make things right?
  
• Have you tried to fix the damage, or are you just saying sorry?
  
• Is there a pattern of work? Or are you scrambling days before sentencing?
  

That’s what the judge is looking for. And they’re not shy about saying it.

Judge Bough once said: “If you break my window, don’t just say sorry. Tell me how you’re fixing the window.” That quote should be on every defendant’s refrigerator. Because it sums up what mitigation really is.

Why 12 Pages of Apology Won’t Help

Back to that father. He told me, “I wrote a 12-page sentencing letter. My lawyer said it’s fine. I will read it to the judge.”

That’s when I asked him: What have you done?

He said, “Not much. I saw the interviews you did with judges. I’m just trying to play catch up.”

Trying to cram all your remorse and good intentions into one letter at the last minute is like trying to study for the bar exam the night before. You’re not fooling anyone. Especially not a federal judge.

If you’ve spent two years doing nothing to fix the damage or show growth, no 12-page document is going to fix it. In fact, the longer the letter, the more obvious the lack of a record becomes.

The Truth About Sentencing Statements

If you’ve done the work, your sentencing statement will actually be shorter—because you’ll have evidence to point to:

• Volunteer work you started on your own
  
• Money repaid to victims
  
• A personal narrative with specifics—not excuses
  
• Letters from people who’ve seen you change
  
• A track record of new habits, not just words
  

In those cases, the judge doesn’t need a performance. They already see a pattern. They see someone who took responsibility early and followed through.

But if you don’t have that track record, the court’s going to rely on two people:

1. Your lawyer, who’s paid to say you’re a good person with bad luck.
   
2. The prosecutor, who’s building a case for punishment—and a career on conviction stats.
   

If you’re silent in your own defense—or if you only speak up days before sentencing—the judge has no reason to doubt the prosecutor’s version of your story.

What Defendants Get Wrong About Mitigation

This dad had two years to show the judge something real. Instead, he waited until sentencing was around the corner, hoping to wing it with a long letter and an expensive lawyer.

That’s not a strategy. That’s a gamble—and a lazy one.

Real mitigation takes time. It takes consistency. It’s not a PR move. It’s work.

I’ve spoken with dozens of federal judges on and off camera. Every one of them says the same thing: They want to see what you’ve done—not what your lawyer says you feel.

The Fix: Build a Record, Not a Sales Pitch

If you want the best sentencing outcome, don’t try to sell your way out of it at the eleventh hour. Start building early.

• Write honestly. Not once. Regularly.
  
• Get involved in restitution, service, or education.
  
• Document everything.
  
• Don’t just say you’ve changed. Prove it, little by little, over time.
  

Because when sentencing day comes, you’ll either show the judge a record of progress—or you’ll hand them a long letter and hope they believe it.

They probably won’t.

Justin Paperny

---

If this resonates, join our team this Monday at 1 p.m. Pacific, 4 p.m. Eastern. We host a free webinar to answer questions, share lessons from real cases, and help you avoid the most costly mistakes people make during a government investigation. Bring questions. Come ready to learn.