The use of a Mitigation Specialist and the mitigation report produced by the specialist can help you obtain a sentencing variance for your clients. A mitigation report allows the judge to see the defendant as a human being, and the report can be used for plea negotiations or at sentencing. It enables the defense attorney to present the client’s social history, including many facts and details of the defendant’s life. How does this help?
Rather than presenting your client as just a typical defendant, an effective mitigation strategy can include the use of a report detailing child abuse, poverty, food scarcity, drug abuse, and addiction, exposure to violence, mental health issues, severe neglect, disabilities, special education, intellectual deficits, lack of family support, employment history, generational trauma, the impact and effects of racism and discrimination, education and educational gaps, sexual abuse, incarcerated parent, and much more. By introducing the judge or prosecutor to this social history, the behavior that led to the crime can be explored more thoroughly than the details listed on a law enforcement report. Mitigation reports dive deep into the defendant’s character, motivation, family dynamics, and wholeness.
A Mitigation Specialist will analyze the information and make recommendations, including a lengthy substance abuse treatment program, cognitive-based therapy, trauma-informed therapy, job training, restitution, community service, community supervision, or restorative justice tailored to the defendant. To help lower the defendant’s sentence, a Mitigation Specialist will also highlight the defendant’s accomplishments, good character, family support, employment, minimal participation in the crime, and other mitigating factors.
If your clients are repeat offenders, are charged with serious violent cases, or facing Federal sentences, mitigation is essential. While the defendant may still face conviction and sentencing, mitigation strategies could mean the difference between years in prison versus life in prison.
If you need a lesser sentence for your clients, please call the Downward Departure Specialists at 916-224-4680. We are experts and here to help.
