AFTER YOUR ATTORNEY’S FIRST MEETING WITH YOUR PO AND BEFORE YOUR PSI – FOLLOW-UP WITH A LETTER
Manage episode 428759352 series 3407154
INDICTED AND FACING PRISON.
· The Lesson: Prison is Temporary.
After your 1st meeting with the Probation Officer, follow up Letter (#1) that:
1. Humanize your client while advocating your defense strategy.
2. Review the documents the officer needs and by what date.
3. The date(s) their final PSR dictation and final objections are due.
4. What dates are best for the Interview? It should be at least three months away.
5. A Sentence and Placement Recommendation may possibly be suggested.
6. Sentencing Guidelines Calculations (specifically if these are complex cases involving multiple counts, various guidelines, and calculations), providing a detailed explanation that is easy to understand as these officers are not attorneys (preferably in person), will likely be appreciated by the officer.
7. Restitution/Foreclosures, Supervised Release. Financial Restitutions are to compensate the victim, and forfeiture and fines are to punish the defendant. Supervised Release (SR), while no one wants it, needs to be in the J&C as they are requirements for early release to HH or HC. Therefore, what is the least amount of time under SR, six months?
8. If you feel that an enhancement is on the table, consider why that may not apply, but if it does, admit it and say so.
9. Present the defense’s version of what happened; to do this, you need all the information from the prosecutor. A well-written Narrative with a Release Plan is also strategically helpful.
10. This can also become part of the Allocution and be woven into the Release Plan and Narrative.
11. Attach salient points from a few Character Reference letters (look at my character letter section.) The remaining letters can be provided and left with the Probation Officer at their PSI.
12. Mental Health Evaluation. Most individuals have some mental health issue that goes undiagnosed. If your clients face a large sentence, and you have the slightest doubt as an attorney, Get Them Evaluated.
· Even if the client is just taking anti-anxiety medications, should there be an underlying condition, this is their future.
· Whether you use that information is up to the client and counsel.
· If that medication contributed to the charges, and it was within the 12 months before your arrest, then you may qualify for RDAP, which needs to be included in their PSR.
13. Include in the Personal NARRATIVE pictures of the client and their family. The Narrative could also be one with a 10-minute Video and could have more impact on the judge.
· Counsel, at their first meeting with the probation officer, can ensure they fully understand the case and our position.
· This personal connection can significantly impact the outcome, making it crucial for the defense to take every necessary step to ensure the best possible outcome.
· If you lose at trial (most do), don't despair. You can still present your case interpretation and make a compelling argument by scheduling a personal meeting with the probation officer.
· Remember that probation officers are often overwhelmed with their workload, so it's important to accommodate their schedule and document requests.
Call me Today at 240.888.7778 to engage my services or have your concerns answered. This is my Cell phone number, and I personally answer and return all calls.
You can also get additional information on my website: PPRSUS.com.
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