Preparing a Truthful Substance-Use History for the PSR
Direct answer: Prepare an accurate substance-use and treatment history with counsel, using available records and honest recollection. Do not exaggerate a history to seek a program benefit or assume that documenting it establishes RDAP eligibility.
Why a general answer may be incomplete
Joseph’s ABA feature identifies substance-use history as a subject that deserves careful preparation. A short answer may omit treatment, changes over time or significant events. The aim is completeness and accuracy. A description should reflect actual experience rather than what someone believes a prison program wants to hear.
Build a factual treatment chronology
Identify relevant periods, treatment providers and available records. Distinguish a diagnosis made by a professional from your own description of use. If records are missing, mark them missing; do not recreate clinical findings from memory. Counsel should determine how sensitive information is presented.
Keep history and eligibility separate
A PSR can contain relevant history, but it is not a promise of admission, a sentence reduction or a particular release date. The broader RDAP eligibility guide addresses the separate review involved. This resource is a preparation tool for an accurate record, not an eligibility calculation.
Preparation checklist
- What happened, during which period, and what is uncertain?
- Which provider or program has supporting records?
- What treatment was completed, interrupted or recommended?
- Which statements are clinical findings rather than personal descriptions?
Should I emphasize substance use to improve my chances of RDAP?
Present the truth accurately. Do not fabricate, exaggerate or tailor medical history to obtain a benefit; discuss genuine history and records with counsel.
Published analysis behind this resource
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.