YDAS

Unlike state or local prosecutions, federal prosecutions will more commonly address violations of federal statute. Much more often than not, these are usually violations of Title 18 and Title 21 of the United States Code. Furthermore, limited federal resources will usually dictate that the numerous United States Attorneys will (need to) target only those significant violations/violators that have a substantial impact on society as a whole. Obviously, that is not often the case, but that is one more topic for one more time.

Due to the extremely nature of the federal offenses prosecuted, federal defendants typically have the funds to retain counsel. Whether it be a white-collar, fraud, tax issues, narcotics, or a host of other federal violations, federal defendants usually retain counsel at an ever-growing average fee of – per hour.

Ironically, even though some of these “high-dollar” attorneys are nationally renowned for how they perform in a courtroom, most are woefully ignorant about post-conviction problems, sentencing mitigation, the federal Bureau of Prisons (“BOP”), and/or those problems that will now have the most significance for that newly convicted client who will be reporting to a BOP facility in the not-too-distant future. Hence, the presently expanding marketplace for Federal Prison Consultants.

Without question, 1 of the greatest mistakes made by potential federal inmates (and their attorneys) is that they usually contact a qualified prison consultant after-the-truth. In that the federal government has more than a 93% conviction (or plea) rate and 96% of convicted federal defendants will serve some portion of time incarcerated in the BOP system, it would be prudent to have a qualified prison consultant on-board at the earliest possible juncture in the judicial procedure. Interestingly, even though the 2005 “Booker” decision made the Federal Sentencing Guidelines “advisory,” in lieu of mandatory, the truth of the matter is that the Booker decision has completed precious little to alter federal sentencing trends. Succinctly, if you are convicted of a crime in the federal system, there is a much better than 95% chance that you will serve some period of time in BOP custody – intimidating, but accurate.

In addition to the obvious sentence mitigation/reduction strategies, professional federal prison consultants can assist in correctly preparing the client for the requisite U.S. Probation Office’s Presentence Investigation (“PSI”) interview. Make no mistake, the completed PSI is the  eventual “Bible” that will be utilized by the sentencing judge as well as the BOP. Professional and well-equipped prison consultants will also encourage certain recommendations on the Judgment &amp Commitment Order to facilitate feasible sentencing reductions by means of the BOP Residential Drug and Alcohol Program (“RDAP”) or the 2nd Chance Act of 2007, as well as the recommendations for certain facility designations for the client. Lastly, well qualified prison consultants will properly prepare the client for incarceration as well as aid with certain designations, bunk assignments, work details, etc.

Full-service federal prison consultants really should also have the expertise and capability of representing your interests after incarceration. They need to be completely familiar with the several policies and procedures of the BOP, landmark court instances involving a federal inmate’s rights, and the preparation and submission of requisite forms that adhere to the BOP Administrative Remedy Process mandated by federal statute.

To that end, professional federal prison consultants will normally give several professional resources. Ideally, they will supply physiological /psychological medical experts and their related reports, profesionally trained intake/social professionals, and investigative services to prepare the most complete and comprehensive package being proffered to the court or to BOP senior management. Lastly, they will usually have a judicially recognized BOP expert offered for frequent consultation and some of the greater firms actually have former BOP inmates on contract to supply a personal, as well as practical, in-sight for the client. Succinctly, professional prison consultancy is a “team” effort and you should be circumspect of the 1-man operations that profess they are going to support you “survive” the BOP system. You can be assured that it is a “scare tactic” sales pitch preying on the apprehensions (fear) of a newly convicted, and generally inexperienced, federal defendant.

Lastly, prior to you retain a Federal Prison Consultant, see what services they supply, who do they have on staff, what reports will be submitted on your behalf. You need to confirm what professional affiliations they claim, and/or if they are a recognized Far better Organization Bureau (“BBB”) Accredited Company. Most importantly, talk with them, ask questions, ask your self if they are an individual you would want representing you in front of a sentencing judge or the BOP senior management staff in Washington, D.C.