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Old 07-16-2018, 10:59 PM
Truckerwife Truckerwife is offline
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Default BOP Placement question "Public Safety Factor"

My husband plead guilty to selling weed. His points are only 8-9 for designation placement purposes.

I read that there is a "public safety factor" for "Serious telephone abuse" that if your PSI says that you used a telephone in commission of selling drugs (which now a days everyone does), then you must be placed at at least a low security facility. It also says that they can waive this.

Has anyone ever had that applied, or waived?

Any information on public safety factors would be appreciated.
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Old 07-17-2018, 01:32 AM
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Hi there - I moved your post to our Federal forums for better replies to your BOP specific questions
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Old 07-17-2018, 04:04 AM
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Based on the info you presented, it doesn't sound like your LO will need to worry about a Public Safety Factor. My suggestion is to not try to figure it all out in the beginning, it will drive you around the bend. Try to deal with things as they come up, rather than guessing what the mysterious BOP is going to do (other than the obviousl).
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Old 07-17-2018, 06:57 AM
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I doubt that he will be given a PSF too. Anticipating problems that may never occur will help you to be prepared, but will also drive you crazy. I never heard of anyone being successful in removing a PSF, but I bet it has happened.
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Old 07-17-2018, 10:41 AM
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Your attorney should discuss this with you but most short sentences drug felons end up at camps. You can look at the federal guidelines online to at least have a sense of that. When sentenced he will want to request a free standing camp, not a satellite camp. The BoP will decide placement, but try to honor your request. They’ve been better about that lately we’ve noticed from talking to people who have shown up at various places. But if his level is 8-9 and he’s category I or whatever it’s called then he might even be able to probation which is why you should talk to a good attorney stat.
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Old 07-17-2018, 12:05 PM
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Can a good attorney do as well as a "sentencing consultant"?
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Old 07-17-2018, 02:01 PM
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Quote:
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Can a good attorney do as well as a "sentencing consultant"?
Don’t waste your time or money on a sentencing consultant! If you do your due diligence and get a good and experienced attorney, they will know everything about that. My husband (white collar) hired someone very experienced for his type of crime and an experienced trial lawyer. When he came time to take a plea we debated staying with this lawyer but did decide to switch to a lawyer (NOT a prison or sentencing consultant) that specializes in sentencing. It was also someone we already knew. A lot of those online prison consultants are not going to give you any information you can’t find on your own so don’t get sucked in by that. They prey on desperate people. I actually laugh because even after my husband was sentenced we got calls from some of them saying they could get him into rdap (my husband only got 18 months) but it would cost $15k and he would have to go to a Low not a camp! And maybe he could get out 30 days earlier. Sorry, no thank you. They prey one what they think are desperate people. We weren’t desperate. Then they tried to cut the price lower and negotiate and my husband said no. So finally they asked what it would be worth to my husband and he said $500. lol. That got the guy to stop harassing us. Feel free to pm me. We did a ton of research and due diligence. And for the record, his first attorney said to expect 3-4 years. Again, he only got 18 months. He will serve just under 14. The guidelines were 57-71. The govt wanted the guidelines. We don’t know what the probation officer recommended. She refused to tell his lawyer and the psr only mentioned the guidelines so we were freaking out the entire time but just followed the advice the entire time.

First thing I can tell you which is common sense. Have your husband immediately go into a drug abuse or some sort of program. Not sure what sellers go into or therapy but showing he cares about rehabbing himself is the #1 thing a judge will look at!! So like for drunks going to AA find something like that. If it’s therspy then that. But immediately!! I don’t mean inpatient.
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Old 07-18-2018, 01:19 AM
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There is a legitimate profession of sentencing and mitigation consultants. There is even a professional organization (NASAMS - National Alliance of Sentencing Advocates and Mitigation Specialists which is part of the National Legal Aid and Defender Association. That said, I would never advise hiring someone who isn't both approved by the defense attorney and also worked under their work product doctrine, which means Law Enforcement cannot touch their work, as it belongs to the attorney.



