Unlike state or local prosecutions, federal prosecutions only 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 resources will usually dictate that the various United States Attorneys will (should) target only those major violations/violators that have a significant impact on the well-being of 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"
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.
Prison consultants can assist in the preparation for the requisite U.S. Probation Office's Presentence Investigation ("PSI") interview. The eventual "Bible" that will be used by the sentencing judge as well as the BOP. Professional and well-equipped prison consultants can address possible sentencing reductions through the BOP Residential Drug and Alcohol Program ("RDAP") or the 2nd Chance Act of 2007. They can also prepare the client for incarceration, help with designation, 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 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, professionally 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 very 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. See what professional affiliations they have and you can check 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.
