Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > FEDERAL PRISON SYSTEM > Federal General Prison Talk, Introductions & Chit Chat
Register Entertainment FAQ Calendar Mark Forums Read

Federal General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to the Federal Prison & the Criminal Justice System that do not fit into any other Federal sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

Reply
 
Thread Tools Display Modes
  #1  
Old 07-22-2019, 04:52 PM
chel62 chel62 is offline
Registered User
 

Join Date: Jul 2019
Location: Indiana USA
Posts: 21
Thanks: 0
Thanked 27 Times in 14 Posts
Default Federal Restitution Full Settlement

Hello, I am new to this site. My son will be sentenced in federal court within the next month for a Series of nonviolent white collared offenses. If full restitution is paid prior to sentencing can he expect a much lighter sentence compared to if he did not pay any restitution upfront at all?

He is now in custody due to other pending charges. He did not help himself out further complicating things by lying under oath during proceedings.We are working through our attorney. We donít know what to expect or if the prosecutor will be interested in this type of agreement. We should know more in the coming week or two just trying to see if anybody here has any experience or knowledge of these type of agreements. Thank you
Reply With Quote
The Following User Says Thank You to chel62 For This Useful Post:
Girl22472 (07-22-2019)
Sponsored Links
  #2  
Old 07-22-2019, 05:28 PM
Chuck.Finley Chuck.Finley is offline
Registered User
 

Join Date: Jul 2019
Location: Atlanta, GA
Posts: 17
Thanks: 9
Thanked 24 Times in 10 Posts
Default

From what my own attorney told me, Paying any restitution (specially prior to sentencing) will show the court good will. However, it is always up to the judge to determine what an appropriate sentence would be. The fact he lied under oath will also be taken into account. My best advice is to talk with your Attorney about this. Hopefully they have worked with that particular judge and can make the appropriate requests at sentencing. Also, any and all letters of support your son can get will be VERY helpful, specially if he was involved in any community activities and volunteer work. If people are willing to show up on court during sentencing to talk for him and show support could also make a big different in the judge's eyes.

I am sorry you have to go through this and I hope things do get better for your son.
Reply With Quote
The Following User Says Thank You to Chuck.Finley For This Useful Post:
sidewalker (07-23-2019)
  #3  
Old 07-22-2019, 05:57 PM
Girl22472 Girl22472 is offline
Registered User
 

Join Date: May 2018
Location: Indiana
Posts: 398
Thanks: 301
Thanked 478 Times in 224 Posts
Default

Quote:
Originally Posted by chel62 View Post
Hello, I am new to this site. My son will be sentenced in federal court within the next month for a Series of nonviolent white collared offenses. If full restitution is paid prior to sentencing can he expect a much lighter sentence compared to if he did not pay any restitution upfront at all?



He is now in custody due to other pending charges. He did not help himself out further complicating things by lying under oath during proceedings.We are working through our attorney. We donít know what to expect or if the prosecutor will be interested in this type of agreement. We should know more in the coming week or two just trying to see if anybody here has any experience or knowledge of these type of agreements. Thank you
I'm pretty sure that he was on this site before he had to surrender last week...if he didnt share that with you, you could look and find some other advise he was given.
Reply With Quote
  #4  
Old 07-22-2019, 06:12 PM
worldwide worldwide is offline
Registered User
 

Join Date: Nov 2014
Location: Georgia USA
Posts: 106
Thanks: 16
Thanked 97 Times in 57 Posts
Default

I was able to pay my restitution in full on the day of my sentencing through loans and hard work. It will depend on the Judge but, I will tell you at the very least it will make his incarceration and post incarceration easier. What is extremely important is to show how he was able to pay the restitution or will be working to pay it back. If for instance he won the lottery or if the judge believes his parents are simply bailing him out then I doubt he will get much credit for repaying the money. If he can show that he worked his butt off to pay the money back, took out loans, sold assets to come up with the money the Judge will look very favorably on this. He will see that he has done everything he can to right his wrong. If you are providing him with the money then my suggestion would be for you to speak at his sentencing letting the Judge know that this is not a gift but, a loan and you are insisting your son work to pay this back as soon as he can. That you are doing this to make the people/company he stole this money from whole because you have the means to do it and, its the right thing to do but, you did not approve of his behavior. Your attorney can construct the best way to approach this. Also, you should ask the AUSA to waive forfeiture if you are paying the restitution in full.

