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Federal Prison Self Surrendering Information Information about Federal Prisons and Self-Surrendering to the BOP.

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  #1  
Old 11-25-2017, 02:20 PM
uncchapelhill uncchapelhill is offline
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Default How to Get Self Surrender?

I will be sentenced on Monday for one count of aggravated identity theft and a couple of lesser related charges, all white collar. I am 27, but the crimes occurred when I was 23-24. I have been on the straight and narrow since, happily married, and have been fully cooperative with the police and the investigation. I’ve been out on a low unsecured bond, and the only stipulation was passport surrender.

Also, the AUSA in charge of my case doesn’t have any objection to my self surrendering.

How can I help convince the judge to allow me to self-surrender? What are some good things to say or bring up, and what should I avoid?

Thanks for your input!

Last edited by uncchapelhill; 11-25-2017 at 02:33 PM..
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Old 11-25-2017, 02:38 PM
Friend in Jail Friend in Jail is offline
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No answers for you, but best wishes for you and your family.
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Old 11-25-2017, 03:14 PM
Free At Last 5 Free At Last 5 is offline
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The only advice I have is to make sure your attorney is prepared to ask and argue for it. In my case, the judge asked whether I could/should get self surrender just before adjourning to decide sentence. My attorney argued for it based on low bond, pre-trial compliance, etc., and of course the prosecution argued against, but I did get it. It makes a big difference in terms of hassle, and the prison staff and your future PO look on it favorably too. Also, arguing for the lowest amount of supervised release time is critical too, in case the prosecutors ask for something outrageous. Both are the judge's call. Best of luck!!
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Old 11-25-2017, 05:27 PM
fbopnomore fbopnomore is online now
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It is often possible for your lawyer to get the AUSA (prosecutor) to not object to self surrender, which is usually very positive.

What Free says is true, the only person in the courtroom who didn't agree (or at least not object) to allowing me to self surrender was my judge, so I was remanded to custody. Many times your fate was sealed when your judge was assigned to your case.
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Old 11-25-2017, 06:52 PM
rockchalk1 rockchalk1 is offline
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Your lawyer should have enough knowledge of the judge assigned in your case to already know if there’s any reason as to why you wouldn’t be able to SS. If you aren’t deemed a flight risk and your category level is low, then it doesn’t appear any reason why you wouldn’t be any reason why you wouldn’t be able to SS especially if you’ve been out on your own recognizance all this time. You would probably have an idea if you were going to be remanded immediately but generally your attorney should be advising you on the process which is usually once sentenced the judge gives you about 12 eeeks to ss so you can get your affairs in order. In my husband’s case, the judge asked us if we had a specific sss date in mind, which we did, so if you do, be prepared for that as well as a preference of prisons you want to be at, which sounds like (unless you have a prior record) would most likely be a camp if your offense level is low. Do your research but again most importantly your attorney should know his/her stuff and if he/she hasn’t told you this already, then I would be more concerned about that than anything. Having a great attorney for sentencing can make a huge difference!
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Old 11-25-2017, 09:42 PM
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Talk about it with your attorney. Generally, you don't say anything in terms of motioning for self surrender. Your attorney does the talking for you your attorney will go over the factors that make self surrender more favorable, and you can supply proof to your attorney who will then get it in front of the judge.
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Old 11-26-2017, 11:47 AM
uncchapelhill uncchapelhill is offline
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Thanks for your input, everyone. I just found out that US Probation said in their report that they also have no problem with self-surrender, so I hope this increases my chances also.
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Old 11-26-2017, 11:56 AM
Free At Last 5 Free At Last 5 is offline
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Sounds very promising. fbopmoore's comment is worth reading again, because it drives home the point that the judge decides. In my case, we assumed I wouldn't get it because I had been on prerelease nearly a year. I came prepared to surrender, made my tearful goodbyes to my kids, and came totally prepared to go in. It was gut wrenching, but I'm glad I was prepared for all outcomes. Lastly, keep in mind that you're going through the hardest part of the journey right now. It gets better from here on!
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Old 11-26-2017, 10:30 PM
bellisq bellisq is offline
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"Also, the AUSA in charge of my case doesn’t have any objection to my self surrendering."

You are 99% there already.Unless the Judge is one of the rare breed with a no Self-Surrender policy, there should be no problem.
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