Not long ago, I raised my voice at someone who had been on many of our webinars. He’s smart, funny, likable, and he told me how much he appreciated our content. Then I asked him, “When are you getting sentenced?” He said, “Soon.” I followed up, “What have you created?” He hesitated.
That pause told me everything.
Like a lot of people, he thought cooperation was enough. He had proffered, he had written a large restitution check, and he had well-regarded lawyers. He believed that because he’d done what prosecutors wanted, they would view him as an ally. That’s when I had to stop him.
Prosecutors are not your friends. They’re professionals doing a job. I know—I’ve become friends with the FBI agent who arrested me, but that happened after I served my sentence, not before. While your case is active, the prosecutor’s purpose is to win. Full stop.
So what does their playbook look like?
- They build cases. They gather evidence, line by line, fact by fact.
- They interview witnesses and victims. They expand the narrative with voices that strengthen their side.
- They research statutes and case law. They craft arguments that anticipate your defenses.
- They develop a story. One that reduces you to a set of labels—“criminal,” “fraudster,” “liar.”
- They create leverage. They design strategies to push you into a plea agreement.
- They prepare for trial or sentencing. They polish their version until it looks airtight.
That’s the playbook. That’s the purpose. They are not tasked with helping your family, softening your landing, or preserving your career. Their focus is a conviction, because convictions advance careers.
The question, then, is whether you are willing to work as hard as they are. Too many defendants tell themselves that cooperating or paying money back is enough. It isn’t. If all you do is cooperate, you’re still letting the government define who you are.
And it doesn’t stop with prosecutors. Probation officers have their own playbook. Most studied criminal justice, wanted law enforcement, and view themselves as guardians of society. Their reports lean toward the government’s version. If you don’t influence them, they won’t humanize you. They’ll reduce you to conduct, harm, and a guideline range.
Judges, too, come with their own biases. Many were prosecutors. They see a steady stream of guilty pleas—90 percent or more of cases. They don’t arrive neutral. They arrive with instincts shaped by years of hearing the same arguments, day after day.
So what can you do? Study your judge. Where they went to school, what roles they’ve held, what values guided their career. Then document your own story in ways that connect. Write down what you’ve learned, the decisions you regret, the influences that defined you, and the steps you’re taking to change. Judges want your voice, not just your lawyer’s.
Because here’s the reality: if you stay silent, the prosecutor’s playbook becomes your playbook. And I can promise you—you won’t like how that story ends.
Justin Paperny