Last edited by worldwide; 07-22-2019 at 06:15 PM..
Reply With Quote
The Following User Says Thank You to worldwide For This Useful Post:
Girl22472 (07-22-2019)
  #5  
Old 07-22-2019, 06:52 PM
chel62 chel62 is offline
Registered User
 

Join Date: Jul 2019
Location: Indiana USA
Posts: 21
Thanks: 0
Thanked 27 Times in 14 Posts
Default

Thanks so much for this info. We had established a trust fund over 5 years ago for him and well before his legal troubles began. He / We believe it’s the right thing to do to make everyone whole.

He /we absolutely knows he is serving prison time our Hope was the prosecutor will let up on a stiff sentence recommendation. Our attorney is facilitating the discussion with the prosecutor.

Such good input from everyone here. He did post a lot that I read. I know he appreciated the support and the compassion from people here.

Thank you so much
Reply With Quote
The Following 5 Users Say Thank You to chel62 For This Useful Post:
4Bobby (07-23-2019), fbopnomore (07-23-2019), Girl22472 (07-22-2019), Itshardtowait (07-23-2019), sidewalker (07-23-2019)
  #6  
Old 07-23-2019, 09:31 AM
Chuck.Finley Chuck.Finley is offline
Registered User
 

Join Date: Jul 2019
Location: Atlanta, GA
Posts: 17
Thanks: 9
Thanked 24 Times in 10 Posts
Default

Quote:
Originally Posted by chel62 View Post
Thanks so much for this info. We had established a trust fund over 5 years ago for him and well before his legal troubles began. He / We believe itís the right thing to do to make everyone whole.

He /we absolutely knows he is serving prison time our Hope was the prosecutor will let up on a stiff sentence recommendation. Our attorney is facilitating the discussion with the prosecutor.

Such good input from everyone here. He did post a lot that I read. I know he appreciated the support and the compassion from people here.

Thank you so much
The two things that will look the most favorable for him in front of the judge:

1. Accept responsibility for his actions.
2. Show repentance.

Paying restitution ahead of conviction could be proof of the two above items. However, the more he can do to demonstrate these things the better. The judge probably wants to know that he feels sorry what he did, he knows and is willing to be held accountable for his actions, and showing this experience will ensure this will never happen again. How harsh of a punishment the judge imparts is generally based on how well someone can show their actions were not the norm but something the situation (lifestyle, greed, opportunity) let to. Best of luck, it is not an easy position to be in.
Reply With Quote
  #7  
Old 07-23-2019, 06:11 PM
worldwide worldwide is offline
Registered User
 

Join Date: Nov 2014
Location: Georgia USA
Posts: 106
Thanks: 16
Thanked 97 Times in 57 Posts
Default

Quote:
Originally Posted by chel62 View Post
Thanks so much for this info. We had established a trust fund over 5 years ago for him and well before his legal troubles began. He / We believe itís the right thing to do to make everyone whole.

He /we absolutely knows he is serving prison time our Hope was the prosecutor will let up on a stiff sentence recommendation. Our attorney is facilitating the discussion with the prosecutor.

Such good input from everyone here. He did post a lot that I read. I know he appreciated the support and the compassion from people here.

Thank you so much
I am glad his attorney will be approaching the prosecutor about restitution. Its a touchy situation and, it takes an experienced attorney to know how to handle that discussion. Doesn't seem like it would be but, it is. The prosecutor should really be more willing to give him a break if the money is going back to actual people and not a large company or the govt. For the prosecutor to be able to tell the victims they are getting all of there money back is huge. Regular people who have had money stolen from them also tend to show up in court and make a statement. Obviously this is bad for your son so making restitution to them in full usually takes the bite out of it. I do not know what his crime is but, just wanted to add my input. Either way it will be a good thing if handled the correct way
Reply With Quote
  #8  
Old 07-23-2019, 06:47 PM
chel62 chel62 is offline
Registered User
 

Join Date: Jul 2019
Location: Indiana USA
Posts: 21
Thanks: 0
Thanked 27 Times in 14 Posts
Default

Hi thank you for sharing your thoughts. What you and Chuck say makes perfect sense and obviously we are hoping the prosecutor, probation officer and judge will see that restitution paid in full warrants a lighter sentence.

He / we know he needs to be punished and given prison time for his actions and defiance with the Feds. He’s in custody now so he is limited in the actions he can take to show remorse. He seems to be doing ok in county jail segregation. We had a 3 minute call with him yesterday and will visit him Sunday. We are having all kinds of reading materials sent to him and money in his commissary account to try and make his time a bit easier

This has really humbled him /us. In my wildest imagination I never thought I would be active for information on a website to learn and understand more about federal prison. People here have been tremendous.

