Direct answer: Ask counsel and the evaluator which records they need, then provide accurate originals with a clear chronology. Do not select records only because they appear favorable or coach an evaluator toward a desired conclusion.
Let the evaluator define the assessment needs
Joseph and Richard Levitt’s Law360 analysis discusses individualized clinical assessment. Different questions require different expertise and materials. A generic checklist cannot determine which tests or diagnosis are appropriate. Begin with the professional’s request and counsel’s guidance.
Make the history understandable
Available treatment records, prior assessments and relevant background materials may need to be arranged by date. Identify missing periods and distinguish a family recollection from a contemporaneous record. An index can help the evaluator see what is available without implying that the collection is complete.
Avoid rehearsing a preferred result
An assessment is not a performance to secure a label. Answer accurately and identify uncertainty. If a document seems inconsistent with your recollection, raise the inconsistency rather than removing it. Qualified assessment is useful precisely because it can reach an independent conclusion, including one that differs from expectations.
Preparation checklist
- Requested record and requesting professional.
- Date range and original source.
- Status: obtained, requested or unavailable.
- Known gaps or discrepancies.
- Secure delivery method agreed with counsel.
Should I choose the tests I think will help my case?
Testing decisions belong with the qualified evaluator. Explain relevant concerns honestly rather than trying to engineer a preferred assessment result.
Published analysis behind this resource
- Law360: Keys to Effective Mental Health Mitigation in Sentencing (January 29, 2026)
This resource adapts preparation principles from Joseph’s published analysis. Publication does not imply publisher endorsement of Sentencing Advocacy Group.
Continue with the related SAG guide, explore the published work, or read Client Results & Experiences.
Discuss the next preparation step
Joseph De Gregorio has been retained in more than 500 federal cases. Contact Sentencing Advocacy Group to discuss preparation alongside defense counsel.