Hiring Federal Prison Consultants

Unlike state or local prosecutions, federal prosecutions will more commonly address violations of federal statute. More often than not, these are usually violations of Title 18 and Title 21 of the United States Code. Furthermore, limited federal resources will usually dictate that the various United States Attorneys will (should) target only those major violations/violators that have a significant impact on society as a whole. Obviously, that is not always the case, but that is another topic for another time.

Due to the very nature of the federal offenses prosecuted, federal defendants usually have the funds to retain counsel. Whether it be a white-collar, fraud, tax issues, narcotics, or a host of other federal violations, federal defendants usually retain counsel at an ever-increasing average fee of $450-$850 per hour.

Ironically, even though some of these "high-dollar" attorneys are nationally renowned for how they perform in a courtroom, most are woefully ignorant about post-conviction issues, sentencing mitigation, the federal Bureau of Prisons ("BOP"), and/or those issues that will now have the most significance for that newly convicted client who will be reporting to a BOP facility in the not-too-distant future. Hence, the currently expanding market for Federal Prison Consultants.

Without question, one of the biggest mistakes made by potential federal inmates (and their attorneys) is that they usually contact a qualified prison consultant after-the-fact. In that the federal government has more than a 93% conviction (or plea) rate and 96% of convicted federal defendants will serve some portion of time incarcerated in the BOP system, it would be prudent to have a qualified prison consultant on-board at the earliest possible juncture in the judicial process. Interestingly, even though the 2005 “Booker” decision made the Federal Sentencing Guidelines “advisory,” in lieu of mandatory, the truth of the matter is that the Booker decision has done precious little to alter federal sentencing trends. Succinctly, if you are convicted of a crime in the federal system, there is a better than 95% chance that you will serve some period of time in BOP custody - intimidating, but true.

In addition to the obvious sentence mitigation/reduction strategies, professional federal prison consultants can assist in properly preparing the client for the requisite U.S. Probation Office's Presentence Investigation ("PSI") interview. Make no mistake, the completed PSI is the  eventual "Bible" that will be used by the sentencing judge as well as the BOP. Professional and well-equipped prison consultants will also encourage certain recommendations on the Judgment & Commitment Order to facilitate possible sentencing reductions through the BOP Residential Drug and Alcohol Program ("RDAP") or the 2nd Chance Act of 2007, as well as the recommendations for certain facility designations for the client. Lastly, well qualified prison consultants will properly prepare the client for incarceration as well as help with certain designations, bunk assignments, work details, etc.

Full-service federal prison consultants should also have the expertise and capability of representing your interests after incarceration. They should be totally familiar with the many policies and procedures of the BOP, landmark court cases involving a federal inmate's rights, and the preparation and submission of requisite forms that adhere to the BOP Administrative Remedy Process mandated by federal statute.

To that end, professional federal prison consultants will usually offer various professional resources. Ideally, they will offer physiological /psychological medical experts and their related reports, profesionally trained intake/social experts, and investigative services to prepare the most complete and comprehensive package being proffered to the court or to BOP senior management. Lastly, they will usually have a judicially recognized BOP expert available for frequent consultation and some of the better firms actually have former BOP inmates on contract to offer a personal, as well as practical, in-sight for the client. Succinctly, professional prison consultancy is a "team" effort and you should be circumspect of the one-man operations that profess they are going to help you "survive" the BOP system. You can be assured that it is a "scare tactic" sales pitch preying on the apprehensions (fear) of a newly convicted, and usually inexperienced, federal defendant.

Lastly, before you retain a Federal Prison Consultant, see what services they offer, who do they have on staff, what reports will be submitted on your behalf. You should confirm what professional affiliations they claim, and/or if they are a recognized Better Business Bureau ("BBB") Accredited Business. Most importantly, talk with them, ask questions, ask yourself if they are someone you would want representing you in front of a sentencing judge or the BOP senior management staff in Washington, D.C.