Our attorney is expected to meet with the prosecutor this week and discuss proposals.
Reply With Quote
The Following 2 Users Say Thank You to chel62 For This Useful Post:
fbopnomore (07-24-2019), Itshardtowait (07-23-2019)
  #9  
Old 07-23-2019, 09:26 PM
rockchalk1 rockchalk1 is offline
Registered User
 

Join Date: Sep 2017
Location: Chicago
Posts: 1,394
Thanks: 22
Thanked 1,611 Times in 814 Posts
Default

Quote:
Originally Posted by chel62 View Post
Hi thank you for sharing your thoughts. What you and Chuck say makes perfect sense and obviously we are hoping the prosecutor, probation officer and judge will see that restitution paid in full warrants a lighter sentence.

He / we know he needs to be punished and given prison time for his actions and defiance with the Feds. Heís in custody now so he is limited in the actions he can take to show remorse. He seems to be doing ok in county jail segregation. We had a 3 minute call with him yesterday and will visit him Sunday. We are having all kinds of reading materials sent to him and money in his commissary account to try and make his time a bit easier

This has really humbled him /us. In my wildest imagination I never thought I would be active for information on a website to learn and understand more about federal prison. People here have been tremendous.

Our attorney is expected to meet with the prosecutor this week and discuss proposals.
First, I'm sorry he has put you in this position. Second, he is very lucky to have your support. I can't tell you how important that is, no matter how many mistake he made. He is also very fortunate you are in the position to help with the restitution.

When my husband who also was indicted for a white collar felony decided to take a plea and hired a lawyer specializing in sentencing, one of the most important things he told us was to do whatever we could to pay the restitution. That would be huge. Better to borrow the money and owe it to someone else than to owe it in restitution. The judge will look highly on that, however, it should come from your son, so if you have to gift it to him or lend it to him, to pay, that is much better than you paying it off for him or on his behalf.

Remorse is vital. Your son definitely got himself into a pickle by lying further and that could enhance his sentence, but still paying the restitution, showing remorse to the victims, what has he done to better himself during the process, etc. all goes to helping his situation.

It doesn't matter if it's the government or a person that is made whole. The judge doesn't care, as long as whoever the victim is, is made whole. They view a victim as a victim no matter who or what it is. The government/IRS or other companies, still at the end of the day have people that are victims - whether it be the taxpayers, or the shareholders, etc.

Support or your son, good character letters and your son making a well meaning allocution statement will all help. The attorney also knowing his judge and whether or not he tends to go well below the guidelines will make a difference in how he approaches things.

As far as guidelines and sentencing, my husband's guidelines were 57-71 months, he was sentenced to 18, was out in just under 14.

One other thing, the time your son is incarcerated now, will go against his sentence so in that regard, that is a good thing. Sucks that he is away, but for each week he is locked up, it is 1 less week he will be serving his sentence and maybe this will be a wake up call for him. County prisons are supposed to be worse than Federal Prison Camps.

Feel free to reach out and pm any questions you may have.

My husband has been out since January, off of home confinement since March, and soon to be applying for early termination of supervised release. He just received his passport back today, so things are looking up!! It does get better, believe it or not.
Reply With Quote
  #10  
Old 07-23-2019, 10:49 PM
Itshardtowait Itshardtowait is offline
Registered User
 

Join Date: Sep 2017
Location: Idaho-USA
Posts: 500
Thanks: 793
Thanked 318 Times in 160 Posts
Default Son

Quote:
Originally Posted by chel62 View Post
Hi thank you for sharing your thoughts. What you and Chuck say makes perfect sense and obviously we are hoping the prosecutor, probation officer and judge will see that restitution paid in full warrants a lighter sentence.

He / we know he needs to be punished and given prison time for his actions and defiance with the Feds. Heís in custody now so he is limited in the actions he can take to show remorse. He seems to be doing ok in county jail segregation. We had a 3 minute call with him yesterday and will visit him Sunday. We are having all kinds of reading materials sent to him and money in his commissary account to try and make his time a bit easier

This has really humbled him /us. In my wildest imagination I never thought I would be active for information on a website to learn and understand more about federal prison. People here have been tremendous.

