Many people contact our team when they face the criminal justice system for the first time. They may have never been arrested before. They may have never been inside a courtroom before. They may not know the difference between a plea agreement, a trial, a sentencing hearing, a presentence investigation, or the Bureau of Prisons.
That uncertainty brings fear.
I understand that fear. I also understand how important it is to begin making deliberate decisions as early as possible. A person cannot change the past. But a person can begin preparing for the best possible outcome from this day forward.
One person asked me a simple question:
What should I do before sentencing?
That question matters because it shows awareness. It shows that the person understands the sentence will not be the only event that matters. Every decision before sentencing can influence what follows. Those decisions may influence the presentence investigation report. They may influence the judge’s understanding of the person. They may influence the Bureau of Prisons. They may influence case managers, wardens, probation officers, employers, and others who will make decisions later.
Sentencing is not the end of the process.
It is one stage in a longer journey.
The work begins now.
Understand What Comes After a Conviction
A person may face sentencing in different ways.
Some people go to trial. A jury finds them guilty. At that moment, they are no longer a defendant in the same way. They have been convicted, and the process moves toward sentencing.
Other people sign a plea agreement. They accept responsibility for breaking the law, and then they move toward sentencing.
Those two paths may require different strategies.
If a person went to trial and still wants to preserve appeal rights, that person must speak carefully with counsel. The legal strategy may differ from a person who signed a plea agreement and wants to go all in on mitigation.
If a person is cooperating with the government, that may require one strategy.
If a person is not cooperating, that may require another.
I do not judge anyone’s legal decisions. I am not here to tell a person whether to plead guilty, go to trial, cooperate, or appeal. Those are legal decisions that require counsel. But I do want people to understand this truth:
Do not go through the process blindly.
Learn what is going to happen. Learn what decisions are ahead. Learn what you can do today to position yourself for the best possible outcome.
Prepare for the Presentence Investigation
After a conviction, the probation office begins the presentence investigation.
That investigation will lead to the presentence investigation report, often called the PSR or PSI report. That report will become one of the most important documents in the person’s life.
The probation officer may meet with the person in person. Sometimes the meeting may happen through video or by phone. Counsel has a right to be present. Some lawyers treat the meeting as routine. They may say it is just a formality.
I disagree.
The presentence investigation is not a formality.
It can have long-lasting consequences. The report can influence the sentencing judge. It can influence the Bureau of Prisons. It can influence security level, program eligibility, release planning, case management, and future opportunities for relief.
The probation officer will likely send forms and ask for information. The person may be asked questions about family history, education, employment, finances, health, substance use, the offense, and other areas of life.
Every answer matters.
There may be legal consequences for lying to a federal officer or on a government form. There may also be administrative consequences if the probation officer or judge believes a person lied by omission.
That does not mean a person should answer every question without thought. A person has rights. A person may choose not to participate in some parts of the process. But every choice carries consequences. If a person refuses to participate, that person may lose an opportunity to advocate.
That is why preparation matters.
Before the presentence investigation, a person should learn everything possible about the process. The person should speak with counsel. The person should understand what the probation officer is trying to learn. The person should prepare truthful, accurate, thoughtful responses.
This is not the time to wing it.
This is the time to be intentional.
Build Your Personal Narrative
A sentencing judge will hear from the prosecutor.
The judge will hear from the defense attorney.
The judge will read the presentence investigation report.
But the judge may still not know the person.
That is why a personal narrative matters.
I have interviewed many federal judges. They consistently say they want to understand more than the charge. They want to understand the person. They want to know:
Who are you?
What have you learned?
How do you understand the harm caused by the offense?
How do you identify with the victims?
What are you doing now to make things right?
What steps are you taking to live as a law-abiding, contributing citizen?
A personal narrative should not relitigate the case. It should not blame others. It should not minimize the conduct. It should not read like an argument from a lawyer.
It should tell the truth.
A strong narrative helps the reader understand the person’s background, choices, remorse, growth, and plan for the future. It should show introspection. It should show accountability. It should show the person has begun doing the work.
The audience may feel like one person at a time.
First, the probation officer.
Then, the judge.
Later, a case manager.
Later, a unit manager.
Later, a warden.
Later, a probation officer on supervised release.
All of those people may rely on the presentence investigation report. If that report only tells the government’s version of the story, then the person has lost an opportunity to provide context. A personal narrative can help influence how stakeholders see the person.
That does not mean the narrative guarantees a lower sentence.
Nothing guarantees a lower sentence.
But a person can always work to become a better candidate for mercy, leniency, and future opportunities.
Create a Campaign for Character Reference Letters
The next step is to build a campaign for character reference letters.
A character reference letter should help the judge understand the person beyond the criminal charge. The best letters come from people who know the person well and can speak truthfully about character, work ethic, family responsibilities, community involvement, remorse, growth, and support.
Those letters should not attack the prosecutor.
They should not tell the judge what sentence to impose.
They should not relitigate the case.
They should not say, “This person could never have done this,” if the person has already pleaded guilty or been convicted.
Instead, the letters should be honest and helpful.
A good letter may say the writer has spoken with the person about the case. It may say the person has been honest about the consequences. It may describe what the writer has seen in terms of accountability and growth. It may explain how the writer will support the person through the sentence and after release.
Judges want to know whether a person has support.
Support matters because the person will need a plan. The person will need stability. The person will need people who can help with reentry, employment, housing, family responsibilities, and accountability.
A good character letter can humanize the person.
