White Collar Advice wants to listen and learn from everyone who can help us paint a more comprehensive picture of our client. A defendant who prepares his own package should be relentless in his pursuit of others who will validate his good character. Life Records:
After concluding all of the interviews that time and resources will allow, a White Collar Advice team member would take the next step toward creating the effective sentence-mitigation strategy. That step begins with collecting records that would corroborate or support all that our narrative shows. Essentially, we will want as much information as possible. After collecting those records that document and support the argument that a minimally invasive sentence is warranted, the team member will begin to compile a defendant’s narrative.
The defendant who chooses to compile his own sentence-mitigation strategy may choose to follow this same approach. White Collar Advice encourages those defendants to recognize that the interviews and records will show his life and path to the offense; if presented effectively, that information will elicit a higher degree of empathy from those who are about to pass judgment upon the defendant. Ideally, when the defendant passes his sentence-mitigation package to his defense attorney, he should provide a resource that allows the defense attorney to tacitly summon the Biblical message of:
• “Let he who is without sin cast the first stone.”
Persuasiveness:
At White Collar Advice our experience convinces us that investing in an effective sentence-mitigation strategy makes all the sense in the world for individuals convicted in federal court. After all, judges will rely upon the federal sentencing guidelines as a resource when determining an appropriate sentence. The range within those guidelines, in many cases, can be measured in years. A sentence-mitigation package would go a long ways toward influencing the judge to perceive the individual as a fellow human being. The guidelines endow the judge with discretion, and factors that may be relevant to an argument for a lower sentence may include:
• Mental state of mind
• Emotional condition
• Substance abuse
• Remorse
• Recompense
• Motivations
• Treatment
• Physical condition
• Physique
• Military service
• Financial circumstances
• Familial circumstances
• Community contributions
There is a history of case law that shows judges do in fact depart downward from guideline recommendation. In every one of those downward departures, someone has made a compelling, persuasive argument that the government vehemently opposed. The Supreme Court has mandated that judges must consider all mitigating factors that are relevant to any purpose of sentencing. But if the defendant doesn’t raise those mitigating arguments, then the judge will not consider them.
According to Title 18 USC, Section 3661: “No limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence.”
For that reason, our team members at White Collar Advice are adamant about working with clients to prepare the most effective sentencing-mitigation strategy as possible. We encourage individuals who cannot work with White Collar Advice on an independent basis to invest themselves fully in their effort to make a persuasive case for leniency. They must provide their defense attorney with the necessary resources to argue forcefully.
Process:
Once the individual perfects his sentence-mitigation package, he should go over it in detail with his defense attorney. The defense attorney will then present the package to the judge. The judge will review the package, and by law, indicate that he has considered all factors. During the sentencing hearing, the defendant would be wise to invite as many character witnesses as possible to testify on his behalf.
Finally, the judge will impose the sentence. He will memorialize that sentence in a document known as “The Judgment and Commitment Order,” or “J&C.” The defendant should begin taking steps to climb to a better life.
We urge those who are serious about wanting to serve the least amount of time possible to invest the time, energy, and resources on creating the most effective sentence-mitigation strategy possible.
If you would like to discuss your sentencing mitigation packet with White Collar Advice simply call 818-424-2220 or send us a text message.
Best,
Justin Paperny
jp@whitecollaradvice.com - 818-424-2220
Visit to access our federal prison blogs
Phone : - +1 818-424-2220
4500 Calabasas Road, Suite 202
Calabasas, CA 91302 California
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