November 11, 2014

You Are Going To Prison

To the extent I can collect data in my business, I do. That data includes making note of how many people fail miserably in their pre-sentence interview. Part of the reason, I know, is because some people immersed in struggle would rather complain than work. They have become numb to the process, and in many ways, have become numb to the fallout. With that sort of thinking in mind many get exactly what they deserve, a longer prison term and additional separation from those that rely on them.

Much of the time the defendant fails to prepare for their interview with the probation department because they believe their lawyers have it all handled. Indeed, earlier today I spoke with a defendant, Joe, who admitted his interview and statement of remorse during the pre-sentence investigation was terrible (his word). When I asked why it was terrible he acknowledged he had not prepared, besides the check he wrote to his lawyer and “sentencing consultant”. He told me his lawyer and consultant always said, ” I got you covered.” When I asked what that meant, he could not answer. Then he went on about how his lawyer “really” knows the judge, and that she was a former US Attorney and is a “big hitter” in the white-collar defense world. How do those facts, I asked him, demonstrate to the court that you are remorseful, ashamed, and committed to making amends for the pain you caused so many? He could not answer. At this point in the call he asked for my assessment. Considering his crime and lack of remorse I quietly said, ” it does not take your lawyer’s law degree from Harvard to know you are going to prison.”

From there I pivoted and asked him the following questions:

• Tell me about your family, including your parents and siblings.
• How would you say that your family feels feel about your current situation?
• Tell me about any history you have with substance abuse. (for those readers wondering why I ask this it has to do with RDAP, Residential Drug Abuse Program)
• When did your drug use begin?
• How would you assess your state of mental or emotional health?
• Have you made any recent attempts to transfer assets out of your name?

Considering this defendant paid his lawyer north of $500k he failed miserably in answering these questions. His answers were nothing short of rambles with no beginning and no end. As you likely guessed these questions above might be one of the hundreds of questions a probation could ask a defendant in order to gather information. Certainly, in my business I go through these questions with clients to ensure they are prepared, and are ready to sit for this interview from a position of strength.

In asking this soon to be prisoner some penetrating questions I learned how unnecessarily deferential he was to his lawyer. He did not want to call to “bother her” and any decision he made had to be “vetted by her in advance.” While listening I wondering at what point in this journey he totally abandoned his own sense of reason and judgment. This guy as much as anyone I have met did not need a lawyer, but a bucket of cold ice dropped on his head! He seems to have forgotten who works for who! He later admitted that days would often pass before his lawyer would respond to his emails. He was afraid to push, he said. After all she had it “all covered.”

I might work with this gentlemen as he prepares for his surrender. I even challenged him to make a decision without having to get the go ahead from his high priced New York City lawyer, who I later learned had a former BOP guard turned consultant on her staff. Once I heard that it all began to make sense.

Today’s lesson: Never forget the government is used to high priced lawyers issuing beautiful statements on behalf of their clients. That is what they are paid to do. You do not need a lawyer to hold your hand, but to push you, prepare you, and remind that you everything you say has potential repercussions that could last a lifetime. When prospects call me about the pre-sentencing investigation I ask them some of the many questions they might be asked. Getting back to data: Nearly 100% of them are unprepared to respond appropriately with precision and a vision in mind. Worse their answers are full of excuses and rationalizations. Some wise up and hire me; others stay stuck on neutral, and continue living with the belief that their high-priced lawyer will somehow make it all better. The only thing that will make this better is work, good old hard work. I have had clients get better results with the public defender, than with those who dropped big money on a lawyer. Regardless of who you hire you have to work! Again, the government is used to the eloquence from lawyers. To succeed, the defendant must take control of the narrative and demonstrate he is different than the majority of people and their ilk that advance through the system.

Too many, like Joe, learn this lesson to late.

Justin Paperny

P.S. I wrote this blog with one hand while holding my baby! Impressive, right?

It is never too late to start preparing…Download Lessons From Prison Now to discover what is truly possible in federal prison.

Get Instant Access

You have Successfully Subscribed!