Our attorney is expected to meet with the prosecutor this week and discuss proposals.
Your Son said that you as his Mother was a great support to him, I can honestly say I never expected to learn about the Federal Prison System, nothing that I had really ever thought about, but yes my Son is in Federal also, it is humbling. I had explained to him as others did too, about the amount of funds he should have on his books, we told him donít look wealthy, donít keep a lot of money on hand, and donít buy everything just because you can, it will make him a target, people on here are a wealth of information, and they are not judgmental. I wanted to let you know, I send my son $300 a month, several magazine subscriptions(I used airline miles for some) others I ordered from the publisher, I now send him about 10 books a month, 2 and 3 at a time, through Amazon. Write him letters, even though youíll be able to speak to him on the phone once everything gets straightened out, getting mail seems to bring happiness to them, and can re read them, see you handwriting, it feels personal. Your son really did sound remorseful when he was on here, I am sorry were having to meet you this way, no question is stupid, someone will always try to answer questions for you. I must ask how are you holding up?
__________________

OWL
Reply With Quote
  #11  
Old 07-23-2019, 11:44 PM
worldwide worldwide is offline
Registered User
 

Join Date: Nov 2014
Location: Georgia USA
Posts: 106
Thanks: 16
Thanked 97 Times in 57 Posts
Default

Quote:
Originally Posted by rockchalk1 View Post
First, I'm sorry he has put you in this position. Second, he is very lucky to have your support. I can't tell you how important that is, no matter how many mistake he made. He is also very fortunate you are in the position to help with the restitution.

When my husband who also was indicted for a white collar felony decided to take a plea and hired a lawyer specializing in sentencing, one of the most important things he told us was to do whatever we could to pay the restitution. That would be huge. Better to borrow the money and owe it to someone else than to owe it in restitution. The judge will look highly on that, however, it should come from your son, so if you have to gift it to him or lend it to him, to pay, that is much better than you paying it off for him or on his behalf.

Remorse is vital. Your son definitely got himself into a pickle by lying further and that could enhance his sentence, but still paying the restitution, showing remorse to the victims, what has he done to better himself during the process, etc. all goes to helping his situation.

It doesn't matter if it's the government or a person that is made whole. The judge doesn't care, as long as whoever the victim is, is made whole. They view a victim as a victim no matter who or what it is. The government/IRS or other companies, still at the end of the day have people that are victims - whether it be the taxpayers, or the shareholders, etc.

Support or your son, good character letters and your son making a well meaning allocution statement will all help. The attorney also knowing his judge and whether or not he tends to go well below the guidelines will make a difference in how he approaches things.

As far as guidelines and sentencing, my husband's guidelines were 57-71 months, he was sentenced to 18, was out in just under 14.

One other thing, the time your son is incarcerated now, will go against his sentence so in that regard, that is a good thing. Sucks that he is away, but for each week he is locked up, it is 1 less week he will be serving his sentence and maybe this will be a wake up call for him. County prisons are supposed to be worse than Federal Prison Camps.

Feel free to reach out and pm any questions you may have.

My husband has been out since January, off of home confinement since March, and soon to be applying for early termination of supervised release. He just received his passport back today, so things are looking up!! It does get better, believe it or not.
Rockchalk while I agree with everything you are saying and certainly understand where you are coming from I must disagree about the Judge's view towards a victim and restitution. If one steals an elderly persons life savings in an investment scheme for example the Judge/prosecutor is absolutely going to see that as a more serious issue then say cheating on your income tax. Especially when the elderly person speaks at sentencing and, tells the Judge how they worked for fifty years and, this person stole everything they had. A rep. from the IRS is not going to come down and speak at someones sentencing and, if they did it wouldn't have the same effect. So with this being said making full restitution to a person or group of people is going to have more meaning. Judges and prosecutors are human and, when its a real life sympathetic victim its going to have a bigger impact.

Last edited by worldwide; 07-23-2019 at 11:54 PM..
Reply With Quote
  #12  
Old 07-24-2019, 05:28 AM
chel62 chel62 is offline
Registered User
 

Join Date: Jul 2019
Location: Indiana USA
Posts: 21
Thanks: 0
Thanked 27 Times in 14 Posts
Default

