Services

CASE EXPERIENCE

Equal Access offers the most experienced and professional sentencing and parole preparation team available in the United States.

Equal Access provided Client Specific Planning Services to over 150 clients and assist defense attorneys and present work throughout countries plus the District of Columbia. Reports have been submitted before 68 of the 94 Federal District Courts and all regions of the U.S. Parole Commission, and 10 state parole boards

Client Services

Numerous Client Specific Planning Services are available upon referral and Equal Access will help determine which services are most appropriate.

•Bail Reports
Prepare comprehensive social studies/profiles, bail reports for both State and Federal Courts.

•Mitigating Factors/Report

Our consultants prepared mitigation report addressing the client personal mitigating factors, which can make the difference in receiving a reduced sentence. It is a document that presents client as a person, not just another defendant-relying on the Presentence Report to do this would be a mistake.

Mitigating Factors” are the pieces of information about the client or the nature of the offense, which when considered by the Court may result in a sentence less severe than the sentencing guidelines or non-guideline sentence. There are currently more than 200 mitigating factors that have been recognized for sentencing purposes in federal courts.The number of factors continues to grow under the sentencing guidelines. Some factors considered in issuing a below-guidelines sentence includes: a defendant’s age, prior criminal history, and role as a good parent, disadvantaged background, drug, alcohol, gambling addiction, life of public service, rendering of aid to a victim,good deeds, military service, need for medical treatment, and level of cooperation with the government. For a convicted person, employing qualified experts and effective attorneys to communicate mitigating factors to the court can mean the difference between a sentence that equals despair, and one that provides hope.

More than 96% of all federal criminal cases end in conviction of which sentencing is often the most critical phase for the defendant.Prior to 2005, federal judges were bound by mandatory sentencing guidelines that severely limited their ability to deviate from the guidelines based on factors and circumstances specific to the defendant. This all changed in 2005 with United States vs. Booker, in which the Supreme Court held that the sentencing guidelines are advisory only, not mandatory.

For purposes of sentencing, federal judges must “impose a sentence sufficient, but not greater than necessary…” In addition to taking into account sentencing factors such as affording adequate deterrence, providing restitution to victims, and other policy concerns, federal judges must consider the nature and circumstances of the offense and the history and characteristics of the defendant. There is no limitation “on the information concerning the background, character, and conduct of a person convicted of an offense which a court may receive and consider for the purpose of imposing an appropriate sentence.” Therefore, defendants who present compelling information to the court that may mitigate or make less severe the sentence handed down are greatly advantage over those who do not. Thorough preparation for sentencing is necessary to a “reasonable” sentence.

•Presentencing Reports

Practical, individually tailored alternatives are designed to eliminate or mitigate the use of imprisonment. Reports are developed which balance the sentencing goals of the court, including punishment, deterrence, public safety and rehabilitation

•Sentencing Guidelines Assistance

Experience with sentencing guidelines dictates that sentencing advocacy must begin as early as the pre-plea stage. Services in federal and state guideline cases include pre-plea assessments, impact review of decisions to cooperate, creative departure arguments, proposed uses of “intermittent confinement,” “relevant conduct” arguments, assessment of criminal history score, assistance in appeals of upward departure, and related research.

•Capital Case Assistance

In cases in which the defendant faces a potential death sentence, Sentencing Solutions experts prepare a comprehensive psycho-social history for presentation at the penalty phase of the case and clemency hearings.

•Pre-Custody Consultation

Briefing on what to expect on surrender, how to get involved in various programs and answers to questions clients might have regarding surrender, designation, security level and classification, 500 hour Residential Drug Program, and Supervised Release. These services are varied and include:

– Assisting the client in obtaining the most appropriate prison facility. This includes working with classification and designation authorities as well as determining the facility that best meets the client and family needs. Critical to this process is working prior to sentencing and providing the necessary information through the presentence report process.

– Becoming the advocate for our clients in the designation process. Absent advocacy, many clients are designated to facilities that are inappropriate and not conducive to family visitation.

