Let me tell you about a recent moment that stuck with me—because it cuts to the heart of why so many people facing federal sentencing fail to influence the outcome, even when they say all the right things.

I was in Dallas, passing through on my way to Florida, at a professional event. I saw a federal judge I knew in attendance. I approached her—not to pitch, not to sell, but to learn. I asked, “Would you ever be willing to do a YouTube interview with me?”

She smiled. “When I’m retired, sure.”

Fair enough.

But I wasn’t going to miss the chance to learn something valuable for our community, so I asked, “While I have you—can you give me just one red flag you look for at sentencing? Something defendants should avoid?”

Her answer was fast, blunt, and more important than anything you’ll hear from a typical defense attorney.

The Problem with “Perfect” Sentencing Statements

This judge told me, “I may only see a defendant once or twice. Sometimes, just once. That means if they give an articulate sentencing statement, I have no way of knowing if it’s sincere or just words on a page.”

Let that sink in.

You can spend hours crafting the perfect statement. You can stand there in court, suited up, reading the most remorseful, polished, articulate apology you can write—and it might not move the needle at all.

Why?

Because the judge doesn’t trust it.

It doesn’t matter if you mean it. What matters is that there’s no evidence to prove that what you’re saying matches who you are and what you’ve done since your arrest.

Judges Are Trained to Be Skeptical—So Give Them a Reason Not to Be

This is something people don’t understand until it’s too late: you are not presumed credible just because you’re standing in court saying the right things. You’re presumed self-interested. You’re presumed to be trying to reduce your sentence.

And judges? They’ve heard it all. They’ve seen the tears. They’ve heard the same script a thousand times: “I’ve learned from my mistakes,” “I take full responsibility,” “I’ve let down my family.”

Unless you’ve put in real work and created a record of change, your words are just performance.

That’s not me being harsh. That’s a federal judge telling you the truth.

What This Means for You—Right Now

If you’re reading this and your sentencing is months away, or even just weeks away, this should light a fire under you.

You have a window—right now—to start building that evidence of sincerity. I’m not talking about staged community service or empty letters of support. I’m talking about a body of work that tells the court:

• This person didn’t just show up at sentencing with a speech.
  
• They’ve been working every day to make amends.
  
• They’ve documented their progress.
  
• They’ve reflected—not just in private, but in writing.
  
• They’ve reached out to victims, if appropriate.
  
• They’ve shared their story to help others avoid their mistakes.
  

This is what we mean by creating “assets.”

What Are Assets—and Why Do They Matter?

Let me define it clearly: an asset is any documented effort you’ve made to show the court who you really are.

Here are some examples:

• A personal narrative that breaks down your background, your thinking, and the moment things went wrong—written in your own voice.
  
• A sentencing video where you speak directly to the judge—unscripted, raw, human.
  
• Documentation of your efforts to repay restitution or make amends.
  
• Character letters that aren’t generic fluff, but that show the real consequences your actions had on others—and what you’ve done about it.
  

These assets give the judge something to believe in. They provide contrast to the typical “I’m sorry” speech. They turn you from a case number into a human being.

Chris Maloney Said It Best—“The Burden Is on the Defendant”

Chris Maloney, former Chief U.S. Probation Officer, put it plainly in one of our videos: “The evidence must come from the defendant.”

That means your lawyer can’t do it for you. Your spouse can’t do it for you. Your mom writing a sweet letter about how you’re a good kid won’t be enough.

You have to do the work. You have to show that you’ve changed.

Because when you step into that courtroom, and the judge has no relationship with you beyond a PDF file and a sentencing memo, you’ll wish you had taken the time to build that trust.

Most defendants don’t.

And that’s why most defendants get crushed at sentencing.

Don’t Wait Until It’s Too Late

I’ve seen it too many times. Someone calls us a week before sentencing, desperate to “add a video” or “write something for the judge.” And they’re shocked when I tell them: that’s not how this works.

You don’t get trust in a week. You don’t build credibility overnight.

You build it over time—with consistent, documented action.

This judge in Dallas reminded me again: judges aren’t just listening to what you say. They’re watching to see what you’ve done.

If you’ve done nothing? They assume you’re just trying to get less time.

But if you’ve built a record—if you’ve taken initiative—you give them a reason to think differently.

That’s how you influence sentencing.

Justin Paperny

P. S. If this resonates, join our team this Monday at 1 p.m. Pacific, 4 p.m. Eastern. We host a free webinar to answer questions, share lessons from real cases, and help you avoid the most costly mistakes people make during a government investigation. Bring questions. Come ready to learn.