Quote:
Originally Posted by Itshardtowait View Post
Your Son said that you as his Mother was a great support to him, I can honestly say I never expected to learn about the Federal Prison System, nothing that I had really ever thought about, but yes my Son is in Federal also, it is humbling. I had explained to him as others did too, about the amount of funds he should have on his books, we told him donít look wealthy, donít keep a lot of money on hand, and donít buy everything just because you can, it will make him a target, people on here are a wealth of information, and they are not judgmental. I wanted to let you know, I send my son $300 a month, several magazine subscriptions(I used airline miles for some) others I ordered from the publisher, I now send him about 10 books a month, 2 and 3 at a time, through Amazon. Write him letters, even though youíll be able to speak to him on the phone once everything gets straightened out, getting mail seems to bring happiness to them, and can re read them, see you handwriting, it feels personal. Your son really did sound remorseful when he was on here, I am sorry were having to meet you this way, no question is stupid, someone will always try to answer questions for you. I must ask how are you holding up?
My husband and I are holding up ok. Iím doing ok such an overwhelming feeling knowing we canít give him the support he needs. We miss him so much. We are worried sick about his well being and mental state. We are doing everything in our power to ensure he has as much to read, word / number puzzles, commissary etc.

But I know what Iím going through is nothing compared to how hard it must be for him. He was under some understanding that he was going to be transferred to Chicago MCC this past weekend with other fed detainees held at the local county jail. That has since changed and now there is no timetable or plan to do this so it appears he is going to be in the county jail for an indefinite amount of time while we sort through the legal process. He requested to be placed into Segregation PC thinking this would be short term and itís quite a process to get out of PC once he requested it.

Where is your son serving time? Are you able to visit him frequently? Does it get easier for you now that he is in a designated facility And has adjusted?
Reply With Quote
The Following User Says Thank You to chel62 For This Useful Post:
Itshardtowait (07-24-2019)
  #13  
Old 07-24-2019, 05:37 AM
chel62 chel62 is offline
Registered User
 

Join Date: Jul 2019
Location: Indiana USA
Posts: 21
Thanks: 0
Thanked 27 Times in 14 Posts
Default

Quote:
Originally Posted by rockchalk1 View Post
First, I'm sorry he has put you in this position. Second, he is very lucky to have your support. I can't tell you how important that is, no matter how many mistake he made. He is also very fortunate you are in the position to help with the restitution.

When my husband who also was indicted for a white collar felony decided to take a plea and hired a lawyer specializing in sentencing, one of the most important things he told us was to do whatever we could to pay the restitution. That would be huge. Better to borrow the money and owe it to someone else than to owe it in restitution. The judge will look highly on that, however, it should come from your son, so if you have to gift it to him or lend it to him, to pay, that is much better than you paying it off for him or on his behalf.

Remorse is vital. Your son definitely got himself into a pickle by lying further and that could enhance his sentence, but still paying the restitution, showing remorse to the victims, what has he done to better himself during the process, etc. all goes to helping his situation.

It doesn't matter if it's the government or a person that is made whole. The judge doesn't care, as long as whoever the victim is, is made whole. They view a victim as a victim no matter who or what it is. The government/IRS or other companies, still at the end of the day have people that are victims - whether it be the taxpayers, or the shareholders, etc.

Support or your son, good character letters and your son making a well meaning allocution statement will all help. The attorney also knowing his judge and whether or not he tends to go well below the guidelines will make a difference in how he approaches things.

As far as guidelines and sentencing, my husband's guidelines were 57-71 months, he was sentenced to 18, was out in just under 14.

One other thing, the time your son is incarcerated now, will go against his sentence so in that regard, that is a good thing. Sucks that he is away, but for each week he is locked up, it is 1 less week he will be serving his sentence and maybe this will be a wake up call for him. County prisons are supposed to be worse than Federal Prison Camps.

Feel free to reach out and pm any questions you may have.

My husband has been out since January, off of home confinement since March, and soon to be applying for early termination of supervised release. He just received his passport back today, so things are looking up!! It does get better, believe it or not.
Hi thank you for sharing your thoughts and providing me encouragement regarding this restitution process. We are meeting with our attorney tomorrow and he is meeting with the prosecutor Later this week to discuss proposals. We were looking at a lot of different things but the one thing our attorney told us was not to mention anything regarding being released out of custody. We thought about adding that as a stipulation originally . In addition if he was released out of custody that we could potential he seek a self surrender arrangement at sentencing. But our attorney recommended against including this in any proposal. Our attorney suggested that any proposal for release out of custody may come across disingenuous but more importantly by including in our proposal that he remains in custody it will show the prosecutor and judge heís being remorseful.

