A Judge Can Request The BOP To Do Lots Of Things – But They Don’t Have To
If you’re facing sentencing on federal charges and your lawyer is telling you that he’ll simply ask the judge to recommend RDAP and you’ll get the year off, think again.
Lawyers rarely know how it works after sentencing. Their job always ends at that point, and they don’t get paid to keep up with old clients. They should know these things to act as competent counsel, but they just don’t.
The judge’s recommendation for RDAP placement is just a recommendation. It’s not binding to anyone or anything.
The BOP can do whatever they want. It’s sad, but true.
The reality is, you need it documented in your pre-sentence investigation that you used illegal substances, especially to an addictive degree, during the year prior to getting caught for your crimes. This is what the drug treatment specialists and/or prison psychologist will be looking for in your screening interview.
If this wasn’t accomplished beforehand, you can request to have your PSR amended to include this information – but there is a time limit to do this.
If you’re facing prison soon, or dealing with a shady lawyer during pretrial proceedings, Larry J. Levine’s book “Lies My Lawyer Told Me,” is a must-have this holiday season.