Tag Archives: community service

October 16, 2012 · 9:45 PM

The System- AKA- What goes on in criminal cases- A New bi monthly series

 

During my years handling my own criminal case and now working on cases all over the U.S., I am certain that people have NO idea how our criminal justice system really works. This includes Judges and Lawyers. Nobody understands all aspects and while some are experts in their fields, none grasp how all of the pieces fit together. In some ways this is easier for me because I am an OBSERVER and an INSIDER. That as we say is true CRED!

As flawed as our system is, it does work most of the time. But, one needs to know how to work it. For example, my clients always tell me that the US Attorney or DA has it “out for them.” This is rarely true and the sooner they realize that these people are simply doing their jobs, the better our result is going to be. Similarly, lawyers often push so hard that they leave a prosecutor no room to save face and negotiate. Remember who has the power? NEVER the lawyer. They just have the large fee. Then we have judges. Judges, like lawyers, have no post conviction experience or understanding. This is why we often see judges order things that are not possible. For example, I had a judge order that my client be allowed certain medication to be brought into a Federal Prison by her family. Anybody who knows how the BOP works would understand that they would never allow this. But, how are everyday citizens supposed to understand the SYSTEM without a consultant like me, and is that fair?

The answer is that of course it is not fair and there are few people who can tie it all together, understand ALL sides and thus help the defendant, their family, the courts and society. The problem is that there is only one me. My understanding of The System has recently led to one client being able to undergo treatment for Lupus while in custody while keeping his disease under control, a possible life sentence that was reduced to probation and a woman being allowed to go to Rikers Island where they have a nursery for women with babies that is quite remarkable. These are versions of Alternative Sentences and just simply showing options to a judge can help. Another aspect that judges and lawyers do not understand is community service. My readers know that I write much about the benefits of Community Service- and urge my clients to get involved court order or not. What judges fail to see is that service empowers defendants and should ALWAYS be a part of a criminal sentence. Not the whole sentence, but a part.

The System is certainly a balancing act and a careful respect of various power and egos. That is one way to work it, and the other is to learn everything and develop a true passion for those who can change. The greatest thing about my job is that I get to help change lives. That does not mean that my clients have not done things that are wrong. It simply means that I choose to work with people who I know have learned their lesson and will go on to lead happy, productive and quality lives. This is what our system is supposed to be- part punitive and part rehabilitating. No, some people do not deserve this chance, but most do and the facts back this up. Remember that more than 95% of people incarcerated are coming home and most in less than 5 years. With this in mind I suggest we ALL learn a little more about our system. Knowledge is power and there is nothing better. Take time to learn a little everyday and in this election year and time of change urge your representatives to change also.

 

 

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 The Today Show, The CBS Early Show, E! News, People.com, Fox News, NBC News, CNN, NPR and Nancy Grace. She is a weekly featured guest on the syndicated America Now radio program. She may be reached at wendy@wendyfeldman.com

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September 8, 2012 · 10:37 PM

Once again the winner is Community Service…

Recently I have several clients who have not done well on pre trial or after their cases have been resolved. There is ONE reason for this- these people lack passion. Low self esteem and fear plague everybody who is dealing with a crisis such as lack of freedom or newly restored freedom.

In every case I have urged Community Service to both empower my client, and to learn about new people and develop a passion. Yet, in every current case I have, the courts have FAILED to order Community service. Despite my best efforts the clients do not finish or participate at all.

The other aspect of Community Service that works so well is the Accountability it provides. Most people flourish under such accountability. People who are under great stress do well with structure. So, why do judges fail to understand this? Simple, our system is not only broken but also way out of date. It’s no wonder that recidivism is so high. We give people re-entering society very few tools, and without these tools success is much harder. I often say that Prison is easy, re-entry is the tough part. I firmly believe this. I can get anybody and their family prepared for a prison term, it is what happens after that matters. In fact, the moment that I prepare a person for prison I am also preparing them and their family for re-entry.

So, what can we do? Simply keep pushing forward, raising awareness to our system and what works and what doesn’t. The more we shine a light on how to succeed, the more we will get others to believe and succeed as well. For now- JUDGES- ORDER COMMUNITY SERVICE IN ADDITION TO THE ORIGINAL SENTENCE YOU WERE CONSIDERING.

 

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 The Today Show, The CBS Early Show, Fox News, NBC News, CNN, NPR and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@wendyfeldman.com

Follow @thewendyfeldman

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August 10, 2012 · 12:04 PM

PASSION- THE KEY TO EMPOWERMENT AND CHANGE…

 

In this era of rising incarceration rates and the “business of prisons” it is important to understand who can change, who cannot and what works. First of all we must understand that our criminal justice, even with all of it’s flaws, is the best in the world. The United States does have a system of innocent until PROVEN guilty. But, in order to affect a system that really works we must decide if we are to be strictly punitive or also rehabilitative. This is where a real understanding of True Crime is needed. As a prison consultant, legal coach and insider I have seen it all. That means I also know what works and HOW to bring about change.

The first step…

 

As in rehab for addicts, re-entry is the hardest and most misunderstood part of our criminal justice system. To change anything means to admit that one must indeed need to make changes. Seems like an easy concept yet it is the one thing that keeps people from living their dreams and making the changes.

This is where the need to understand true crime is key. It is why judges need to understand that jail is not the answer and neither is an AA meeting. A better solution in some cases is a combination or Alternative Sentence. That can mean many things but should always include Community Service.

The second step…

To truly bring about change in an individual they need to ADMIT they need to change something about their life. This is where the hard work begins. This admission and taking of responsibility is key to everyone making positive changes, but especially those in our criminal justice system. This is where passion and empowerment become integral. You see that most people after an incarceration have very low self-esteem and many feel they will never recover. But one can find their passion and hence rebuild their self-esteem. It takes work and some risks but it can be done. This is something I have done and work with my clients on everyday.

 

The last step…

Once we understand and agree that we need to empower each other and ourselves, we then need to find a way to do that. One way in the criminal justice system is through Community Service. As I have written many times before, Community Service should be a part of everybody’s life. But in crime cases is a MUST. This because it will empower the perpetrator and allow a healing to begin that will carryover to all aspects of his life and the life of his family and friends.

The bottom line is find your passion and you will find your peace.

 

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 The Today Show, The CBS Early Show, Fox News, NBC News, CNN, NPR 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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July 15, 2012 · 9:28 PM

Celebrities- DUI and death- what we CAN DO…

It seems that a day doesn’t go by without a celebrity arrest or even worse a death from drugs and alcohol. So, why are celebrities arrested at a higher rate for DUI than the rest of us? Simple- grandiosity and entitlement. These are two criminal thinking errors and usually a daily part of a celebrity’s life. There is also the problem of a lack of reality and the “yes” people who often surround the celebs. Think CONRAD MURAY.

Another question is why do these celebs that have money actually take the risk and drive themselves? Again simple, they feel they are invincible at best and on drug runs at worse. Further, even the rehab programs that many of these celebs go to are so star struck that they do not treat the patient correctly. This is sad but very true. One has to ask what the true motives are when “treating” a celebrity of high profile person. I work with many in my consulting practice and sad to say but lawyers, PR people and agents all have different motives and agendas.

Often judges do not understand how to handle these cases either. Judges may feel that jail is a deterrent for drug addiction and that court mandated AA is enough. This is laughable. Anybody who has ever been an addict or known one understands that once can’t reason with somebody in the midst of their addiction and jail is certainly NOT the answer nor a deterrent. I encourage judges to hand down serious therapy, formal probation AND Community service. As anybody who reads my work knows, I believe community service helps people find their passion, gives them self worth all while serving society.

This week already we have seen yet another Amanda Bynes issues even while her criminal cases are pending, the arrest of Olympian Shaun White, the arrest of Michael Turner and Sally Struthers.  And we wonder why our Incarceration Nation is broken?

We must get serious and know when treatment is needed and how best to make it work. That means empowering the person, not shaming them while making them accountable for their actions. There are consequences and that is something that everybody has, even Hollywood celebs.

To begin to change our system and save lives we must first understand why it is broken and break down what is really going on. I for one am sick and tired of lawyers who only think about “getting their client off” and not how to live the rest of their lives. Clients are not notches on a belt but people who need long term help.

Remember, change is possible but it takes work AND understanding. Let’s start now and educate rather than judge.

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 · 4:19 PM

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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