We should know more in the coming weeks. I think the toughest part about this and I know itís self-inflicted but I think all of the waiting and delays and the time it takes through this process has probably been the toughest part for us. Nothing seems to go as scheduled and nothing happens on time.
Reply With Quote
The Following User Says Thank You to chel62 For This Useful Post:
fbopnomore (07-24-2019)
  #14  
Old 07-24-2019, 08:21 AM
Girl22472 Girl22472 is offline
Registered User
 

Join Date: May 2018
Location: Indiana
Posts: 398
Thanks: 301
Thanked 478 Times in 224 Posts
Default

Quote:
Originally Posted by chel62 View Post
We should know more in the coming weeks. I think the toughest part about this and I know itís self-inflicted but I think all of the waiting and delays and the time it takes through this process has probably been the toughest part for us. Nothing seems to go as scheduled and nothing happens on time.
I have to agree with you on this. Even if house arrest would have been an option for him as a bond condition it does not count towards sentencing. My husband's case technically began in Nov. of 2016. An arrest wasn't made until May of 18. He has been on house arrest since that time and after several delays his sentencing just took place on July 1st. He will be self surrendering but the last 14+ month on house arrest does not count towards his incarceration time.
Reply With Quote
The Following User Says Thank You to Girl22472 For This Useful Post:
fbopnomore (07-24-2019)
  #15  
Old 07-24-2019, 09:06 AM
chel62 chel62 is offline
Registered User
 

Join Date: Jul 2019
Location: Indiana USA
Posts: 21
Thanks: 0
Thanked 27 Times in 14 Posts
Default

Quote:
Originally Posted by Girl22472 View Post
I have to agree with you on this. Even if house arrest would have been an option for him as a bond condition it does not count towards sentencing. My husband's case technically began in Nov. of 2016. An arrest wasn't made until May of 18. He has been on house arrest since that time and after several delays his sentencing just took place on July 1st. He will be self surrendering but the last 14+ month on house arrest does not count towards his incarceration time.
My Goodness. How long does he need to serve? This has been ongoing with our son since Dec 2016. As hard and as much to see our son go through this I donít know how I would manage without my husband. Hopefully he wonít be in prison long
Reply With Quote
  #16  
Old 07-24-2019, 09:48 AM
Girl22472 Girl22472 is offline
Registered User
 

Join Date: May 2018
Location: Indiana
Posts: 398
Thanks: 301
Thanked 478 Times in 224 Posts
Default

Quote:
Originally Posted by chel62 View Post
My Goodness. How long does he need to serve? This has been ongoing with our son since Dec 2016. As hard and as much to see our son go through this I donít know how I would manage without my husband. Hopefully he wonít be in prison long
He was sentenced to 48 months. He will probably serve 36 inside and 4.5 months in a HWH or HC.
Reply With Quote
The Following User Says Thank You to Girl22472 For This Useful Post:
fbopnomore (07-24-2019)
  #17  
Old 07-24-2019, 11:11 AM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 29,318
Thanks: 46,486
Thanked 22,467 Times in 12,940 Posts
Default

Pretrial/presentencing release time doesn't count towards the eventual sentence regardless of how restrictive the bond conditions are. Some folks choose to be locked up right away, but the local jails I was in were worse than even bop incarceration time.
__________________
Reply With Quote
  #18  
Old 07-24-2019, 12:46 PM
chel62 chel62 is offline
Registered User
 

Join Date: Jul 2019
Location: Indiana USA
Posts: 21
Thanks: 0
Thanked 27 Times in 14 Posts
Default

Quote:
Originally Posted by fbopnomore View Post
Pretrial/presentencing release time doesn't count towards the eventual sentence regardless of how restrictive the bond conditions are. Some folks choose to be locked up right away, but the local jails I was in were worse than even bop incarceration time.
Honestly, the last 2 weeks before going into federal custody all he did was obsess about being in prison. Reading books and watching movies about prison. Couldnít sleep at night thinking about all this. I know he was on here often over that time trying to find out everything he wanted to know it was like he was already there. Going into custody wasnít his choice but going in a day earlier than he was ordered to was his choice.
Reply With Quote
  #19  
Old 07-24-2019, 05:27 PM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 29,318
Thanks: 46,486
Thanked 22,467 Times in 12,940 Posts
Default

I hope he finds that the actual prison experience isn't anywhere near as bad as what he feared it would be. Movies & TV exaggerate the violence and trouble in most prisons, and it is usually possible to make it through an entire sentence with only minor mental issues.
__________________
Reply With Quote
The Following User Says Thank You to fbopnomore For This Useful Post:
Itshardtowait (07-24-2019)
  #20  
Old 07-24-2019, 09:53 PM
rockchalk1 rockchalk1 is offline
Registered User
 

