Early Mitigation Efforts
When people first hear that the government has brought charges against them, most react the way I did decades ago: fear, confusion, and a desperate hope that a good lawyer will somehow make it all go away.
I learned the hard way that a legal defense is only part of the story. The other part—the part no one explained to me—was mitigation. That’s the record you build of who you are, what you’ve learned, and how you intend to live differently going forward.
I didn’t fully grasp this until after I was sentenced. Over 26 years in federal prison, I interviewed thousands of people. I wrote their stories. I saw how some earned leniency and opportunities, while others lost them. Since my release, through Prison Professors, I’ve continued to work with people going through the system, and I’ve spoken with judges about what influences their decisions. You don’t need to hire a prison consultant to learn from these steps; you simply need to want to work toward the best possible outcome.
Here are ten lessons I’ve drawn from that journey.
1. Start Early
One man I met inside used to say, “Hope isn’t a strategy.” He was serving a long sentence and admitted he had wasted his first year waiting to see what would happen. By the time he realized he should have been preparing a record, the chance to influence his judge had already passed.
Judges see hundreds of defendants a year. They can tell who has been working steadily to change and who starts scrambling a month before sentencing. If I could go back, I would have started documenting my journey from the moment of my arrest, when authorities locked me in solitary confinement. That was the time I should have begun to reflect, to begin untangling the mess I had gotten myself into. It would have been a first step.
2. Write Your Own Story
In prison, I interviewed men who had been portrayed in court as monsters, or complete scam artists. Many of them had families, careers, and contributions that never came up in their cases. The government had reduced them to a single narrative: their crime.
Your personal narrative is your chance to correct that imbalance. Judges have told me they want to understand the human being in front of them, not just the defendant in the indictment. That only happens if you take the time to explain your background, the mistakes you made, and what you’re doing to change. Learn steps you can begin taking today to help your judge see the totality of your life. You should expect prosecutors to write a narrative that you will not like. It’s your job, not your lawyer’s job, to write a more accurate story that reflects the reasons that you’re a great candidate for mercy.
3. Be Honest About Struggles
I remember a man at Taft who admitted that he had battled alcoholism for years. He hadn’t disclosed it in his presentence report because he thought it would make him look bad. By staying silent, he disqualified himself from the Residential Drug Abuse Program—one of the few opportunities to earn up to a year off his sentence.
Hiding struggles doesn’t protect you. It shuts doors to opportunities for you to change the outcome of your life, and as with the man above, it could also disqualify you from getting the benefit of administrative programs that could lead to an earlier release date. If substance abuse or mental health is part of your story, acknowledge it and show what you’re doing to address it. Judges respect honesty. Learn everything you can about the system so that you can put yourself in the best position for a better outcome.
4. Demonstrate Service
During my years inside, I met people who built tutoring programs, faith groups, and charitable projects, even from within prison walls. Those efforts became valuable assets in their self-advocacy later. Learn everything you can about memorializing your journey, because courts and opportunities in the communities will consider your adjustment.
Community service doesn’t have to be grand. It just has to be real and verifiable. When I speak with judges today, many tell me they look for evidence that a person is thinking beyond themselves. Service shows accountability in action.
5. Keep Learning
Some of the most inspiring men I met in prison were those who treated every day as a chance to learn—earning degrees, mastering trades, or even teaching others. Education should show that a person is preparing for a law-abiding, productive life after prison.
That lesson carried me through my own time inside. I read constantly, wrote daily, and built skills I would need upon release. Judges don’t just want to see who you were; they want to see who you’re becoming. It is the reason I encourage every person in our community to use our “Profile” system to memorialize every step they’re taking to prepare for success upon release.
6. Collect Character Letters That Matter
I’ve read thousands of character letters. The weak ones all look the same: a relative pleading for mercy. The strong ones read differently. They describe who the person is, what values they’ve shown, and why the writer continues to stand by them.
Judges have told me they do not put much value on letters from people who try to tell them what to do. They look for letters that reveal insight into a person’s true character, not instructions on how to sentence. Gathering those letters takes time and guidance, but they can shift how a judge sees you.
7. Take Financial Responsibility Early
Restitution is one of the toughest issues people face. Judges routinely see defendants promise to pay after sentencing but never follow through. That is why they grow cynical when they hear promises without proof. Don’t go to Court and offer happy talk about what you’re going to do.
Start small, with what you can afford. It shows a great deal if you send $50 a month, consistently documented. You will earn credibility. Judges noticed. They see action, not just words. Memorialize every decision you’re making to show a commitment to reconciliation.
8. Keep a Record
Inside, I kept meticulous journals. I tracked the books I read, the projects I completed, the lessons I learned. At first, I did it to keep myself sane. Later, I realized those records became evidence—proof that I wasn’t just talking about growth, I was living it.
When I meet with people going through the system now, I encourage them to document everything. A spreadsheet, a journal, a profile on Prison Professors—it doesn’t matter the format. What matters is that it shows a consistent pattern of effort.
9. Use Available Resources
That’s why I built PrisonProfessors.org. Every lesson there is free. I share them because I remember what it felt like to sit in a cell wishing I had a guide.
Today, I spend my time advocating for system-wide reform and speaking directly with policymakers and judges. But the most important thing I can do is equip people like you with resources I wish I’d had.
10. Stay Authentic
I’ve seen defendants who tried to fake remorse at the last minute. Judges saw right through it. These are experienced professionals. They are not easily fooled.
The people who made an impression were those who worked consistently over time. Their mitigation wasn’t a performance; it was a documented record of real change. Judges told me that authenticity is what separates sincere defendants from those going through the motions.
Final Thoughts
I wish someone had told me these things at the time of my arrest–or before. Instead, I had to learn them over decades—through my own journey, through the stories of thousands of others, and through conversations with judges who decide the fates of men and women every day.
Mitigation is not about spin. It’s about taking control of what you can. Writing your story. Documenting your progress. Showing, through consistent action, that you are more than the government’s version of you.
If you’re facing this situation, don’t wait to build a mitigation strategy. You can use our free resources at PrisonProfessors.org. If you need a guide, don’t fall for a sales-y so-called “prison consultant” who promises what he cannot deliver, and urges you to do what he did not do himself. I only recommend my friend Justin Paperny, who is also a sponsor of our nonprofit. Visit him and participate in the interactive webinars he offers: WhiteCollarAdvice.com/Nonprofit.