Episode Details

When authorities bring people into the criminal justice system, they frequently rip away the humanity of the accused. Regardless of what good the person has done in the past, others will judge that individual for the criminal misconduct alleged in the complaint. Unfortunately, people in that predicament lack a best-practice way of preparing.

To use a cliche, they resemble that deer-in-the-headlights pose.

When defendants don't have previous experience with the system, they understandably feel shaken, afraid, and alone. Some defendants do not know where to turn for guidance.

All too often, they rely solely upon defense attorneys. And defense attorneys can be an outstanding resource. Yet think about the training of a defense attorney. What traits do they have?

• They are trained to assess evidence of the crime
• They are skilled at interpreting case law
• They know how to research statutes
• They will focus on undermining what authorities believe they can prove
• They will support arguments to get the best outcome for the defendant with precedent and law

Those are admirable skills, necessary to the practice of criminal defense. But those skills do not always make defense attorneys good listeners. They may not know much about the personal lives of the defendants they're supposed to defend. Unfortunately, in the federal system, more than 90% of the people that face criminal charges also undergo a sentencing hearing

We're happy for the small percentage of defendants that are able to move through the criminal justice system without a conviction. Yet for every defendant that prevails over criminal charges, nine defendants face a sentencing hearing. Our team is uniquely qualified to help those people help themselves. Obviously, we don't have the time or bandwidth to interact personally with every person that reaches out to us. We're only able to devote one-on-one time to our clients.

Yet we're passionate about public service and helping the most people get the best results. For those people that do not have the resources to hire our team, we recommend a three-tiered approach to getting the best possible outcome.

Stakeholders: We have to start with an idea of our audience,

• Who are the stakeholders in the criminal justice system?
• What do they think?
• In what ways can we influence those people?

It doesn't matter what stage in the criminal justice system a person is in, it's crucial to consider the audience. For 90% of the criminal defendants that will face a sentencing hearing, those stakeholders include the following people:

• The prosecutor will persuade the judge to convict the defendant.
• The probation officer will prepare the presentence investigation report.
• The judge will assess the appropriate sentence.
• The defense attorney that will argue for the best outcome.
• The defendant will live with the outcome.

Consider each of those people and come up with a personal plan to influence them.

Stakeholders: Prosecutor, Probation Officer, Judge, Defense Attorney

• What do they know about you?
• What don't they know about you?
• What do they think about your alleged crime?
• What could you do to influence their perception of you?

This exercise will give you a great basis to start your path toward helping yourself. And when you help yourself, you restore confidence. You get the ball moving in the right direction!

Are you ready to get started? Great!

The three-part strategy we create for each of our clients includes the following exercises, which we'll describe in detail below:

1. Personal Narrative
2. Sentence Mitigation Video
3. Character Reference Letters

Personal Narrative: Every defendant should work hard to pr