Join Date: Sep 2017
Location: Chicago
Posts: 1,394
Thanks: 22
Thanked 1,611 Times in 814 Posts
Default

Quote:
Originally Posted by chel62 View Post
Hi thank you for sharing your thoughts and providing me encouragement regarding this restitution process. We are meeting with our attorney tomorrow and he is meeting with the prosecutor Later this week to discuss proposals. We were looking at a lot of different things but the one thing our attorney told us was not to mention anything regarding being released out of custody. We thought about adding that as a stipulation originally . In addition if he was released out of custody that we could potential he seek a self surrender arrangement at sentencing. But our attorney recommended against including this in any proposal. Our attorney suggested that any proposal for release out of custody may come across disingenuous but more importantly by including in our proposal that he remains in custody it will show the prosecutor and judge heís being remorseful.

We should know more in the coming weeks. I think the toughest part about this and I know itís self-inflicted but I think all of the waiting and delays and the time it takes through this process has probably been the toughest part for us. Nothing seems to go as scheduled and nothing happens on time.
The delays are the absolute worst. My husband was indicted in Oct. 2014 and after many delays, his plea finally occurred around October 2016. He had decided in Dec 2015 and after switching lawyers in January 2015 was ready and it should have been fast, but between the prosecutor, the judge, and his own attorney, there were numerous delays. His sentencing was then set for Feb 2017 and that wound up getting delayed until Sept 2017. Through all of this he could have served and been long home. Of course all thsi time we had been expecting a longer sentence. His first attorney told him 3 years, then later changed it to 3-4 when he decided to take a plea, so the delays were rough. Of course, had he been sitting in a prison during all of this, he would've been in prison much longer than he was sentenced and that would have been very upsetting, but I do agree in this case, he is better off sitting there and learning a valuable lesson and then hopefully there won't be prolonged cases.

If there's one thing I learned by visiting my husband and watching him through the prison process, it basically only takes about 90 days in the prison for anyone to really get the full experience. After that, it just becomes the same old thing day in and day out and is what you make of it. My husband made sure to be really busy and productive but after 90 days, while he did want to get the hell out of there, he didn't need more than that to feel the punishment. So many people don't need these long sentences to learn their lesson. I do believe there should be some punishment, but many cases it doesn't need to be 3 years. Of course every situation is worse.

Hopefully it'll all work out for you son and again, I can't tell you enough how having your support will mean a lot to him. So many people have no support of any loved ones.

Lastly, he is probably better off staying in county jail than getting transferred to the MCC. I'm not sure offhand if he was someone that I responded to about the MCC but he definitely doesn't want to end up there. Especially if his crime is a white collar one. That is the lowest of low and as I said to someone previously, we only live about half hour from the MCC and it was the last place my husband wanted to go. Instead he asked to be sent to Duluth, MN and was fortunately granted there. So even though I could've seen him on a more regular basis, I'm not so sure he would've survived the MCC. Be happy your son isn't there. It's the pits!
Reply With Quote
  #21  
Old 07-25-2019, 05:24 AM
chel62 chel62 is offline
Registered User
 

Join Date: Jul 2019
Location: Indiana USA
Posts: 21
Thanks: 0
Thanked 27 Times in 14 Posts
Default

A lot of people of told me he is better off in the county jail. It is closer for us but Chicago was only a 2+ hours away. The problem is he is in the jail protective custody SHU so he is literally locked in his cell 24 hours a day save for a few showers and uniform issue each week. This evening it will have been one week. We will be sending him at least two books each week, newspaper subscriptions so he can keep in touch with what is going on outside and also a lot of crossword puzzles and suduko.

But I am not sure how long he starts to get anxious or becomes used To his environment and daily routine. Our concern is some level of mental stress and damage due to being in solitary confinement settles in at some point in time.

I am finding out that the stress of all this is causing me to drink now every night as a way of escaping this new reality of hours. I don’t know if people become alcoholics over these type of situations. Very interested to know how people cope with having a loved one in prison
Reply With Quote
  #22  
Old 07-25-2019, 07:18 AM
rockchalk1 rockchalk1 is offline
Registered User
 

Join Date: Sep 2017
Location: Chicago
Posts: 1,394
Thanks: 22
Thanked 1,611 Times in 814 Posts
Default

Quote:
Originally Posted by chel62 View Post
A lot of people of told me he is better off in the county jail. It is closer for us but Chicago was only a 2+ hours away. The problem is he is in the jail protective custody SHU so he is literally locked in his cell 24 hours a day save for a few showers and uniform issue each week. This evening it will have been one week. We will be sending him at least two books each week, newspaper subscriptions so he can keep in touch with what is going on outside and also a lot of crossword puzzles and suduko.

