Lawyers Who Won't Listen
If you're facing a sentencing hearing in federal court, you should start preparing very early. To guide you in those efforts, I've published many articles that offer suggestions. I based those suggestions on lessons I've learned from conversations I've had with several federal judges. I got opportunities to interact with those judges through my advocacy work. If you'd like to watch the full videos, you may click the links below:
You shouldn't take my word for anything. I encourage you to do your own research. You might choose to watch those two videos above to learn what federal judges say about preparing before sentencing.
When you're facing sentencing, everything is on the line. Time is a non-renewable resource for us all, and you will want to preserve your liberty. You hope the judge will not impose a prison term, but if he does, you will want the lowest possible sentence. To work toward that end, you should listen to what the judges want to hear.
Your Personal Narrative
Federal judges want to see the real person behind the case. You should expect a prosecutor to argue for a severe sentence, and the prosecutor will likely want the judge to focus on the facts of the case, the amount of loss, and the severity of the crime. Your lawyer will offer an opposing view.
But neither the prosecutor nor the defense attorney will be telling the judge anything new. You should expect the judge to know the case law, the statute, the guidelines, and the basics of the conviction. The US Probation Officer who prepared the PSR will have provided some background information.
Yet if you want your judge to see you as an individual, you should take time to write first-person sentencing narrative, of the appropriate length. In my view, your sentencing narrative should span between 2,500 and 3,500 words. But every case is unique, and every individual should make an assessment of what is right.
The judges with whom I've spoken have told me that they want to know more about the individual standing before them.
You have the right to communicate your story. A personal narrative can give context to your actions, reflect self-awareness, and demonstrate the changes you’ve made to ensure you’ll never return to court for something similar. Don’t underestimate the impact your narrative can have.
Write Your Personal Narrative
Begin your preparation by writing a clear, truthful, and compelling personal narrative. Use your story as an opportunity to reflect on your past while showcasing the steps you’ve taken to rebuild.
- What will your narrative reveal on your thoughts about the victims in your case?
- What circumstances in your life contributed to the decisions that led to your conviction?
- What have you learned about yourself since facing your charges?
- How has this experience changed your perspective?
- What specific actions have you taken to prepare yourself for a better future?
- What steps have you taken to make amends, or to reconcile with society?
- What are your goals for the future?
- How will these goals ensure you hold yourself accountable and contribute positively to others?
These reflections can form the foundation of your narrative. Organize your thoughts into a structured document with an introduction, key points, and a conclusion that illustrates your commitment to change.
Show Growth
Actions speak louder than words. Many people will talk about their commitment to improving their life. Fewer will write about your commitment to improving their life. Far fewer will show tangible efforts. Before your sentencing hearing, dedicate yourself to meaningful activities that highlight your commitment. Some examples may include:
- Education: Enroll in classes that build skills or increase your knowledge, particularly if they relate to addressing the issues in your case.
- Community Service: Demonstrate a commitment to giving back by volunteering your time and skills to your community.
- Therapy or Counseling: Actively engaging in personal development through therapy shows you’re taking steps to address underlying issues.
- Career Development: If you’re able, find work opportunities that align with your future goals and signal stability.
- Self-Reflection: Invest time in self-improvement by keeping a journal, writing essays about what you’ve learned, or building a vision statement for your life.
Document these activities and consider how they illustrate your growth. You could include certificates, letters of recommendation, or a summary of your efforts in your personal narrative. Consider building a profile on Prison Professors Talent, and use your profile as a data room, for anyone to see your commitment to personal growth and reconciliation.
Use Supporting Voices, If Possible
Sometimes, the best way to communicate your value to the court is through the voices of others. Communicate your plan to others, and invite them to write support letters that may become a part of your mitigation strategy. Some people who might offer letters include:
- Family and friends who understand your character and can speak to your upbringing or contributions to their lives.
- Employers or colleagues who can highlight your work ethic and responsibilities.
