Stop Assuming—Start Preparing

If you’re facing a federal sentencing hearing, you’ve probably heard a lot of assumptions. Maybe you think your cooperation alone will keep you out of prison. Maybe you’ve been told restitution will be settled for pennies on the dollar. Or maybe you believe federal prison is going to be easier than it really is.

None of that is true.

The biggest mistake people make in a federal case is assuming things will just work out. They won’t. The system is built to maximize convictions and impose sentences. If you don’t take control of your narrative, someone else—your prosecutor, your probation officer, or a judge—will do it for you.

Here’s what you need to know to avoid common sentencing mistakes and position yourself for the best possible outcome.

Cooperation Won’t Save You—It’s Just One Piece of the Puzzle

A lawyer told a defendant in one of our recent webinars that because he was cooperating, he didn’t need mitigation. That’s false.

Former FBI agent Paul Bertrand, who spent decades working on white-collar cases, said that in all his years, only one case led to no prison time based solely on cooperation. That means the odds of getting a pass just for helping the government are practically zero.

Cooperation is not a replacement for showing personal growth, responsibility, and a clear plan for moving forward. Judges are skeptical. They assume most white-collar defendants cooperate only to avoid prison—not because they’ve genuinely changed. If all you have to show for yourself at sentencing is a cooperation deal, you’re making a massive mistake.

Your Pre-Sentence Report Is Your Reality—Shape It Wisely

Chris Maloney, former Chief of U.S. Probation, said it best: the more documentation a defendant provides, the better. That’s because the Pre-Sentence Report (PSR) is the main document judges use to determine sentencing. It also follows you through prison, halfway house placement, and supervised release.

If your PSR only tells the government’s version of events, that’s on you. You should be proactively shaping that report by submitting a personal narrative and supporting documentation that paints a full picture of who you are, what you’ve done to make amends, and what you plan to do moving forward.

Your lawyer may tell you, “The probation officer doesn’t need your narrative.” Wrong. The probation officer doesn’t ask for it, but if you submit it with the right message, they will include it in the final report. Judges read PSRs. If your story isn’t there, it doesn’t exist in the system that determines your fate.

Don’t Wake the Sleeping Giant: The Truth About Restitution

If you owe restitution, don’t assume the government will cut you a deal. A doctor who recently finished a federal prison sentence thought he could settle his multi-million-dollar restitution for a fraction of what he owed. He reached out to the Financial Litigation Unit (FLU) to negotiate. Instead of settling, they responded by demanding all of his liquid assets and increasing his monthly payment.

The government doesn’t forget about restitution. They don’t “let it slide.” They track your financial activity, they monitor your payments, and if you miss one, an automated system flags your case for review. If they see you posting vacation photos on social media while claiming you can’t afford payments, expect a knock on your door.

The best strategy is to pay consistently—no matter how small the amount. The worst thing you can do is bring attention to yourself by trying to game the system.

Your Health Is on You—The BOP Doesn’t Care

Federal prisons are not medical facilities. If you think you’ll get proper healthcare inside, you’re wrong.

Joseph De Gregorio, who served time in a federal medical facility, called it a “veterinarian clinic at best.” Sick prisoners are routinely ignored, and basic medical issues can spiral into life-threatening conditions because treatment is delayed or denied.

Take care of your health now. If you have medical needs, document everything before you surrender. Have a copy of your prescriptions. Get any necessary procedures done before you report. Assume that if something goes wrong inside, no one is coming to help you.

You Will Be Investigated Until Sentencing—Don’t Lie

Many defendants assume that once they plead guilty, the government stops watching. Wrong. The FBI, probation officers, and prosecutors are still gathering information on you up until the moment you’re sentenced.

One defendant learned this the hard way. His lawyer submitted a sentencing memorandum emphasizing his community service. The problem? He never actually did it. The prosecution investigated, found out he lied, and presented their findings to the judge. The result? His sentence increased from two years to three, and he got a stern warning that if he didn’t have children, he’d be in custody immediately.

Don’t fake it. If you claim to be doing community service, document it. If you say you’re working, get letters from your employer. Every claim you make should be backed up with evidence.

If You Want Out Early, Build Your Case Now

Most defendants think their sentence is final once the judge rules. It’s not. There are multiple ways to reduce your time, but only if you prepare.

Compassionate Release: If you can prove extraordinary rehabilitation, you can petition for early release.

Halfway House & Home Confinement: The Bureau of Prisons decides how much time you serve outside of prison. If you have a documented release plan and a history of productive behavior, you’re more likely to get maximum halfway house time.

First Step Act Credits: Many prisoners lose out on sentence reductions simply because they don’t document their progress. If you’re taking classes or working inside, track everything and submit it.

Tracy Hutsona, who went to prison with a 51-month sentence, followed this exact strategy. She showed up with a release plan, taught classes, and documented everything. As a result, she got an 11-month reduction, one year in halfway house, and additional time off through First Step Act credits. The work she put in before prison made all the difference.

What You Need to Do Right Now

If you take nothing else from this, remember: preparation determines outcome.

Write your narrative: It needs to be submitted before your Pre-Sentence Interview.

Document everything: Work history, community service, restitution payments—have proof.

Manage your health: Get prescriptions, finish treatments, and prepare for limited medical care inside.

Don’t assume cooperation is enough: Judges want to see real accountability and a release plan.

Don’t poke the bear: If you owe restitution, make payments. Don’t try to negotiate unless you’re ready for scrutiny.

Plan your exit: Every day in prison should be a step toward getting out early.

Your lawyer handles the legal strategy. You have to handle your life strategy.

If you want help preparing your narrative, creating a mitigation strategy, or building your release plan, reach out. The sooner you start, the better your outcome will be.

Justin Paperny