Sentencing Advocacy & Mitigation

prisoner in jail cell

 

Since 1977, the National Center on Institutions and Alternatives (NCIA) has provided criminal justice services to defense attorneys, defendants, inmates, and court systems throughout the country. We have worked with more than 20,000 clients in all 50 states and in five foreign countries. When assisting defense attorneys or defendants facing sentencing, NCIA provides assistance in understanding the applicable sentencing statutes or guidelines and design individualized sentencing reports or memoranda, which include specific sentencing proposals. When permitted by the applicable State or Federal law, our sentencing proposals frequently include the use of creative community service that draws on the offender’s strengths and background, substance abuse counseling, work-release, home confinement, and community confinement.

In addition to sentencing advocacy, we also provide parole release advocacy, institutional designation and transfer, and release planning. When assisting court systems, NCIA has developed and implemented sentencing advocacy programs in 15 states and trained thousands of public defenders, probation officers, and other sentencing advocates.

NCIA Criminal Justice Services staff are often sought out for their expertise.  The services we offer include:

  • Federal Sentencing Consultation
  • Federal Sentencing Statistical Analysis
  • Development of Alternative Sentencing Plans
  • Development of Sentencing Videos
  • Incarceration Management and Federal Prison Consultation
  • Residential Drug Abuse Program, RDAP
  • Post-Incarceration Services
  • Parole Services

Visit our services page to get full descriptions of each service.

 

Our Professionals

Herbert J. Hoelter, NCIA’s Chief Executive Officer, has assisted in over 1,000 white collar cases during his 38-year career. His expertise in anti-trust, tax, fraud and other individual and corporate crimes is unparalleled. He has also trained and mentored hundreds of other sentencing professionals.

 

Herbert J. Hoelter

Co-Founder and Chief Executive Officer


Herbert J. Hoelter is cofounder and chief executive officer of the National Center on Institutions and Alternatives (NCIA). Founded in 1977, NCIA is regarded as one of the most progressive and effective criminal justice organizations in the country. NCIA is headquartered in Baltimore, Maryland.

Mr. Hoelter is recognized as one of the country’s leading experts in sentencing and the federal prison system and in developing alternative programs to incarceration. He directs NCIA’s sentencing and parole services, which has prepared cases in all 50 states, 75 federal jurisdictions, and three countries. Since 1977, over 20,000 NCIA cases have been presented for consideration by sentencing courts and parole boards. Mr. Hoelter has particular expertise in federal court and white-collar crime, having assisted in the representation of many of the insider trading, tax, securities and corporate fraud cases.

Mr. Hoelter holds a Master of Social Work degree from Marywood University in Pennsylvania and a Bachelor of Arts degree from the University of Buffalo. He has served as an adjunct faculty member at American University and on the faculty of the National Judicial College. He has lectured on sentencing advocacy and reform for over 20 state and local Bar Associations and was the representative of the National Association of Criminal Defense Lawyers (NACDL) before the United States Sentencing Commission on the subject of alternatives to incarceration. Mr. Hoelter has also served as cochair of the NACDL post-conviction committee. He has appeared on ABC’s 20/20, CNN’s Crossfire, Good Morning America, Nightline and many other television and radio shows.

Mr. Hoelter has written extensively on the U.S. criminal justice system. He is coeditor of The Real War on Crime (HarperCollins, 1996) which advances promising solutions for criminal justice policy in the United States. He has authored articles for The Federal Sentencing Reporter, The Judges Journal, the American Bar Association’s Journal on Law Related Education, Federal Probation, The Champion, and The New England Journal on Civil and Criminal Confinement, as well as numerous legal newsletters. Check out some of his Criminal Defense Updates here.

7205 Rutherford Road
Baltimore, Maryland 21244
443.780.1353 phone
410.265.8078 fax
hhoelter@ncianet.org

 

Jamie D. Smart, MA

Research Analyst


Ms. Smart is Research Analyst for Criminal Justice Services at NCIA, she conducts statistical analyses of both state and federal sentencing practices. Her comprehensive reports are used to provide compelling support for sentence recommendations in both federal and state courts. In addition to conducting statistical research on federal sentencing practices, she is an expert on the Federal Sentencing Guidelines and assists in developing arguments for departures, variances and alternatives to incarceration. Ms. Smart also provides defense teams with comparative analysis of federal sentences based on offense statute for plea negotiations.

Jamie Smart joined NCIA after earning a Master of Arts in Political Science from Texas A&M University. She began her career as a research assistant with the Project for Equity, Representation and Governance at Texas A&M University, where she developed an expertise in multivariate modeling and survey methods. Her interests include public administration, public policy, and social justice.

7205 Rutherford Road
Baltimore, Maryland 21244
443.780.1435 phone
410.265.8078 fax
jsmart@ncianet.org

 

Joseph D. Allen, Esq.

Senior Counsel


Joseph D. Allen is Senior Counsel for Criminal Justice Services at NCIA, working on all aspects of our sentencing mitigation and consultation services. He brings to NCIA years of criminal defense experience handling sentencing challenges for his clients in state and federal courts. While in private practice, Mr. Allen crafted meticulous and persuasive sentencing memoranda and coordinated compelling presentations at sentencing hearings. Mr. Allen achieved a consistent track record of getting his clients the best possible sentence.

Along with the other professionals at NCIA, Mr. Allen offers defense attorneys and their clients a complete package of sentencing mitigation expertise. Early in their clients’ cases, defense attorneys choose Mr. Allen to advise them on formulating a pre-indictment strategy, preemptively developing and arranging appropriate community service plans, gathering mitigation evidence, and researching and analyzing potential sentencing outcomes. After a plea or conviction, Mr. Allen composes sentencing pleadings, including responses to pre-sentence reports and sentencing memos (incorporating NCIA’s custom statistical analysis of historical sentences), and also assists with production of sophisticated video presentations (a specialty of NCIA).

In 2006, Mr. Allen received his J.D. from Arizona State University College of Law, where he was a Staff Writer on the ASU Law Journal and a Pedrick Scholar. Mr. Allen is licensed to practice law in Arizona and Maryland.

7205 Rutherford Road
Baltimore, Maryland 21244
443.780.1355 phone
410.265.8078 fax
jdallen@ncianet.org

 

For further information contact Herbert Hoelter at hhoelter@ncianet.org or 443.780.1311.