View Full Version : So many questions-all this waiting...
08-27-2004, 11:44 AM
I'm not sure if I am in the right place, but i have got a gazillion ?'s and really don't want to bother my attorney. (I am a criminal, I should know the answers I guess-NOT!!) I got my PSR and I am a Level 14-no criminal history and he (PO) has recommended 15 months. Is that a for sure thing or does the judge have the authority to reduce that at all and how common is it that he would? My attorney has had my family write letters that he will submit to the judge if he thiunks there is no content that the prosecutor could have a field day with. Also, he is going to request a particular camp-how likely is it that the judge will recommend it in sentencing and how apt is BOP to follow judges recommendation? I have not gotten the second draft of PSR, but it should not change too much. How long after final PSR to sentencing? How long from sentencing to designation? How long from designation to surrender date, If I don't have a nervous breakdown before all of it comes to fruition, it will be by the grace of God, truly. This website has been a Godsend and I really appreciate all the information. Am sending my $2 today! Please, if anyone knows the answers to above, pm me or just respond in the thread. Thanks ever so much.:)
08-27-2004, 01:37 PM
at level 12 the judge can give you probation.. IF there are any areas for departure in your PSI then the judge can depart from 14 to 12 (points off for acceptance etc..).. The judge will probably put in your request for the camp if its close to family, but the BOP really doesnt care because its all about the bed space and security level that they determine (They have thier own formula aside from the PSI).. Usually a couple weeks before sentencing (im suprised they havent given you the date yet).. Sentencing to designation usually 20 days then turn yourself in within 30 days from your sentencing (self surrender).... This is all from the experience i had with my parents (mom just self surrendered to camp august 16th and Dad was held in custody since trial in county jails and was JUST designated to Medium security)..
08-27-2004, 06:14 PM
your answers were very helpful. sorry about your mom and dad. they tell me the time will fly-just go and do it and get out. they just haven't told me if it will be a jet that it flies on or a crop duster! i am trying desperately to keep a sense of humor about me, i think it is all that will save my sanity. do you know if the judge is likely to depart downward? (my history would give no reason not to-i just don't want to get my hopes up and i can't afford fifty grand for attorney that specializes in getting downward departures granted.) and from what i understand, iy all depends on judges mindset with regard to sentencing guidelines. any info in this area?
08-27-2004, 06:37 PM
My husband was at a 17 with no priors. He was at absolutely no risk for reoffense since he cannot be bonded now. Several family & friends wrote letters confirming the extenuating financial circumstances and that it was a "departure from character". There was no reason for them not to depart in his case either but they didn't do it. We had a very average attorney (who wants to solicit references from their friends on a good criminal attorney...) who I don't really think fought for him but like you said - who has $50,000. The recommendations from the PO didn't seem to carry much weight - it was all the judges decision.
It seemed to drag on forever so I can totally understand your bid for insanity. Your sense of humor will be your saving grace. You are lucky to have found this place so you can get some information - my husband searched desperately and could find none which made him VERY anxious. Enjoy your life the best you can while you are still out & make arrangements so you will have as much peace of mind as possible about how things go when you are gone. Once you are in, find something to do to make it not seem like such a waste - read something, write something, learn something, get in shape.
Control what you can and let the rest go. My best wishes go out to you.
08-28-2004, 08:06 AM
thanks for the advice. i really have not thought much about my own peace ofmind when i am gone-just worrying like hell how my husband of 30 years will survive with out me. he is having to learn to do the checkbook, cook & clean, laundry. my god, there is just so much we take for granted that people know. do you mind telling me what po recommended sentence was? how much of his 17 mos has he done? is he coping well? i will keep you both in my prayers and thanks again for the response. :thumbsup:
On the other hand, my husband was a level 16..18-24 mos. The judge DID downward depart based on his psr and a great p.o. He got a year and a day and 6 mos of home detention. It is really up to the judge. Hubby was sentenced around 4 mos after the PSR and self surrendered a month later. You can request where you would like to be, but that will ultimately be up to the BOP
Additionally, if the judge sentences you and you get only a year..make sure your attorney asks for an extra day in (one year and one day) If you get only 1 year you are NOT eligible for good time credit. The year and a day will put you in for a little over 9 mos and you will get about 1 month of halfway house.
08-30-2004, 02:51 PM
Look in your Presentence report when it comes out. THe federal probation officer put an area on my moms presentence report (iam looking at it now) that says "factors that may warrant departure". it notes her acceptance of responsibility, her mental and physical health, family responsibilites (sole caregiver for elderly mother), and couple other items.The judge works hand in hand with the federal probation officer when it comes to his recommendations but then makes decisions themselves. It really has a lot to do with how the judge views you personally and your situation and past history. its a 'coin toss'.. IN my dad's presentence report the probation officer did NOT list anything under the section i described above, stating that they did not see any areas valid.. So the key is going to be taking a look at your PSI when it comes in prior to sentencing.
