Other than your sentencing judge who can always modify your sentence, whether through a rule 35 cooperation agreement, compassionate release, or another possible legal reason, once you or your loved one have been sentenced, you will go to federal prison and serve a certain portion of your sentence there.
As I explain to all of our clients, an effective mitigation strategy comes in two distinct stages, pre-sentencing and post-sentencing.
In the pre-sentencing stage, the goal is to assist you to advocate for the lowest possible sentence, ideally a non-custodial one if possible. You also need to understand that all of the programs currently available in the BOP to help you to reduce your sentence such as RDAP and HIT require the proper documentation prior to your pre-sentence interview and eventual sentencing.
The second stage is the post sentencing piece. Once we know what number the judge has given, then we need to begin to put together an effective strategy to help you spend the least amount of time in custody and the most on a non-custodial sentence as possible.
I recently had lunch with a client who offered us an unusually high fee if we could help him to get out of prison sooner than what was possible. I explained that while there are many unscrupulous “advisors” who will happily take his money for that promise, and never be heard from again or just make up a lot of excuses once you are in prison as to why they cannot do what they promised, it basically is just a numbers game.
Once we know what the length of your sentence is, and what programs you are eligible for, then factor in the “ETC’S”, earned time credits that you will earn under the FSA, we can have a cogent conversation about the best and likely worst case scenarios you might face in prison. We can discuss the potential time available for the halfway house and home confinement periods as well.
Remember, the judge will impose a term in the BOP, but from that point going forward, there are strategies and certain programs that might be available to you or your loved ones so that spending more time in a non-custodial setting such as home confinement is possible.
Don’t believe the unsolicited letters that you might receive out of the blue from someone professing to be a prison consultant after your sentencing occurs. An effective strategy should begin as soon as possible upon knowing of a potential federal charge.
People prey on your desperation and fear of prison. We saw it in my email from last week about the scammers calling spouses and parents of loved ones who were recently incarcerated promising an imminent release if they send money to them via a cash app.
Don’t get dragged into this wormhole. Call, text or email me if you would like to discuss an effective pre or post sentencing strategy.