Thank you for joining us today. I’m grateful to those who continue returning to these webinars and taking action. Many of you are working hard, whether by retaining our team or using the free resources we offer.
That being said, I know not everyone is taking the necessary steps. Some of you attend without following through on the advice we provide. Others might be relying on early advice from a lawyer or friend that no longer serves them, even when there’s a better way forward. Some are stuck in the status quo, avoiding the difficult but necessary actions that can really make a difference in how your case is handled and ultimately what your future looks like.
To succeed, we need to act and role play. Let’s consider these questions:
What are your goals while you’re in federal prison, and how do you plan to actually follow through on them?
Can you give me some real examples of how you’ve changed or grown since this all started?
Have you thought about the harm your actions caused? What are you doing to make things right?How can I be sure you’re truly remorseful and not just saying what I want to hear?
What steps have you taken to own up to your crime, and how are you going to keep yourself accountable moving forward?
What’s your plan for getting back on track after you’re released, and how will you avoid slipping back into old patterns?
Do you really understand how serious your actions were? What have you done to change your mindset?
Once you’re out, how will you stay accountable and make sure you don’t end up back in this situation?
How can I trust that your participation in these programs is genuine and not just to check a box?
I read your letter where you talk about the pain and shame you feel from creating victims, and that you plan to make them whole. How exactly do you intend to do that?”
Now, I want to focus on how we sometimes get trapped by the way we think. I’ll use concepts from the book Nudge by Richard Thaler and Cass Sunstein, which shows how our decisions can be influenced by subtle forces, to explain why we fall into these patterns and how they can impact your sentencing and time in prison.
Status Quo Bias: Stuck in the Comfort of Doing Nothing
Status quo bias is the tendency to stick with what we know, even when we’re aware better options are available. I see this often—people who know they should prepare a narrative, gather letters of support, or engage in restitution efforts, but they avoid doing anything because it’s uncomfortable or overwhelming. They settle for doing nothing, thinking that’s easier.
This is a dangerous mindset. If you don’t act, you risk being perceived as indifferent or unprepared, which can lead to a harsher sentence. Judges, probation officers, and prosecutors are looking for signs that you take responsibility, that you’ve learned from your mistakes, and that you’re willing to make amends.
Ask yourself:
Have I fallen into a “wait and see” approach during this investigation? Am I avoiding steps that could improve my case?
Breaking out of this mindset means acknowledging that inaction is a choice—and often a harmful one. Even small steps, like drafting the first paragraph of your narrative or asking someone for a letter of support, can shift the momentum in your favor.
Loss Aversion: Fear of Action Holding You Back
Loss aversion is the fear of doing something that could backfire, which often stops people from taking action. Maybe you’re worried that writing a narrative or speaking too openly will make things worse. So, you stay quiet. But staying quiet can be more damaging.
Doing nothing might feel like the safe choice, but when it comes to sentencing, silence can be seen as indifference. Judges want to see that you’re taking responsibility, not hiding or avoiding the issue.
Ask yourself:
What could go wrong if I take action, versus what will happen if I don’t?
Reframe your thinking. Instead of focusing on the potential negative outcomes of taking action, consider the harm of doing nothing. Writing a narrative, showing remorse, and engaging in restitution efforts can demonstrate to the court that you’re committed to change.
Anchoring: Relying on Outdated Advice
Anchoring is when we rely too heavily on the first piece of advice we receive, even when new, more relevant information becomes available. This happens often. Someone hears from their lawyer or a peer that “there’s no need to do much for the judge” or “judges don’t care about narratives,” and they cling to that idea, even when evidence shows that additional effort could improve their sentencing outcome.
But the truth is, judges do care. The way you present yourself—your story, your remorse, your actions—can make a huge difference.
Ask yourself:
Am I still relying on early advice, or am I open to reassessing based on what I’ve learned from experts, judges, or our webinars?
Anchoring can hold you back from taking the necessary steps to influence your outcome. Be willing to adjust your approach as new information becomes available.
Framing: How You See the Situation Determines Your Action
Framing is about how you view your situation. If you frame your case as hopeless, you won’t take the necessary steps. You’ll feel paralyzed and believe nothing you do will change the outcome. But if you can reframe this situation as an opportunity—an opportunity to show the court that you’ve grown and are working to make things right—you’ll be motivated to take real steps.
Ask yourself:
Am I framing my situation as hopeless, or am I seeing it as an opportunity to take control of the outcome?
Reframing your mindset is essential. You have control over how you present yourself during this process. Taking steps now, whether it’s writing a narrative or engaging in voluntary efforts, can help you demonstrate your accountability.
It’s Not Enough to Watch—You Have to Act
It’s not enough to attend these webinars and gather information. You have to act. You have to do the work, have the difficult conversations, and be willing to shake yourself out of the status quo. The consequences of doing nothing are real. Longer sentences, more time in prison, and more struggles after release often come from inaction.
We can’t just watch videos or show up each week. You have to take deliberate steps, create a plan, and follow through. It requires sustained effort over time, but that’s how you improve your sentencing outcome and prepare for life after prison.
