(Click the Play button above to listen to the whole podcast)
The past is fixed. Nothing you say can change it. But you can make decisions today that influence how the next chapter unfolds. That begins with introspection.
Too many defendants convince themselves that compliance is enough—showing up to pretrial, paying some money back, saying they’re sorry in court. That’s the bare minimum. Judges expect it. Prosecutors expect it. It doesn’t set you apart. If you are like everyone else, you will be treated like everyone else.
The real question is: what do you show the judge that goes beyond the indictment, the probation report, and the prosecutor’s narrative? Because prosecutors don’t know your life. They know the victims’ statements, the FBI’s reports, and the charges. Their focus is conviction and career advancement—not your family dinners, your lost job, or your intentions. That’s why judges press for something different.
Over and over, judges tell us the same thing: “I’m sorry doesn’t move the needle.”
I’ve been to at least 1,500 sentencing hearings. I’ve heard the same lines every time: “I’m sorry. I’ll miss my kids. God has shown me the way. I cooperated. Please give me leniency.” Judges hear it daily. It feels sincere to the person saying it, but without evidence, without a plan, without proof, it’s noise.
Judge Bough put it bluntly: if you broke his window, don’t say you’re sorry. Show him how you’re fixing it. Don’t point at Bobby next door. Don’t hand him excuses. Show him actions.
Judge Nancy Gertner has said she values rehabilitation plans, especially when they’re already underway. Judge Bennett told Michael Santos he’d be impressed if a defendant’s plan appeared in the probation report—but admitted he’s never seen it. Judge Ralph Erickson said he wants to know what someone did when no one was keeping score.
That’s the lesson: judges want to see you fixing it. Not later. Not the night before sentencing. Now.
So ask yourself: what evidence can you point to today? Are you documenting restitution? Are you showing genuine steps to identify with victims? Are you working, learning new skills, volunteering in ways that aren’t contrived? Are you writing down what you’ve learned and how you’re applying it?
Because if you don’t fill that record, the government will. Their press release, their indictment, their story will become your story. John Locke called it tabula rasa—the clean slate. But the slate isn’t handed to you. The government fills it with its version unless you create something to counter it.
Start small. One page. One action. One date you can point to. Build on it consistently. Share it with someone who won’t flatter you but will tell you the truth—“this works” or “this doesn’t.” Judges read everything. They notice when a defendant has been building a credible record over time.
In the end, the judge is asking a simple question: why should I believe you won’t come back to my courtroom?
Saying you’re sorry won’t answer that. Showing how you’re fixing it will.
Justin Paperny