– Once a designation is made, Equal Accessassists our clients in both the practical and psychological aspects of imprisonment.

These include:

o Understanding the federal and state prison regulation.

o Assisting with information such as visiting hours, mail, commissary, telephone, items that are allowed in prison, etc.

o Assisting clients in understanding the “culture of imprisonment.

o Assisting families in understanding their visiting regulations and explaining the process.

o Our tenet is that information is critical and that the more our clients can be prepared, the easier the transition is for them.

o Finally, when appropriate, we “partner” our clients with an existing Equal Access client who is in a particular federal facility. For the past several years, we have assisted clients and have developed a substantial network of resources throughout the country. Having a currently incarcerated client to assist in the first couple of weeks of imprisonment is invaluable.

•Institutional Designation/Transfer

Equal Access works with appropriate authorities for placement of confinement-bound clients in the most appropriate correctional or community-based facilities including boot camps and Residential Drug Abuse Treatment Programs. Knowledge of resources, both locally and nationally, makes Strategic Solutions uniquely qualified in this area.

•Residential Drug Abuse Program, RDAP

Equal Access offers comprehensive consulting services to defendants and their counsel regarding RDAP program locations, qualifications and admission criteria. We have successfully assisted over 100 clients andRDAP representations.

Residential Drug Abuse Program (RDAP) is an intensive substance abuse program administered by the Federal Bureau of Prisons (BOP) offered to federal prisoners who qualify and voluntarily elect to enroll. Upon successful completion of the program, prisoners who meet the necessary criteria are eligible for a 12- month reduction of their sentence and possibly six months in a halfway house.

The Supreme Court has approved the BOP’s exercise of discretion to deny early release to defendants with prior convictions for certain offenses, as well as to defendants who received an enhancement for possessing a gun.Violent offenses normally disqualify defendants from the early release portion of the program. Felony or misdemeanor convictions for homicide, forcible rape, robbery, aggravated assault, and child sexual abuses all render a prisoner ineligible to participate.

The program is open to inmates with a documented history of substance abuse in the 12-month period prior to arrest for the sentence they are currently serving. It is authorized in 18 U.S.C. § 3621. RDAP is only available to inmates in federal prisons, while State prisoners are not eligible to participate.

In all cases you will be following different rules and working with different branches of the Justice Department.

Once the prisoner has completed the sentence they there will be start supervised release under the supervision of the U.S. Probation office which is part of the U.S. District Courts (Judiciary Branch of the Federal system, as opposed to the Department of Justice). It is the responsibility for the U.S. Probation Office to make sure that every defendant complies with the requirements of his supervised release. Supervised release often contains many different conditions such as travel restrictions, monthly reporting and payment compliance of any fines and restitutions he/she may owe. If there is a fine or restitution outstanding during his supervised release period you will most likely be dealing with the U.S. Attorney’s Financial Litigation Unit. Once a person has completed his sentence (finalized supervised release) then he/she could have local issues such as re-instatement of State voting rights and other disenfranchisement issues.

Equal Access can help a defendant navigate through the BOP, U.S. Probation Office, the U.S. Attorney’s financial litigation unit and other federal, state and local agencies.

Equal Access Post Incarceration consulting includes assist with:

o CCC/Half-way house placement and consultation; anything from preparing the person on the rules/culture of the HWH; what they can bring with them, obtaining forms of identification; access to your motor vehicle, job search, getting the early release to home confinement, advocating for the client with the HWH, etc.

o Up to 12 month half-way house placement.
o Home confinement consultation.
o Supervised release consultation – this would include preparing for the probation officers
o Early termination of supervised release assistance.
o Restitution and fine restructuring services.
o Restoration of civil rights.

•Federal Sex Crimes

Recognized federal sex crimes consultant. A conviction for a sex crime involving a child or minor carriers with it a social stigma. Without the guidance of a skilled sentencing, prisons and post-conviction attorney by your side, a defendant or prisoner could face extensive prison time and other difficulties after trial, a guilty plea or while incarcerated. Equal Access, focuses its work exclusively on federal sentencing, prison matters and appeal. Our team has extensive experience working clients who are facing sentencing for federal sex crimes or need help with prison designation and other prison issues.

