For two decades, close working relationship with the defense bar in research and investigation for alternative sentencing options, mitigation theories and other ways to lessen the impact of incarceration on offenders and their families has given Equal Access Criminal Justice Service group extensive experience preparing clients for Federal court sentencing.
Since the inception of the Federal Sentencing Guidelines in 1987, Equal Access team has remained abreast of the frequent guideline amendments, the applicable case law that have developed around the guidelines and the emerging empirical studies (social, cultural, medical and psychiatric) that lend themselves to arguments in support of departures from the guidelines. Post-Booker, Equal Access has been on the leading edge of developing mitigation arguments under 18 U.S.C. §3553(a) factors and is intimately familiar with Bureau of Prisons (BOP) policies and practices; both through research of federal regulations and through communication with BOP staff, outside program personnel, and others, including current clients committed to the Bureau’s custody that can assist clients providing Prison Advocacy services during confinement after sentencing.
Equal Access approaches each case on an individual basis. Experienced team prepares background information; perform technical research, and present sentencing options tailored to the needs of the courts, client and community. Strategic Solutions sentencing plans often include the use of creative public services, substance abuse counseling, work-release and house arrest, and other intermediate sanctions available under the law.
Federal cases typically include the following, our team assist defense counsel and prepare a client for sentencing:
•Developing personal and professional background information and materials highlighting client’s character for submission to the probation officer and/or the Court;
•Preparing client for the pre-sentencing investigation process and probation interview;
•Assisting with the development of a comprehensive sentencing memorandum or prepare an Equal Access sentencing evaluation and report;
•Researching specific sentencing guideline questions and developing specific sentencing guideline arguments, including arguments for downward departure from the sentencing guidelines range;
•Conducting a disparity analysis of sentences imposed upon similarly situated offenders in federal courts using United States Sentencing Commission data.
•Reviewing, analyzing and assessing the draft Pre-Sentence Report (PSR). Assisting in preparing formal response to the PSR;
•Coordinating effort to obtain character reference letters and testimonials;
•When appropriate, developing a community-based sentencing alternative, and preparing materials for the court outlining our specific sentencing proposal with supporting documentation.