In Monday’s webinar, my team and I discussed strategies for navigating a government investigation, preparing for sentencing, and maximizing opportunities in federal prison. Much of our discussion centered on Robert Cialdini’s book, Pre-Suasion: A Revolutionary Way to Influence and Persuade, and how its principles can be applied throughout these stages. Understanding these concepts can help you overcome expected cynicism from Judges and Probation Officers.
Pre-Suasion: Influence Starts Before You Speak
The concept of “pre-suasion” is about setting the stage before delivering your message. Most people facing sentencing focus on what they’ll say to the judge in court. While a well-prepared statement is essential, the actions you take long before you appear in court will determine whether you get a longer or shorter federal prison sentence.
Your actions and the content you create will influence their recommendations. If you approach this process with the understanding that everything you do builds a narrative, you’ll be in a much stronger position.
Persuading the Probation Officer: The Most Crucial Step
One of the most important lessons from Pre-Suasion is that effective influence happens before your Judge sees. you at sentencing. If you’re facing a government investigation or preparing for sentencing, your first priority is persuading the probation officer. They write the pre-sentencing report that heavily influences the judge’s decision.
Too often, defendants mistakenly believe they can sway the judge at the sentencing hearing alone. The reality is that the more a defendant tries to “sell” their case at the hearing, the clearer it becomes they haven’t done the necessary preparation. The probation officer’s report should reflect the narrative you want to convey. If you’ve demonstrated consistent, meaningful actions and built a strong narrative leading up to sentencing, you will have succeeded in persuading a persuader.
Judge Stephen Wilson: A Career Built on Hard Work
During the webinar, we discussed the background of Judge Stephen Wilson of the United States District Court for the Central District of California to emphasize how hard judges work to earn their positions.
Judge Wilson’s path to the bench follows:
B.A. from Lehigh University, 1963
J.D. from Brooklyn Law School, 1967
Trial Attorney, Tax Division, U.S. Department of Justice, 1968-1971
Assistant U.S. Attorney, Central District of California, 1971-1977
Chief of the Fraud and Special Prosecutions Section
Private practice in Beverly Hills, 1977-1985
Adjunct Law Professor, Loyola University and University of San Diego
Nominated to the federal bench by President Ronald Reagan in 1985; confirmed by the Senate
His career reflects decades of persistence and and hard work. For anyone preparing for sentencing, it’s valuable to understand that judges have taken long paths to earn their positions. Their decisions are shaped by years of experience, and they are more likely to respect defendants who demonstrate a similar commitment to hard work, discipline and integrity: shared values.
Google your judge and go through the same exercise:
Consistent Effort Over Time: The Stonecutter Analogy
One of the key principles of Pre-Suasion is that persuasion is not a one-time event. Personally I love the analogy of a stonecutter: “Look at a stonecutter hammering away at his rock, perhaps a hundred times without as much as a crack showing in it. Yet at the hundred-and-first blow, it will split in two, and I know it was not the last blow that did it, but all that had gone before.”
This analogy is highly relevant to sentencing preparation. You don’t persuade through one grand gesture or statement; you persuade over time with consistent, documented efforts that show a pattern of positive behavior and commitment to change. This is where the concept of “drip-feeding content” comes in—sharing key pieces of your story gradually, allowing stakeholders like the probation officer to see your progress over time. This ongoing engagement helps build a relationship and allows them to see that your commitment is sustained, not just a last-minute effort to gain favor.
Judge Bennett on Quality Over Quantity in Character Letters
Judge Mark Bennett, who served as a U.S. District Court Judge for the Northern District of Iowa, often emphasized the importance of quality over quantity in character letters. He noted that he would rather see a few well-crafted, genuine letters that speak specifically to a defendant’s character and efforts to make amends than a large volume of generic, unconvincing letters. The letters need to be thoughtful, detailed, and aligned with what the court wants to see: letters that speak to your character
Judge Gonzales Rogers on the Risks of Poorly Written Character Letters
Judge Yvonne Gonzales Rogers from the Northern District of California provided another critical perspective. She pointed out that poorly written character letters can sometimes enable negative behavior. If the letters do not reflect a clear understanding of the defendant’s actions or appear insincere, they can do more harm than good. This insight highlights the importance of ensuring that any letters submitted as part of sentencing preparation are well-considered, honest, and do not enable the defendant’s conduct.
Applying Pre-Suasion Beyond the Probation Officer
The principles from Pre-Suasion aren’t limited to persuading the probation officer; they apply to every stakeholder you’ll encounter. Whether it’s a judge, case manager, or even a halfway house director, the goal is to set the stage early and continuously influence them over time. For example, your efforts to persuade a case manager in prison can later persuade a counselor or warden to grant additional halfway house time or your Judge to grant early termination of your supervision.
How are you consistently building a timeline to persuade your probation officer and other stakeholders?
Start Early and Be Consistent
The key takeaway from the webinar and Pre-Suasion is that preparation for a sentencing hearing is not about convincing someone in a single moment. It’s about persuading the right people—starting with the probation officer—through consistent, documented efforts over time. As cliche as it sounds, your actions today set the stage for tomorrow.
Call us now at 310-940-9087 or schedule a call to get started.
Justin Paperny
Thank you,
Justin Paperny
P.S. Resources referenced during webinar follow:
