May 29, 2012

Why teen mom Amber Portwood needs a team…

Teen mom star Amber Portwood is making headlines for telling an Indiana judge that she would rather do jail time than more rehab. Does this make sense? Yes and no. First of all many media reports are that Portwood will serve out the remainder of a 5 year jail sentence in actual custody per her request. This is only partially true. On Thursday Portwood was being held in an Indiana jail on a contempt of court charge stemming from her testing positive while in a drug diversion program. Portwood told the judge “she was a bad girl” and couldn’t comply with the original court order and drug treatment. In February Teen Mom was sentenced to five years in an Indiana prison on drug charges, but the judge in the case said that all charges would be dropped if Portwood completed a drug diversion program.

Breaking it down it is obvious that Portwood needs a quality TEAM. If she were my client I would insist she saw a quality psychiatrist and an addiction specialist while completing her court mandated rehab. Yet Portwood seems convinced that serving 5 years in jail is the only way to get and stay sober, and the only way to stay out of legal trouble. Is this rational? Of course not and yet why would we expect a person in severe crisis like Amber Portwood to be able to make good choices?

The fact of the matter is that I work with people like Portwood every day. People who find themselves in legal trouble are also often dealing with addiction and mental health issues. I take into account the entire picture when helping clients and their families handle an arrest and potential jail time. The truth is that nobody is better off in jail than in a quality treatment program and it is likely that Portwood will still be able to make a pitch to the court for an alternative sentence. This, even after Portwood has failed drug tests and lied to her caseworker in order to get out of “required” meetings and testing. But of course!

Portwood’s brother Shawn told E! News that the system has failed her. The truth is that the system is not responsible for the choices of Amber Portwood- She is and yet is unable to make good choices due to her condition. What now needs to happen is a version of in-patient treatment that includes drug rehabilitation, therapy and community service. A true ALTERNATIVE SENTENCE. Why all three? I believe that everybody in crisis benefits from community service, as if the type of service fits the need, it will empower the person in trouble while also helping society. That is the key- EMPOWERMENT.

For now all we can do is hope that there is time for a quality and long-term outcome for Amber Portwood and her child. Remember that families are the forgotten consequences of crime. Change is possible Amber- never give up.

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today, CBS Early Show, Fox News and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@custodialcoaching.com. 

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May 24, 2012

Forgiveness and how it should work…

As a criminal justice expert and consultant, one of the questions clients always ask me is about forgiveness. Often they are told to try and make amends or simply ask for forgiveness from those in their life and those they have harmed. Yet, this is rarely such a simple task and if taken lightly can cause even greater harm.

First of all I think that Forgiveness is a wonderful thing, and I have both forgiven others and been forgiven myself. But, I said forgiven not forgotten. None of us should ever forget what poor choices we make and the consequences of those choices. Too often people re-enter society from rehab or prison and feel entitled to forgiveness. There is no such thing. Forgives takes work on all sides. Simply apologizing, or as 12 step groups call it “making amends” is not enough. You must mean it and earn it.

In criminal justice circles there is a concept called Restorative Justice that emphasizes repairing the harm caused by crime when victims, offenders and community members meet to decide how to do that, the results can be transformational. This is much more than saying I am sorry or asking for forgiveness. It is also a way of owning one’s own actions.

Think about it- in all aspects of life we need closure and simply asking for forgiveness may be one sided. This is why forms of restorative justice work. But a key question I ask my clients when they complain about not being forgiven is simply- “DO YOU FORGIVE YOURSELF?” Ask somebody this and often the response will be “I never thought about that.” It is my experience that one should not ask for forgiveness without doing the work and starting with themselves. Once you forgive yourself the rest will fall into place.

In a world that has gone a little crazy and in times of stress, forgiveness goes a long way towards the healing that usually needs to take place. Currently, many courts and even prisons around the United States are looking into this concept to bridge worlds that have been affected by crime. Those re-entering society should always look inward first and once done- they will have a more successful time.

I know that change is possible with hard work. So now let’s all look at somebody in our life and start the process of forgiveness.

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today, CBS Early Show, Fox News and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@custodialcoaching.com. 

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May 20, 2012

The BRAVE Sentence in The Rutgers Case

Today New Jersey judge Glen Berman  sentenced  Dharun Ravi in what is now known as the “webcam” case. This case raises so many issues about our criminal justice system and allows us to peak inside what’s really going on here. The sentence surprised many and was a true alternative sentence with 30 days in jail, 300 hours of community service, a fine and formal probation.

Dharun Ravi was convicted March 16 of Second-degree bias and invading the privacy of his former roommate Tyler Clementi. Ravi was not charged with the death of his former roommate. But this is considered a hate crime in New Jersey and carried a possible prison term of 10 years. Ravi may also face deportation to his native India. Tyler Clementi committed suicide after Ravi used a webcam to show him kissing another man. The case has been used as a platform by the LGBT community as a message of the consequences that discrimination and bullying can cause.

But, many in criminal justice circles did not think that 10 years in prison was a fair term and that this is a case of UNEQUAL JUSTICE. The truth is that if looked at correctly this case can teach us many things about how our justice system works. What many don’t understand is that Judge Berman had a lot of discretion, as do judges in all cases that don’t have mandatory minimum sentences. In this case the range is probation to 10 years!

So, how did judge Berman decide and what factors do judges consider when they sentence those before them? To answer this we must understand part of what actually goes on before a person is sentenced. The government will always file a sentencing memo based on facts and guidelines. It is also based on a probation department report. Here is one place most lawyers and defendants miss their opportunity. A defendant has the right to file their own sentencing memo that not only includes a legal argument but also any mitigation and alternative sentencing proposals. YES- an alternative sentencing proposal. I call this a ROAD MAP for the judge and many times a judge will use this as part of their decision making process. We must remember that judges are busy and if a plan is spelled out it will have more impact. That said, the plan must be reasonable and viable. Why do many attorneys give this such little weight or write memos that are actually harmful?- A true lack of understanding why and how post conviction works.

This in a case where Ravi and his team rejected two plea deals that would have allowed him to serve no jail time!

Here’s where this case has gone wrong and where we can all learn something. While Ravi has spent much time in the media, he failed to score with what is essential for every client I work with- HE DID NOT EFFECTIVELY ACCEPT RESPONSIBILITY and therefore doesn’t show remorse. Rather his lawyer argued, “He’s going to be punished for the rest of his life,“It’s already beginning.” POOR RAVI! This is the wrong message, especially when somebody has died.

I try to get all of my clients to accept responsibility. That does not mean they actually did what they are convicted of, or as in this case, mean that they think jail is the option. Accepting responsibility means owning that one’s own actions and choices have landed them in this spot. In this case Ravi has apologized and may actually feel remorse but the aggressive and tactless approach of his legal team left him vulnerable to 10 years in State Prison.

Was prison the right option here? No and the court and judge came up with a viable alternative sentence rather than the easy way out of straight prison time. If Ravi were my client I would have asked him to begin meaningful community service and encouraged therapy for him and his family. After all, family is the forgotten consequence of crime.

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today, CBS Early Show, Fox News and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@custodialcoaching.com. 

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May 12, 2012

What’s prison like on Mother’s Day???

Prison on mother’s day- the busiest place on earth. Certainly not the happiest, but the busiest. Mother’s day is the number one day for visitors in a women’s prison. You see it all. From kids who have not seen their mom’s in a year or more, to every baby daddy on earth trying to do the right thing even if just for a moment.

Mother’s day is also the hardest day if you are in prison and a mom. For many it is the only day of the year they allow themselves to be sad or even remorseful. People in prison all use different coping strategies to deal with the loss, anger and isolation of  their choices. When I was in a Federal Prison camp for mother’s day, it seemed like the only day when everyone got along with each other, or at least tried. In fact, I saw more compassion and empathy in prison on mother’s day than I do on the outside sometimes. It is the ultimate reality check when you find yourself in prison on mother’s day.

I was lucky enough to have my family and my children visit me often. But, for those who don’t, here are some resources. Prisoners with Children is a wonderful organization and has programs to help families. The Girl Scouts also has a program to help children visit their parents as does Get On The Bus. As hard as it may seem to understand, it is only through programs like these that we can stop the cycle and begin the healing.

As I say often, families are the forgotten consequences of crime. We can’t ignore that the best way for a successful re-entry back to society  is through the quality of family relationships. The trend is for prisons to encourage visits and family contact. I not only agree but do whatever I can to raise awareness to this issue. The stigma of an incarcerated parent is a heavy one, yet with the proper tools and understanding, this burden can be dealt with.

Support these and other programs and always remember that change is possible with hard work.

To everyone, Happy Mother’s Day and may you find peace and freedom in the future.

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today, CBS Early Show, Fox News and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@custodialcoaching.com. 

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May 7, 2012

Casey Anthony + Probation= EPIC FAIL

Here we go again. Another month, another probation report and meeting between Ms. Casey Anthony and her Florida probation officer. Remember, Anthony is on formal probation. That means she has requirements ranging from therapy to financial matters. Casey also has to prove that she has a job or goes to school.

Thus far it has been apparent to me that Anthony has been working the system. Yes, this started when she was first let out on bond and continued while she was in county jail. Then she worked her magic during her trial. Somehow this case became so confused that the Florida Department of Corrections sent Anthony a letter while she was in jail that she had completed her one-year of probation. As I said on numerous media outlets, that would be impossible, and of course when challenged, Anthony was ordered to serve her formal probation in FLORIDA.

What makes Casey Anthony so special? The media attention and the fear that brings the system when there have been grave mistakes made. Yes, I am sure that the Florida Department of Corrections, her probation officer and the criminal court system wishes she would just fade away. How naïve! In fact, Anthony and the attention she brings will only build as we begin summer, and as luck would have it will climax just in time for the upcoming fall television season.

I have written and said numerous times that I thought Anthony had already violated her probation. I stand by this comment. After all, she claims to have no money, no job and no resources, yet she is making video blogs on a NEW computer and of course selling them. Who does she think she is? Is it any wonder that she is delusional and grandiose? Of course not. Did you ever think just who has been paying her bills?

Here are my thoughts- Some based on rumor, some based on non published yet factual information:

Casey Anthony has had a series of benefactors ranging from crazy fame whores to people who think she is innocent.

Anthony has been selling her information to various outlets like Radar Online. There is NO such thing as “leaked” information in this case. Everything has been potted and planned.

Anthony has received cash payments from other media outlets and “friends” of hers have also filtered some of this money to her. In the real world this is called money laundering.

Anthony does not have a job and still provides her probation officer no source of income. After all of these months a regular person on probation would be called to task. In this case we even have Anthony flaunting her success in front of the world and still no action by the judicial system.

The Federal Government is looking into this matter because Anthony has I.R.S. tax liens that she is making no payments on.

SO, what to conclude and what’s next????? I still maintain that at some point Anthony will be called on all of this illegal behavior. The problem may well be that the probation department has made errors just like the Department of Corrections did and like the court itself did. They are embarrassed.

As anybody who follows my work and me knows, I am a believer in EQUAL JUSTICE. Nothing about the probation of Casey Anthony has been equal or fair. This I know having been on probation myself. I urge everybody to demand more while keeping our eyes on the bigger picture of child abuse and use this case as THE example to make positive change. Do not let the initial success of Casey Anthony take the focus off the fact that a child is dead and 5 children die EVERYDAY in the U.S. from abuse or neglect. We must stop child abuse.

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today, CBS Early Show, Fox News and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@custodialcoaching.com. 

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April 25, 2012

Is Casey Anthony jealous of George Zimmerman???

As my readers know I have written much about Casey Anthony and her family. I have been very careful to note that the jury has spoken and while that verdict must be respected, there will no doubt be much more to this story. That said, I have been very outspoken about the crossing of the probation line that Anthony has blurred with her video blogs and that in my opinion those “diaries’ have put her in legal jeopardy. This because she like everybody on probation has financial requirements. In her case she also owes money to the State of Florida and to the I.R.S.

One must be very careful while on probation to follow all rules and requirements. I was the ONLY media commentator who insisted that Anthony would in fact have to serve probation, and that she did not serve probation in jail. After all the term probation means “testing period.” Casey Anthony, her family and her legal team all capitalized on the death of Caylee. George and Cindy Anthony never acted like grandparents who were operating without an agenda. I have taken much criticism about this and while I sympathize with them as people, they did have many questionable actions. Not the least of these is the foundation that now finds itself in financial peril. While John Walsh and Mark Klaas turned the murders of their children into crusades to help other victims, the Anthony family has yet to do this and they have had ample opportunity.

Now today comes word that Jose Baez has released a statement to the media that he no longer is representing Casey! Poor Jose. This is the problem with the case, the media and the loss of the bigger picture- THE DEATH OF AN INNOCENT CHILD.

But, word on the street, and yes there is a such a thing in cases like this, is that Casey is desperate to get her story out- no doubt this is a story of fiction based that is best played out in Fantasyland and Disney World. Why all of a sudden is Casey unable to sit still and hold tight until the end of her probation? George Zimmerman and all of the attention his case is getting right in her own neighborhood. The fact of the matter is that Anthony will wait until her probation is over yet she will continue to release- aka- SELL her video blogs- Then, as would figure, she will sell her story to cable or network television and that will be the bonanza that all are looking for. Plus it will correspond with the new fall TV season. #winning.

I will keep a close and skeptical eye on this as it develops and urge everybody to not support Casey or her family. Yet, we must look at the bigger picture and channel this energy into preventing child abuse. Get involved, take action and make a difference. There are organizations like Childhelp.org that care. As for Casey, there is no doubt that she has not changed nor will she. It is all about her. How sad, twisted and sick.

Yes, I believe that change is possible for most people. But, for some it is not in the cards. Change takes work, humility and honesty. Some people are just plain evil. Families are truly the forgotten consequences of crime and in this case so is the victim.

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Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today, CBS Early Show, Fox News and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@custodialcoaching.com. 


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April 22, 2012

Hello LOHAN-What does it take to re-enter society???

I am often asked what it takes to come back to society after prison and if it is possible. The answer is that it happens everyday and it is very tough. Prison is easy- Re-entry is hard. But, possible and wonderful if looked at as a task. Freedom should never be taken for granted.

There are three very famous, very different high profile cases going through re-entry right now. Casey Anthony, Amanda Knox and Lindsay Lohan. All served jail time and all have been released back to society with a new level of infamy. Anthony is the only one who has some probation to finish and who will have other conditions with her for a long time. But, the process of re-entry after any formal probation or incarceration is a difficult one.

People do well in prison and on probation because of the accountability. Once that accountability is lifted it is up to an individual to remember what they learned and how to translate that into free life. There are two components that make up a successful re-entry: FAMILY RELATIONSHIPS/COMMUNITY TIES and accountability. This is why visiting people inside prison and keeping in touch is so important. The fact is that over 95% of all people incarcerated in the U.S. will be released and most in less than less than 5 years. This means that we must do a better job to empower people and help them learn from their mistakes and pasts.

There are resources for those coming back to society but they are few and far between. Imagine you were coming back to a free society with little money, no job and a family to support? It is no wonder why so many people wind up in trouble again. This is compounded for high profile people who have definite targets on her back. Life will be difficult and everyday things can get in the way and even trip you up. My advice-be cautious and stick to some sort of routine that works with it’s own accountability. That could mean continued therapy, substance abuse programs and even something as simple as exercise and support groups.

I often coach people who are re-entering society and this are much more difficult than preparing people for prison. I often ask them to pretend that they are still on probation or in prison so that they have rules to FOLLOW. Freedom when you have lost it is even more enticing and of course sweeter. But, it is a task to learn how to experience it and appreciate it properly. As I say, change is possible but it always takes hard work.

 

Wendy Feldman is a criminal justice expert and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today, CBS Early Show to Fox News and Nancy Grace. She may be reached at wendy@custodialcoaching.com. 


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