White Collar Advice

In this podcast with Scott Reisch from Crime Talk we discuss: How to prepare for sentencing Life in Federal Prison How to work with lawyers Life after prison Learning to tell your story and much more We hope you enjoy our podcast! Justin Paperny

Experience tells us finding a civil or criminal defense lawyer is easy--finding the right lawyer is another matter! Mike Berlon and I want to help! In this video, Mike and I offer advice to people who need help in hiring the right lawyer, right now. Further, if you have already hired a civil or criminal lawyer, you will learn strategies to hold your lawyer accountable. Throughout this video, you will hear Mike and I stress the importance of working openly and honestly with your lawyer—if you do not tell the truth, you are throwing money down the train and you're setting yourself up for a bad outcome. Telling the truth requires introspection—if you are unable to look inward and fully understand the ramifications or the accusations laid out in a lawsuit or criminal indictment, ask for help. Too many people spin lies and minimize their conduct—in time (sometimes years down the road) they come to see things differently and recognize their actions were wrong, and in some cases, criminal. By then, it is too late. Do-overs, as we know, do not exist. We cannot change the past. In this podcast, Mike and I discuss the pros and cons of paying a lawyer an hourly fee versus a flat fee. Too many defendants hire lawyers they cannot afford. It is essential to understand how much they charge per hour, and if they are billing you hourly, you should get an idea of how much to budget. In some cases, a lawyer may be able to resolve a plea negotiation and guilty plea in less than 100 billable hours, preparing for trial in federal court would likely require several hundred billable hours. A flat fee may or may not serve your interest. Every case is different. On the plus side, a defendant that has a flat fee knows exactly how much to budget. On the negative side, a lawyer that receives a flat fee may be disinclined to devote much time to the case after he is paid. Before hiring a lawyer ask about the types of cases he or she practiced. A lawyer specializing in defending tax cases may not be the best fit for a defendant facing criminal charges related to mail fraud that could result in the loss of liberty. To the extent possible, use contacts and referrals to ascertain the expertise, honesty, and competence of lawyers with regard to specific types of cases, in a specific jurisdiction. When interviewing lawyers ask to speak to past clients (at least two) and check to see if they have had any issues with The State Bar. We also encourage you to review a few sentencing memorandums they have written. Unfortunately, some lawyers suffer from the God Complex. According to Wikipedia, a god complex is "an unshakable belief characterized by consistently inflated feelings of personal ability, privilege, or infallibility." When lawyers suffer from the God Complex it becomes difficult to have your opinions or feelings heard—they essentially steam role you into submission. The result is cowering and fears rather than a healthy collaboration or partnership. Our team, including Mike and me, hope you find value in this video. Justin Paperny

In this video with Dr. Phil, I discuss the four points or sentencing elements defendants must express in a probation interview and in their personal narrative to the Judge. 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. As I discuss with Dr. Phil, 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. 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. 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 are going to federal prison, learn how to master each stage of your journey. Here is a snippet from a blog I wrote at www.WhiteCollarAdvice.com: Stage 1 of 3: As you move down the U in stage 1, you will embrace the odd reality of leaving your community behind. You will focus on all that you are missing: your family, your toilet, sex, privacy, and your freedom. You may also spend days, as I did, obsessing about how you ended up in federal prison. It can be hard to accomplish clearly defined goals in stage 1—more on that later. Stage 2: In time, however, you will begin to slowly adjust and become more comfortable with imprisonment. Most prisoners in stage 2 fall into a routine of table games, TV, and exercise. Generally, prisoners reach stage 2 when they are halfway done with their prison term. In other words, if your sentence is 24 months, you'll enter stage 2, or the bottom of the metaphorical U, at 12 months. Stage 3: Ascending the U! As you ascend the U in Stage 3, your anxieties will return. This time, however, your anxieties don't have to do with leaving society. Your anxieties exist because you will soon be returning to society. By stage 3 you will have mastered and been conditioned to imprisonment. Rather than worrying about only spending $360 a month in the commissary (stage 1) or enjoying your four-hour exercise sessions (stage 2), the thoughts of bills, dealing with a probation officer, and rebuilding your life take over.