From the Desk of Justin Paperny
I’ve read personal narratives that could move anyone to tears. I’ve seen ten, fifteen character letters come in from respected community members, each one echoing the same message: “This person is not defined by their mistake.”
But when the sentencing hearing starts, and the judge looks at the defendant? None of it lands.
Why?
Because the attitude doesn’t match the story.
What the Court Actually Pays Attention To
This isn’t theory. I’ve been in the courtroom. I’ve sat next to people who said all the right things—and still went to prison. And I’ve seen others who weren’t the most articulate or polished, but who meant every word they said and left the courtroom with probation or a shorter sentence.
Here’s what makes the difference: attitude.
I’m not talking about the kind of attitude that gets you labeled difficult. I mean your posture toward this entire situation. How seriously you’ve taken it. How early you started preparing. Whether your remorse feels lived or just written down by a lawyer or coach.
One federal judge told me, “Most people walk in here with a good statement. I’m watching to see who lived it before they showed up.”
And he’s not alone.
How Attitude Shows Up (Even When You Think It Doesn’t)
You may think you’re playing it cool. Or that no one notices how late you started getting serious. But trust me—everyone involved in your case is watching.
Attitude shows up in:
- The way you speak to your lawyer
- How quickly you return calls or fill out forms
- Whether you volunteered information or had to be chased for it
- Whether you’ve done anything—anything at all—without being told
It even shows up in body language. Slumped shoulders. A shrug. A nervous laugh when asked why you waited until the last month to prepare. These moments add up.
Probation officers see it. Prosecutors catch it. And judges—who have heard every excuse under the sun—absolutely spot it.
The Cost of Waiting Until the Last Minute
When someone comes to me and says, “I’m ready to prepare,” my first question is always: “What changed?”
If the answer is, “Sentencing is next month,” I already know we’ve got a problem.
Because what that really means is, “I didn’t think I needed to care until now.”
And guess what? That same delay shows up in the sentencing memorandum. In your probation report. In the tone of the prosecutor’s argument. It confirms what they already suspect: that this isn’t about growth. It’s about damage control.
I worked with someone last year—we’ll call him D. He had a solid narrative and more than ten character letters. But he didn’t start preparing until three weeks before sentencing. He ignored early calls to own what happened. He downplayed things in his probation interview.
And when sentencing came, the judge saw right through it. She even said: “I believe this narrative was written for me, not for him.”
He got time. And he deserved it—not because of the crime, but because of how he responded to it.
The People Who Get it Right Start Early
We’ve had clients who didn’t wait for permission. They wrote their narrative without being told. They created a schedule. They read the indictment carefully, studied it, and wrote down what they should have done instead.
Some launched volunteer work, quietly and without fanfare. Others drafted letters to victims—not to send, necessarily, but to face what they did. They created plans for their post-sentencing life. Not a fantasy plan. A real one. Documented. Accountable.
And that initiative? That commitment? It’s rare. And judges notice when they see it.
What Your Attitude Says—Without You Saying a Word
You don’t need to write, “I take this seriously.” The court can see it in your actions.
They’ll know:
- If you’re acting from fear or maturity
- If you’re doing this for optics or for growth
- If you waited—or leaned in early
Deflecting. Blaming others. Minimizing. It all reads as, “I still don’t get it.”
Ownership, on the other hand, says: “I’ve done the work.”
Three Questions You Should Be Asking Yourself
Want to know if your attitude is on track? Ask:
- Did I take initiative—or did I wait to be told what to do?
- Am I still defending or explaining away what happened?
- Do I have a written, specific plan for after sentencing?
If you’re cringing as you read that, good. That discomfort is often the first honest moment people have in this process.
Final Thought
Judges aren’t impressed by perfect stories. They’re moved by consistency. Effort. Sincerity.
You can’t fake your way through federal court. You can’t slap together a few documents and expect to be believed.
Attitude can’t be ghostwritten.
It’s either part of your daily effort—or it’s not.
And if you want a judge to believe you’ve changed, it has to show up long before you stand in front of them.
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.