A collection of strong letters can show the judge that others believe in the person’s capacity to reconcile with society.
Develop a Mitigation Strategy
Mitigation is not one document.
Mitigation is a body of work.
A person should begin building that body of work as early as possible. The goal is to show that the person is more than the charge, more than the worst decision, and more than what appears in a government report.
That requires action.
A person can begin reading. Writing. Journaling. Volunteering. Making amends where possible. Learning new skills. Attending counseling. Preparing for employment. Strengthening family relationships. Documenting progress. Building a release plan. Creating a record of accountability.
The question is not only:
What did you do before the case?
The more important question may be:
What have you done since?
That is what stakeholders want to see.
A judge may want to know whether the person is using the time before sentencing wisely. A probation officer may want to know whether the person is being truthful and reflective. A Bureau of Prisons case manager may want to know whether the person has a plan. A future employer may want to know whether the person has learned from the experience.
The person must build the record.
No one can do that work for another person.
A lawyer can advocate. A consultant can explain. A family member can support. But the person facing sentencing must do the work.
That work becomes the mitigation strategy.
Think Beyond Sentencing
Many people make the mistake of thinking only about the sentencing hearing.
I encourage people to think further.
Sentencing matters. Of course it matters. But after sentencing, more decisions will follow.
The Bureau of Prisons may use the presentence investigation report to make decisions about designation, custody, programs, and classification. Case managers may review the report. Unit team members may review it. Probation officers may review it after release.
If the person later applies for compassionate release, clemency, community confinement, early termination of supervised release, or some other form of relief, stakeholders may look back at the same record.
That is why preparation before sentencing matters so much.
The work a person does today may influence opportunities years from now.
A person should begin creating assets that show growth. Those assets may include:
A personal narrative.
Character reference letters.
A release plan.
A record of courses completed.
Book reports.
Journal entries.
Letters of apology, where appropriate and only with legal guidance.
Evidence of treatment or counseling.
Employment plans.
Family support plans.
Community support.
A plan to make restitution or contribute in positive ways.
Every asset should help answer one question:
Why should stakeholders see me as a person who is working to reconcile with society and prepare for a law-abiding life?
Do Not Wait for the System to Define You
The criminal justice system will create records.
The prosecutor will create records.
The probation officer will create records.
The court will create records.
News reports or press releases may create records.
If a person does not create a record of personal growth, then the government’s record may become the only story people see.
That is not a good strategy.
A person should take ownership of the narrative.
Taking ownership does not mean denying the past. It means telling the truth about the past and showing what the person is doing now to build a better future.
That is the strategy I learned while serving 26 years in federal prison.
I could not change my sentence on the day the judge imposed it. I could not change the fact that I had been convicted. But I could change the way I responded. I could learn. I could write. I could build a plan. I could work to reconcile with society. I could prepare for the day when I would return to the community.
That strategy helped me.
It can help others.
Use Free Resources and Start Building
At Prison Professors, we offer free resources to help people understand the process and begin preparing. We do not want anyone to believe they must pay money to start building a mitigation strategy.
A person can begin with simple steps.
Write the personal narrative.
List the people who can write character letters.
Create a plan for the presentence investigation.
Prepare questions for counsel.
Begin journaling every day.
Read books that strengthen thinking.
Write book reports that show lessons learned.
Document progress.
Build a release plan.
Show what steps are being taken to make amends.
The key is to start.
A person does not need perfect writing skills. A person does not need to know every legal rule. A person does not need to have everything figured out at once.
The person only needs to begin.
Small steps, taken consistently, can become a powerful record.
Prepare With Honesty
The first promise I make to people in our community is that I will be honest.
Honesty is essential before sentencing.
Do not exaggerate.
Do not minimize.
Do not pretend.
Do not blame others.
Do not say what sounds good if it is not true.
The goal is not to manipulate the judge. The goal is to help stakeholders see the truth: that the person understands the seriousness of the situation and has begun doing the work to change.
That requires humility.
It requires discipline.
It requires preparation.
A person should ask:
What did I do?
Who was harmed?
What have I learned?
What am I doing now?
What will I do next?
How will I prove that I am worthy of trust?
Those questions can guide the work before sentencing.
The Best Possible Outcome Requires Preparation
I cannot promise anyone a specific outcome.
No one should make that promise.
But I can say with certainty that preparation is better than passivity.
A person who prepares will understand the process better. A person who prepares will communicate more effectively with counsel. A person who prepares will be better equipped for the presentence investigation. A person who prepares will have more to show the judge. A person who prepares will begin building assets that may help later.
That is what I mean when I tell people to sow seeds.
Sow seeds before the presentence investigation.
Sow seeds before sentencing.
Sow seeds before surrender.
Sow seeds during the sentence.
Sow seeds after release.
Every stage brings opportunities to build a record.
Every stage brings opportunities to show growth.
Every stage brings opportunities to prepare for higher levels of liberty at the soonest possible time.
There will always be more opportunities in the future than in the past. But those opportunities open more often for people who prepare.
If you are asking, “What should I do before sentencing?” then begin with these steps:
Understand the process.
Prepare for the presentence investigation.
Write your personal narrative.
Build a campaign for character reference letters.
Develop a mitigation strategy.
Document what you are doing to grow.
Think beyond sentencing.
Tell the truth.
Do the work.
That is how a person begins building a record for the best possible outcome.
Self-Directed Reflection Question
What can I do today, before sentencing, to show that I am taking responsibility, learning from this experience, and preparing to live as a law-abiding, contributing citizen?