- Mentors, counselors, or educators who have seen your efforts to grow and change.
These letters should be honest and professional. They should directly address your character, your progress, and how you’ve shown responsibility since the incident. Those letters should not make an assessment of the case, or tell the judge an appropriate sentence. They should talk about your character.
Get Buy In from Your Lawyer
If your lawyer refuses to present your narrative or supporting letters to the judge, consider writing him a letter. Keep it brief. In the letter, you may want to explain that you've visited our nonprofit's website. You've listened to the judge's responses to questions I asked during the interviews. Those judges both indicated that they wanted to learn more the people standing before them, and that lawyers do a disservice to their clients when they do not present such evidence. Consider the following as a draft letter:
Dear [Attorney’s Name],
I appreciate your ongoing representation and guidance during this critical time in my life. As we prepare for my sentencing hearing, I've been actively learning about strategies to positively influence the outcome, focusing on accountability and demonstrating sincere remorse.
Recently, I have been learning a great deal by participating in self-directed courses on the Prison Professors website. Some of those lessons include video lessons with two separate federal judges. In the interviews, each judge emphasized the potential benefit of a defendant clearly explaining:
- The influences and context that led to making poor decisions.
- The lessons learned through this difficult process.
- Specific, actionable steps the defendant is taking to make amends and demonstrate a commitment to positive change.
For your reference, here are links to both interviews below:
In alignment with this guidance, I have prepared a detailed personal narrative addressing these points. Based on what I heard from the judges, I strongly believe that the context I provide in my story may assist the court in understanding my genuine remorse and the proactive steps I've taken to reconcile with society.
I understand you have mentioned having your own process for sentencing submissions. However, given the direct advice provided by these judges, I request that you make my personal narrative a part of the sentencing submission. If you still believe that it is not beneficial or appropriate, please help me understand your reasoning, especially in light of the judges' recommendations. Please tell me why you believe that the advice the judges provide is inaccurate.
Thank you very much for your attention and ongoing support. I look forward to your thoughts and discussing this further.
Respectfully,
Your Name
If the lawyer remains obstinate, you may want to find another lawyer. In the alternative, you may submit your letter to the Probation Officer, or to the Court directly. Again, you should do your own research to assess what is best for you. Consider the following steps:
- Research the protocols for submitting documents yourself. Check with court clerks or local references for guidance.
- Prepare professional, organized submissions. Make sure all written materials are clear, respectful, and reflect your accountability.
- Keep copies of everything you send. Documentation ensures you have a record of your efforts.
Prepare to Speak at Sentencing
Even if your lawyer doesn’t agree with presenting your narrative, you’ll have an opportunity to address the court directly during sentencing. This is often referred to as allocution. Use this time wisely.
Practice what you’ll say, focusing on clarity, sincerity, and accountability. While your lawyer might advise against overly elaborate statements, make sure you use this time to speak from the heart. Stick to the following format:
- Acknowledge Responsibility: Begin by taking accountability for your actions without making excuses.
- Express Growth: Share what you’ve learned and how you’ve worked to improve.
- Outline Your Future Goals: End by explaining your commitment to leading a positive, law-abiding, and productive life.
Consider practicing your speech in front of someone you trust or by recording yourself. Review it for tone, content, and delivery.
Facing a sentencing hearing is a challenging and emotional experience. And having a lawyer who doesn’t fully support your efforts to present your personal narrative can make it more daunting. But remember this: Judges like Stephen Bough and Mark Bennett have made it clear that they want to know who you are. It’s your responsibility to take control of your story.
The actions you take today will speak volumes about the person you’ve chosen to become. By crafting a powerful narrative, engaging in meaningful actions, and preparing your allocution, you can demonstrate your growth, character, and commitment to a better future.
Reflection Questions for Your Journey:
- What steps can you take right now to show personal growth and accountability?
- How will your personal narrative reflect your values and your commitment to change?
- Who in your life can provide meaningful support or testimonies about your character?
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