08-30-2004, 03:22 PM
Hi Livvy, I just got out the first draft and the area you are referring to says "the probation officer has no information concerning the offense or the offender which would warrant a departure from the prescribed sentencing guidelines." And I don't believe the PO is out to get me, I just prefer to think he is going strictly bythe book-very black and white-nothing more nothing less. The whole report reads like that. He spent about an hour with me and my attorney gathering the information he based the report on. He never met with my husband-never contacted my employer-all just very cold. Was this your parents experience as well? I am just hoping the judge will hear my attorney and take letters from my family into account and possibly reduce the recommended sentence so that I would be able to remain employed. This has all been hanging over our heads for 3 years now and I am almost worn out. Thanks for listening... Sherry:)
In all fairness to the PO preparing the report, he did give me a +3 for my acceptance of responsibility, pleading thereby saving the gov't the expense of preparing for trial, etc...Anyway, my point is I would have been a 17 had he not done that. I guess I should be grateful...
08-31-2004, 09:20 AM
my dads PSI said what yours does.. the PO did not know my dad well, but apparently thought my mom shouldnt be in the situation (shes 68 yrs old) and did have some health and family reasons that he thought the judge could/should depart for.. Hopefully the judge will depart in your case.. she/he will probably ask your lawyer DURING the sentencing if they have any argument for departures (they did at my parents), maybe you could talk to your attorney and see if they have any points that they feel would be relevant to bring up.. regardless its up to the judge no matter what.. she did not accept my moms departures even though they were on there, so you never know.. having them on there doesnt necesssarily mean its a given. Have you looked up your sentence guidelines? I.E. what is the minimum and maximum months allowed based on where you fall in the guidelines? Im not sure what year of the federal guidelines you will be using.. I have been dealing with this crap for 3 years with my family also and it continues, they are still holding grand jury's about my family.. and its all out of vengence, not facts. its a mess. Maybe 15 months at a camp will give you some much needed rest and time to focus on yourself and bettering yourself for a change.. thats the way my mom is surviving this.. The next 21 months of her life will be spent in a camp, BUT it will probably be less stressful than the past 3 years on the outside have been.
08-31-2004, 10:27 AM
I am kind of thinking the same thing though I don't dare say it out loud. (Having a break from the mindtrap that I have been in for 3 years.) I am a voracious reader and looking forward to actually having the time to do it. Don't misunderstand me-I dread with every ounce of life in me going. I don't know if I mentioned it earlier but I also have some health issues-the biggest one being that I have multiple sclerosis (while it is a degenerative neurological disease, Iam not "one of Jerry's kids"-different disease) and there appears to be so little common knowledge about it. I work in healthcare so am guilty of just assuming people know the disease and its limitations. WRONG. My attorney thought I might best be suited for one of the medical centers, well after reading on this website, I'll take my chances in a camp-mainly so I have a chance to stay in Texas. I have a pretty liberal judge and as I said before, family and friends have written letters so I just pray... Sounds like even after your mom and dad's ordeal is over, it may not be over. Still grand jurying???? There's a fine way to spend our tax dollars. I am such an old hippie and all this government is just more than I can stomach sometimes. My thoughts and prayers are with you, girl. And thanks for listening to me. You have more than enough on your plate and I really appreciate your time. It means a lot to me.:)
I have looked up the guidelines for the offense. 15-21 months/not eligilble for probation and 1 yr minimum supervised release
08-31-2004, 01:19 PM
well, you are eligible for probation if the judge wants.. the guy who was vp of my dads company who offered 'substanial assistance' got probation on a guideline that gave a minimum of around 10years. Ahhh the power of the robe ... while my housewife mother sits in jail, no sense.. anyways, I would think that your medical condition is an area for a potential departure (as my moms age and the fact that she was a sole caregiver for her elderly mother were for her).. I would have your attorney bring it up as an argument for possible house arrest or at least for a low sentence. My mom has so many health problems too (as so many do at 67) and unfortunately it took over a week before her medical evaluation. :( My dad also has SEVERE heart condition among others and has been sent to hospital once already.. i will say the medical care is iffy and somewhat insensitive, but if your condition is one that you can do without your regular 'high involvement' treatment plan for a few months, i would definitely suggest a camp and not a med facility. Thanks for your kind words.. I hear ya, Im an 'old hippie' at heart although im only 25, this continue to be a battle that i have to fight and im not pleased, i just want closure...:( oh well... thanks though
08-31-2004, 02:27 PM
Livvy, Well you just made my day. My son is 25 (only child) and I worry to tears most days what this has done to him. I was wondering if you could share with me some of what your feelings are about your parents ordeal. He was a psych major in college and is oh, so wise, beyond his years. He even expressed to me when I first told him (3 yrs ago) that it was almost a relief to finally be able to think of me as normal and not on that pedestal that he deemed unattainable. I realize now what high standards I had set for him and failed to follow myself. Because he was the "only", our house was always grand central and there are a whole host of friends of his who also saw me as the surrogate mom who had the answers to every problem. I just feel like such a disappointment to them. Very few know everything, but a couple do. Anyway, Livvy, your thoughts?? :love: Sherry
09-01-2004, 11:55 AM
Sherry, I sent you a PM.. :) Livvy
09-02-2004, 02:18 PM
Livvy: I will keep you and your parents in my prayers. I know if must be hard for you being so young. I have a daughter 24 who I still haven't told. it will break her heart. Hang in there.
You can PM me if you need an ear.
09-16-2004, 06:38 PM
MurphsMom, I am sorry to hear about this whole ordeal and what's going on with you but be strong God will prove his mercy we can only pray. I am about to go away also with my husband and when I start to get down I remind myself that I am saved I have life and I'm not going away for that long God will help you through it. Hopefully you get probation if not hopefully a halfway house or camp. Keep us updated.