Video instructions and help with filling out and completing Form 2220 Affiliates

Instructions and Help about Form 2220 Affiliates

I-it's just abut printing with white collar advice I was at the zoo over the weekend and while watching my daughter's obsession with film INGOs and these other beautiful animals I got a call from a defendant who is to be sentenced today and I couldn't get over how unprepared he was for the sentencing hearing I just couldn't believe it so I this dilemma do i detract from you know my daughter's obsession with the flamingos or help this person because he was someone prepared I stepped away I helped him in thinking that others could benefit I am going to film this video on eleven things the defendants have to do before their sentencing here okay so I'm gonna use this blog of white collar advice is a small guy number one before your sentencing is your pre-sentence report accurate you'd be surprised how many defendants do not have an accurate PSR the PSR has to be accurate it's called the Bible in prison for a reason it can impact how much halfway house time you get the programs that you can enroll in you know there are so many things to prepare for I I have gotten calls from defendant to it said Justin I didn't really prepare for the PSR because my thirty six months or forty eight months sentence was a formality and then they realize that even though the judge was going to rubber-stamp the agreement with the US attorney that it can influence the prison that they go to the programs they participate in not properly disclosing evidence of substance abuse or health issues how could impact the job in prison big setter so when I spoke with this defendant on Saturday his PSR report was inaccurate in part because he completed it a year ago and it's a static excuse me the PSR is a dynamic document if you complete it and there are changes that take place in your life cooperation substance abuse medical or health issues etc it's a document that should work to be updated and this defendant was getting sentenced today based on a document that didn't reflect the accuracy of his life because there were so many changes in part because he wasn't prepared for the interview I mean here's our lesson plan on the PSR look at the questions that we believe a white-collar bias you should begin to go through this is just one part of how we prepare the background the family your physical condition mental and emotional health substance abuse education etc now you might look at the PSR form and I've had defendants say to me Justin they don't ask me that many questions or they don't ask everything per se so you want to have the ability to articulate it to express it to get into the details of your life in your background mental health issues or substance so we believe if fully prepared you should be able to easily answer these questions so issue number one is your pre-sentence report accurate as you prepare to get sentenced to federal prison okay number two do you have the appropriate evidence for the residential drug abuse program a couple of things a number of people have reached out to me after they've been sentenced and said I didn't think about preparing for our doubt because I was under the impression of my lawyer told me I'm only gonna get six months or a year in a day and then then they get three years or four years or anything more than 24 months which could have made them eligible for the program and it's doable but it's more work to try to unwind some of the bad decisions made in the PSR so as an insurance policy I encouraged if there is an issue to get it on the record and to be able to articulate easily what the problem is because it's damn near impossible once you're in prison here's an article I came across it says X access CEO can't now claim substance abuse essentially this gentleman surrendered to prison for forty two months didn't know about our gap until he got to prison now while there he's trying to amend or change the PSR to try to reflect some history of abuse the judge immediately shut it down it's not going to happen there's no chance he's going to get into our tub okay number three your narrative does your narrative have any rationalizations now as a speaker on white-collar crime I can tell you that many people think they're not rationalizing when they indeed they are it's sort of like when I play golf sometimes I don't want to hit it left in the water and that's exactly what I do I've read so many letters to the court where right at the beginning it says I didn't have criminal intent you honor I do not have criminal intent is not a strategy to get the most favorable sentence going into the details of the crime can be positive but if you begin to offer rationalizations or excuses if you don't have the proper skill set to articulate the details of the time of the crime you shouldn't do it too many defendants try to explain what happened without excusing and exactly the opposite happens they've done nothing but excuse their conduct and it can upset judges in fact I would encourage you if there's any rationalization in your letter or your narrative to the court that you don't turn it in okay let's transition to number four have you researched the most appropriate prison now there are no guarantees when dealing with the Bo P if anyone offers you a guarantee I believe them to be misleading or line you can prepare you can at your PSR you can at your sentencing asks for the most favorable prison based on your needs the problem however