The Ex-cons who pretend to offer assistance know very little, just their own experiences and are NEVER worth their exorbitant fees. The legitimate consultants generally charge significantly less than these scam artists and are part of a real profession. I've worked in this field for a very long time with cases all over the country and a vast network of government and professional resources that often lawyers wouldn't have access t. Also, I have seen a lot of rip offs of scared people who are in emotional crisis and vulnerable by "consultants" who are self-names and have to true professional standing. Defense attorneys can use help in pursuing lower sentences through variances that information produced by sentencing consultants enhance. Former POs, social workers, forensic psychiatrists and psychologists, former BOP staff and others can be mitigating consultants.



Basically, don't hire anyone who isn't working with a lawyer or who is a lawyer. The defendant needs the full protection of a lawyer and should always be directing the entire process.



Hope this makes sense. Rockchalk1 is an educated researcher and gives great advice. Hope my words add a little to her perspective.
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Old 07-18-2018, 12:07 PM
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Golden information from you both!
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Old 07-18-2018, 07:24 PM
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Quote:
Originally Posted by bellisq View Post
There is a legitimate profession of sentencing and mitigation consultants. There is even a professional organization (NASAMS - National Alliance of Sentencing Advocates and Mitigation Specialists which is part of the National Legal Aid and Defender Association. That said, I would never advise hiring someone who isn't both approved by the defense attorney and also worked under their work product doctrine, which means Law Enforcement cannot touch their work, as it belongs to the attorney.



The Ex-cons who pretend to offer assistance know very little, just their own experiences and are NEVER worth their exorbitant fees. The legitimate consultants generally charge significantly less than these scam artists and are part of a real profession. I've worked in this field for a very long time with cases all over the country and a vast network of government and professional resources that often lawyers wouldn't have access t. Also, I have seen a lot of rip offs of scared people who are in emotional crisis and vulnerable by "consultants" who are self-names and have to true professional standing. Defense attorneys can use help in pursuing lower sentences through variances that information produced by sentencing consultants enhance. Former POs, social workers, forensic psychiatrists and psychologists, former BOP staff and others can be mitigating consultants.



Basically, don't hire anyone who isn't working with a lawyer or who is a lawyer. The defendant needs the full protection of a lawyer and should always be directing the entire process.



Hope this makes sense. Rockchalk1 is an educated researcher and gives great advice. Hope my words add a little to her perspective.
I have no doubt some consultants add value. Especially for Atty's who know little about sentencing. However, what I was offered was a bit different.

I remember my Attorney mentioning he worked with a "consultant " who used to be a PSI Probation officer. She was now in private practice and would prepare her own independent PSR. It would contain her own opinion of criminal history and score, guideline score, enhancements or reductions in my scoring (if any) among other things. If there was any dispute with the actual PSI report prepared by probation she would be called as a witness, and offer her opinion/evidence as to why something should or shouldn't be there. My attorney offered me this service, at an additional cost of course. He sort of discouraged me from using it however. He said now that the guidelines are only advisory the score has less importance. He also doubted how much the Judge weighs the opinion from an outsider hired by the defendant.. I suppose its another tool I could have used and, if nothing else it would have given me another opinion and a different perspective but, for the price it seemed like a bit of a waste..
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Old 07-19-2018, 01:54 AM
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Thanks for the thanks!

As a spouse who went through this, and what seemed forever, I learned a lot and continue to learn a lot. From being on the outside while he is there, to what happens on the inside. If you can say the ridiculous gets more ridiculous!! I come from a family a lawyers. I am actually the only non lawyer child in my family, and going through this process I have no second thoughts about having not gone to law school!! Having said that though, I have been around enough lawyers in my life to know what to have looked for in this process as has did my husband and am happy to help anyone who asks.

There are a lot of vulnerable people out there. Yes, there is a lot of help out there and trust me, there is a lot out there a lawyer can not tell you (ie don’t ever let a lawyer tell you a low is no different than a camp), but unless you’re the one indicted and going through the system you don’t quite know what it is like.

Please feel free to message me any questions you have. Again, happy to help!
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Old 07-21-2018, 04:22 PM
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As the others have said, do your research, but donít put yourself in a panic over the PSF if you canít control it. My husband is in a USP with a PSF and has points low enough for a medium. It is what it is. He has tried several times to transfer with no luck so far. They have told him, even if they did allow the transfer they would not remove the PSF.
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