• Child Pornography and Federal Sex Crimes Involving Children and Minors

Equal Access work with attorney’s in plea negotiations, sentencing and in post-conviction actions resulting from charges of all types of federal sex crimes involving children:

o Child pornography (production, distribution, receipt and possession)
o Solicitation of a minor of sex, whether online or in person
o Transporting a minor across state lines for sex
o Selling, buying or trafficking of minors from overseas and between states for sex
o Kidnapping of a minor for sex.

•Parole Plans

Equal Access formulates and presents community release plans and structured arguments in support of release on parole. In federal cases, we provide technical experts to help achieve the lowest possible parole guidelines range.

•Death Penalty Mitigation

In cases in which defendants face a potential death sentence, Equal Access’s death penalty mitigation consultant’s experts prepare a comprehensive psycho-social history for presentation at the penalty phase of the case.

It is widely recognized that early and extensive investigation into a capital defendant’s biography should be a vital part of a defendant’s right to competent representation. While the main goal of such investigations is to uncover evidence in support of factors in mitigation and the defendant’s conduct for presentation at the penalty phase, the investigation may also prove useful for defense counsel in a trial’s guilty phase.

• New Executive Clemency Initiatives

Equal Access specializes in the new executive clemency initiatives and restoration of rights on both the Federal and State levels. Experience withthe administrative procedures and preparing executive clemency petitions and reportsthat addresses the client personal mitigating factorsfor executive clemency, commutation of sentence and pardon through the U.S. Department of Justice, Office of Pardon Attorney and various Governors Offices office the throughout the country.

• Research

Equal Accesscompiles research and statistics on specialized issues such as the available of early release programs, mandatory imprisonment statues, prison populations, recidivism rates, assessment of dangerousness, as well as local and national sentencing data.

The United States Sentencing Commission (USSC) maintains a comprehensive, computerized database of federal sentencing information. For almost a decade our team has developed and used a reporting tool designed to aid defense teams in academic research as it relates to sentencing mitigation called the Federal Sentencing Statistical Analysis (FSSA) report. FSSA was designed to help criminal defense teams determine the reasonableness of government’s incarceration demand upon the court. The FSSA produces a comprehensive statistical comparison which contrasts a client’s guidelines against sentences actually imposed in similar cases. This process allows the defense to analyze multiple other factors that can affect a client’s total guidelines exposure. The FSSA has become a powerful tool for defendants with well over 150 cases winning significant downward variances based on the findings brought forward from the FSSA results. Equal Accesssupports defense teams using FSSA with own internal counsel to help develop strategies, determine alternative analysis scenarios amongst other consultative services.

This collection contains information on federal criminal cases sentenced under the Sentencing Guidelines and Policy Statements of the Sentencing Reform Act of 1984. The data files included in this FSSA contain all cases received by the USSC that were sentenced between October 1, 1998 and September 30, 2010. United States Federal Courts handled more than 893,000 criminal cases between the fiscal years 1999 and 2010. The USSC estimates that 99 percent of all cases are included in the data collection.

Types of information gathered in the data sets include:

o Statute(s) of conviction (including statutory ranges and mandatory minimums)
o Guidelines applied
o Whether the defendant entered into a plea agreement or was convicted after trial
o All guideline calculations
o Criminal history information
o Final offense level and guideline range
o District and circuit where the defendant was sentenced
o The sentence imposed; detailed description of how the sentence will be served Reason for departure
o Reasons for departure or variance
o Financial penalties ordered
o Characteristics of the defendant (including age at sentencing, education level, citizenship, marital status, number of dependents)

• Technical Assistance and Training

Equal Access has provided specialized training to a variety of professional audiences and featured speakers at a host of legal and judicial seminars and conferences.