But I am not sure how long he starts to get anxious or becomes used To his environment and daily routine. Our concern is some level of mental stress and damage due to being in solitary confinement settles in at some point in time.

I am finding out that the stress of all this is causing me to drink now every night as a way of escaping this new reality of hours. I donít know if people become alcoholics over these type of situations. Very interested to know how people cope with having a loved one in prison
I donít drink alcohol, so I canít answer as far as whether or not the stress causes people to become alcoholics but everyone responds to stress in different ways. You should immediately start seeing a therapist. You cannot let this destroy your life!! A therapist can help a lot and give you someone to talk to who wonít judge you or your son.
Reply With Quote
  #23  
Old 07-25-2019, 08:04 AM
ttexrbomb ttexrbomb is offline
Registered User
 

Join Date: Jun 2012
Location: Seattle
Posts: 176
Thanks: 4
Thanked 175 Times in 95 Posts
Default

What you want to be careful of is having the appearance you are paying restitution in hopes of lightening the sentence. Whereas making people whole is the right thing to do, paying restitution with hopes of diminishing a sentence can backfire if that is your motivation. One objection I can see is the prosecutor saying you set the trust fund up five years ago, then if he really had your support, why did he need to steal? Where was this family support when the crimes were taking place? And why did you pay the restitution now, and not sooner?

Iím sorry to say but I donít think paying it off now will lessen his sentence. The time to pay would have been some time ago. Now the only thing you can hope for is he will change his ways and become genuinely remorseful.
Reply With Quote
  #24  
Old 07-25-2019, 11:30 AM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 29,318
Thanks: 46,486
Thanked 22,467 Times in 12,940 Posts
Default

Another positive is that he should be free of the bop's "inmate financial responsibility program" a voluntary program that carries significant penalties for anyone who "fails to volunteer" and deducts money from the inmate account until paid in full. Be sure to also resolve any fines or "mandatory assessments" too ($100.00 for each convicted count is one) or they will also trigger the IFRP.
https://www.bop.gov/policy/progstat/5380_008.pdf

Be sure to obtain certified receipts for him to show the bop since they usually announce that they have no record of the payments made to the court
__________________
Reply With Quote
The Following User Says Thank You to fbopnomore For This Useful Post:
Itshardtowait (07-25-2019)
  #25  
Old 07-25-2019, 08:50 PM
worldwide worldwide is offline
Registered User
 

Join Date: Nov 2014
Location: Georgia USA
Posts: 106
Thanks: 16
Thanked 97 Times in 57 Posts
Default

Quote:
Originally Posted by ttexrbomb View Post
What you want to be careful of is having the appearance you are paying restitution in hopes of lightening the sentence. Whereas making people whole is the right thing to do, paying restitution with hopes of diminishing a sentence can backfire if that is your motivation. One objection I can see is the prosecutor saying you set the trust fund up five years ago, then if he really had your support, why did he need to steal? Where was this family support when the crimes were taking place? And why did you pay the restitution now, and not sooner?

Iím sorry to say but I donít think paying it off now will lessen his sentence. The time to pay would have been some time ago. Now the only thing you can hope for is he will change his ways and become genuinely remorseful.
Pretty much what I mentioned in an earlier post. It needs to be done in a way not to offend or come off poorly. It takes a good attorney to know how to handle this. It can still help and at the very least it will make his prison life and post incarceration easier. I truly believe it helped me tremendously
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
I want the full amount to go toward her restitution, how do I do that? samo66 California General Prison Talk 6 06-16-2015 09:42 PM
Negotiating restitution settlement Jsmith0810 Federal System News, Events and Legal Issues 1 03-04-2015 06:00 PM
Restitution To Be Paid In Full & Probation newbie2006 Federal Probation, Supervised Release, Halfway House and Community Supervision 17 03-13-2007 09:27 PM
Full Restitution hoffmanmailing Federal Prison Self Surrendering Information 6 11-29-2006 05:18 PM
Federal Restitution Settlement question slonik22 Federal General Prison Talk, Introductions & Chit Chat 3 12-21-2005 07:01 AM


All times are GMT -6. The time now is 02:28 AM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics