Not Guilty

Strategies and Insights for Success

Engineering a strategy to prepare before sentencing is challenging for anyone. If a person is convicted after a jury trial, as I was, it can be even more difficult.

When imposing a sentence, a judge will take into consideration the person's stance. If a person has accepted a plea agreement, cooperated, and expressed remorse, the judge may be more lenient.

I did not take that path. Instead, I went to trial. I perjured myself on the witness stand. And I paid a price for those bad decisions. In my case, of course, I was guilty.

The trial penalty refers to the significantly harsher sentence imposed on defendants who exercise their right to a trial rather than accept a plea agreement. This disparity often stems from the additional charges or enhancements prosecutors may apply if a defendant declines to plead guilty. It can also stem from judicial bias.

During sentencing, a judge may view a person's decision to go to trial as a refusal to take responsibility, which can influence the court's perspective. For those convicted at trial, the resulting sentence can be exponentially more severe compared to what they might have received through a plea deal.

This system creates a sense of coercion, pressuring many individuals—whether guilty or innocent—to forgo their constitutional right to a trial in fear of the repercussions. It is a stark reality, underscoring the complexities and inequities often present in the criminal justice process.

In my case, as I've written many times before, I was guilty.

• What happens when a jury returns a guilty verdict, but the person isn't guilty?
• How does an innocent person was convicted at trial prepare?

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Preparing for Sentencing after a Guilty Verdict:

At Prison Professors, we want to empower every person who comes into our community. They need to stay resilient, plan strategically, and take actionable steps to create long-term success, no matter the circumstances. We forge resilience through the fire of adversity.

When I heard from a person who was convicted at trial, I understood his frustration. He perceived the entire process as being unjust. He called wanting to learn more about how he could prepare for sentencing and post-conviction appeals even though his lawyers would continue to pursue an appeal and a reversal of the conviction.

Such a strategy requires good engineering.

This article responds to specific questions and offers actionable advice. It's not legal advice. As I do through all my work, I base my response on what I learned from living in prison for decades, and what I've learned from my work in advocacy.

Whether you're preparing for sentencing, fighting a wrongful conviction, or seeking to rebuild after adversity, these insights may prompt you to make decisions that lead to more growth and success.

Remember, there are always more opportunities in the future than in the past.

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Preparing for Sentencing if Not Guilty

Question: How can I tailor my sentencing statement to seek leniency without admitting guilt or jeopardizing my appeal?

My response: To make a powerful statement at sentencing, you don't have to admit guilt. You should focus on what you've learned through the process. You want to help the judge get to know you as a human being. It may not be easy to do. A surgeon may know. how to remove an appendix, but he may have a harder time cutting out his own appendix. It's hard to be objective with so much on the line. It's the reason each person should assess the strategy he's using. Perhaps the following points can help those who want to build a compelling statement to get the desired result:

• Acknowledge the Court’s Position: While you dispute the conviction, acknowledge the court's authority and express respect for the judicial process. This demonstrates humility and professionalism.
• Focus on Your Values: Highlight the contributions you've made in your life—be it to your family, community, or profession. Tie your narrative to your aspirations for making a positive impact in the future.
• Spotlight Mitigating Factors: If applicable, address challenges or injustices—like limited resources for legal defense or vulnerabilities in the process—without blaming others. Frame them as experiences that have fueled your determination to grow.
• Avoid Confrontation: Refrain from directly attacking the prosecution or witnesses. Instead, focus on your goals for personal betterment and your intention to work within the constraints of the justice system. 

A well-crafted narrative rooted in integrity and forward-thinking can humanize you in the eyes of the court, thereby positively influencing sentencing.

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Errors in the Presentence Report (PSR)

Question: How can I address inaccuracies in the PSR during sentencing?

Answer: Accuracy in the PSR may influence sentencing and other factors, such as treatment in the prison system, and also on supervised release. Follow simple steps to correct errors:

1. Document Discrepancies: Collaborate with your attorney to identify errors or unsupported claims in the PSR. For example, if the PSR includes misstatements about your knowledge of wrongdoing, ask your attorney to highlight proof that you did not have any knowledge of wrongdoing—assuming that's true. Leave the legal matters and arguments to your attorney. Your job is to focus on mitigation. Your attorney can highlight discrepancies and the judge will make a decision. If you make the claim instead of your attorney, however, the judge may view you in a negative light.
2. Supplement with Evidence: Show your attorney the supporting documents if he does not want to make the case. Rely upon trial transcripts, expert statements, or financial reports to validate your position. Again, it's my recommendation that your attorney is best suited to make this case. Sometimes, however, it's helpful to nudge the defense attorney.
3. Draft a Rebuttal: The law will allow your attorney an opportunity to rebut the errors in the PSR. To help, you may write a clear, factual statement that directly addresses inaccuracies. Avoid emotional language and focus on verifiable data. Your attorney will make the rebuttal.
4. Highlight Key Points at Sentencing: One of the first things that will take place during the sentencing hearing is for the attorney and the prosecutor to go over discrepancies in the PSR. The judge will make a decision, which becomes the fact. Of course, the attorney may appeal the judge's ruling. Some decisions may be ruled under lower standards of proof, such as preponderance of the evidence rather than "beyond a reasonable doubt." These considerations can influence prospects for success on appeal.

A proactive, fact-based approach can help correct misrepresentations that may affect sentencing and future proceedings.

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Post-Conviction Strategy

Question: What should my strategy look like after sentencing to pursue justice and eventual exoneration?

Answer: Our program, The Straight-A Guide may be a useful tool. It recommends that people take a methodical, intentional approach to every step in the journey. Everything begins with how we define success.

Maintaining innocence means preparing for the long haul of appeals and advocacy. It's crucial to understand the pathway forward. I offer this brief roadmap to help members of our community focus:

• Define success as the best possible outcome: I cannot make any statement regarding innocence or guilt. I don't know anything about any particular case, and I'm not a lawyer. On the flip side, I know it's important to define success. At every stage, figure out the best possible outcome. In my case, I went to trial knowing I was guilty. It wasn't until a jury convicted me that I started to change my mindset. If I were not guilty, on the other hand, I would think about what I want:
  
  • Do I want the appeals court to reverse my conviction?
  • Do I want to put this behind me and move on with my life at the soonest possible time? Each person must figure out how to answer such questions, then create a plan that aligns with how he defined success.
• Understand Appellate Deadlines: Work closely with your attorney to file timely appeals. Missed deadlines can derail efforts for justice. Make sure you have financial resources to cover these costs. Attorneys bill by the hour, or sometimes they ask for a fixed fee. Take all these factors into consideration when considering the path forward.
• Gather Documentation: Compile a meticulous record of trial errors, misconduct, and any new evidence that supports your innocence. You may save your attorney time and thus save yourself money if you review the transcripts. Look for areas where your attorney objected. Use AI to see what you can learn about case law and precedent from higher courts in your Circuit, or the US Supreme Court. Take all this into your calculus as you assess your strategy going forward.
• Engage in Advocacy: While your attorney prepares the appeal, you can work to build a network of allies who can amplify your case through social media, legal journals, or organizations dedicated to criminal justice reform. This is a very different approach than a judicial appeal. The Court will rely upon case law, precedent, and the District Court procedures. You will have minimal influence on the pursuit of judicial relief; I did not write that you will not have any influence, but it will be minimal. Advocacy, on the other hand, can lead to relief through other channels, such as administrative relief, or even executive clemency. You will need to engineer a good path that advances prospects for relief, and no one should work harder than you.
• Educate Yourself: Use your time in prison constructively. If you're striving to prove innocence, use time in prison to learn more about legal procedures and the rules of evidence. If you do not prevail on appeal, you cn pursue relief through other channels, such as a habeas corpus. Understand the prospects for success. The odds of prevailing are not high, but they're not impossible.

Success in post-conviction strategies often requires relentless perseverance and strategic partnerships.

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Rebuilding Reputations

Question: How can I counter false media narratives without jeopardizing my appeal?

Answer: Reputation repair doesn't have to influence your legal strategy. Consider the following ideas:

• Focus on Truth: Develop a portfolio of all that you're doing to show your value as a citizen. Leave the legal arguments to your attorneys. Focus on what you've learned from the experience, and what you're doing in response. All of us having to live in the world as it exists, and the world sometimes includes injustice of wrongful convictions.
• Leverage Allies: Build a board of directors, people who will advocate on your behalf. Show how others have come into your life and become your sponsors, or advocates, based upon the way you responded to injustice, rather than the injustice of the wrongful conviction. 
• Highlight Positive Attributes: Share your contributions to the community, education, or professional achievements to emphasize your integrity. Memorialize every step you're taking to build a better life and contribute to society. Show why you're a great candidate for a higher level of liberty, and why imprisonment is not in the interest of society. 
• Remain Professional: Avoid inflammatory language or emotional outbursts that others may use against you. Build a record showing that you're positive, composed, and driven to lead a life of meaning, relevance, and dignity. Use this guide in all messaging.

This approach ensures you’re communicating effectively without increasing legal risks.

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Your Release Plan

Question: How do I create a release plan that reflects my focus on clearing my name?

Answer: Your release plan should show that you're the CEO of your life. Focus on highlighting that you understand the journey ahead, and that you're moving forward with methodical, intentional choices that align with your commitment to success. The following points may help:

• What are you Doing?: Focus on the ways that you're responding to your life, as it exists today. Lawyers may appeal, but you don't have much influence on the outcome. What can you do that will influence the rest of your life?
• Community Contributions: Show how you're using the resources available to you to the making of a stronger community. Show the ways that you're a worthy candidate for a higher level of liberty.
• Reintegration Goals: Outline your approach to rebuild after the conviction, regardless of what happens after the appeal. In what ways are using time today to prepare for success in the future?

Your release plan should focus on the ways that you understand where you are today, and how you're using all your critical thinking to prepare for the next chapter of your life.

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Financial/Regulatory Cases

Question: How does advocacy help in cases involving compliance or prosecutorial overreach without risking appeal?

Answer: Advocacy in these cases requires precision and tact:

• Educate the Public: Share neutral, educational content about regulatory misunderstandings without discussing specifics of your case.
• Recruit Professional Experts: Leverage opinions from financial or regulatory experts to validate your position.
• Collaborate with Reform Organizations: Partner with groups focused on shaping policy reforms in financial compliance to broaden awareness.

These steps frame your advocacy as insightful and constructive, rather than confrontational.

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Influence Sentencing While Planning for Appeals

Question: Can preparation increase the likelihood of a reduced sentence?

Answer: Absolutely. Here’s how preparation aligns with influencing sentencing while supporting appeals:

1. Draft a Comprehensive Mitigation Package: Include character letters, a release plan, and evidence of community support that highlight your integrity and accountability.
2. Showcase Rehabilitation Potential: Provide examples of your commitment to growth, such as enrolling in educational programs or contributing to community initiatives.
3. Engage Experts: Work with professionals who specialize in presenting compelling arguments for mitigation. Sometimes it's difficult to work independently, because we want the others to view us as we view ourselves. We've got to think about stakeholders.
4. Memorialize the Journey: It's never too early, and it's never too late to start building a support network. I encourage everyone going into the system to build a profile on Prison Professors Talent. It's free, but it only becomes an asset if you're willing to work.

Preparation is a powerful tool for shaping perceptions and laying the groundwork for success beyond sentencing.

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Final Thoughts

Life's trials and challenges can become a catalyst for personal growth. Challenges reveal our inner strength, clarify our values, and refine our character.

This process of resilience is neither easy nor immediate, but it teaches us the importance of perseverance, humility, and authenticity. Just as gold shines brighter after enduring fire, we shine after enduring life's tests with courage and determination.

With the right strategies, mindset, and preparation, you hold the power to shape your future. Whether you’re navigating sentencing, fighting for justice, or planning for release, every step counts as a move toward eventual victory.

Remember, preparation creates opportunities. Focus on education, advocacy, and a commitment to growth as your tools for transformation. Stay resilient, and if you want guidance, use our free resources at Prison Professors. If you want a personal guide, participate in the webinars that our sponsors make available. Visit WhiteCollarAdvice.com/nonprofit.

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