1. Do I need to hire a private attorney?
2. How do I know if my plea agreement is good?
3. How do I know my lawyer is doing everything they should?
4. I have a bad probation report. Is there anything I can do about it?
5. I’m going to be sentenced soon.  How should I prepare?
6. I was sentenced to more time than I expected.  Is there anything I can do about it?

Do I need to hire a private attorney?
NO.  If you have been provided the federal public defender or have been appointed an attorney by the court, you can still get excellent representation without spending considerable money on a private attorney.  If you have limited funds it is better to get the assistance of a mitigation expert who can assist your attorney by helping you get the best sentence. Working with a court appointed attorney will show the Court several things:

1. You are cooperative and accepting responsibility early
2. You didn’t gain substantially in that you have financial reserves to hire expensive counsel (which in a fraud or theft case could have been funds used to reduce restitution)
3. You are working on a plan of rehabilitation with a mitigation expert that can assist you in telling the court in a brief that custody time (traditional punishment) is not thee most important issue at sentencing.

FEDERAL SENTENCING HELP assists you by providing expert paralegal services to your attorney.  See the ‘Services’ section of this web site.

 

How do I know if my plea agreement is good?
Does the plea agreement:

1. Offer you the same sentence you would have received had you gone to trial?  If so, then it is not a good plea agreement.
2. Allow the defense to argue further downward departures and against certain increased adjustments at sentencing? This is an important inclusion.
3. Allow you to detail all forms of mitigation at sentencing? This is another important inclusion.
4. Limit the amount of custody time or is it open-ended?  An open-ended agreement is typically not the best option. Limitations on custody are best but should not be restricted to a specific amount of months.
5. Restrict the sentence to a specific guideline? A range is best with the ability to go further down and no further up.

Remember:  when it comes to plea agreements, the first draft is not necessarily the only draft that will be authored.  It is merely a formal way of allowing your lawyer and you to start plea negotiations.  And, depending on the district of your offense, there can be great opportunity for some upward adjustments of your sentence to be negotiated out completely.  For example, a person being sentenced for child porn may face an upward adjustment of four points towards their sentence for masochistic, sadistic pictures.  However, if the pictures are few in number and it is apparent that they are only a part of sting organized download of material, then this upward adjustment could be negotiated away.
FEDERAL SENTENCING HELP assists defense counsel in reviewing plea agreements regarding sentencing issues and possible mitigation. Starting early assures you the ability to do all you can do to reduce your sentence prior to the scheduled hearing.

How do I know my lawyer is doing everything they should?
Your attorney should:

1. Offer to have you and the prosecuting attorney get together.
2. Indicate to you what the worst case scenario would be if you pled guilty to the offense, making you fully aware of the possible jail sentence you would serve.
3. Mention utilizing a sentencing expert to help mitigate the case.
4. Provide a plan on how he/she proposes to get you less time.  This plan should be very specific.
5. Help to prepare you for the probation interview.  One of the many ways they can do this is to assist you in getting character references.

Retain the services of FEDERAL SENTENCING HELP to assure you that your attorney is doing everything s/he can to get you the best sentence possible under the Federal Sentencing Statute and Guidelines.

I have a bad probation report. Is there anything I can do about it?
Remember:  probation is a law enforcement agency.  It is their job to let the court know the worst case scenario.  Therefore, the sentence outlined in their report will typically be the harshest.  Regardless, you should go through the probation report with your lawyer and look for any errors that will make a difference in the actual sentencing range given to you as soon as possible. Filing a brief correcting the errors (Rule 32) and one that mitigates the sentence needs to be filed with the District Court 10 working days prior to your sentencing hearing. 
FEDERAL SENTENCING HELP can assist you in clearing up errors in your PSR and in providing a more compelling picture of whom you are and why you deserve a second change.  See the ‘Services’ section of this web site.


I’m going to be sentenced soon.  How should I prepare?
Make sure your lawyer files a sentencing brief.  All federal judges determine sentences prior to the hearing date.  If the defense attorney does not files a sentencing brief, then the court will have to determine a sentence based on the probation report and any briefs presented by the prosecuting attorney (a brief from the prosecuting attorney is normally called a 5K1.1 motion).
FEDERAL SENTENCING HELP can help your attorney help you!


I was sentenced to more time than I expected.  Is there anything I can do about it?

• If you pled guilty, you most likely gave up most of your rights to appeal; therefore you must check the plea agreement and determine if this is the case.
• You do always retain the right to a constitutional appeal.  See the ‘Services’ Section of this web site.
• Have a sentencing expert/consultant or lawyer review the sentencing transcript, the indictment, the plea agreement and the probation report to determine if there is legal reason to pursue a constitutional appeal.  Your family can order the sentencing transcript by calling the District Court Clerk’s office and requesting the name and telephone number of the court reporter.

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