Authored by GLO Paralegal Peno McLean-Riggs
What is mitigation?
Mitigation is an extremely important part of zealous advocacy in criminal defense. We often tell our clients that investigation is the part of the case where we dive into the facts of the state’s story and find holes in their case. Mitigation, on the other hand, is where we investigate the client – their story, their background, and information that helps the state understand who they are.
Often, mitigating information covers and presents any trauma, abuse, or neglect suffered by a person. Mitigation reports discuss how any trauma or substance use affects a person’s development. However, mitigation is not solely the negative events that have happened to a client – mitigation also covers how a person is amenable to rehabilitation, positive performance or accomplishments, role in the community and family, and evidence of remorse for crimes committed.
How is mitigation used in a criminal case?
Mitigation can be used to negotiate a case with the prosecutor to obtain a plea deal that the client believes is fair and just. Explaining how a person came to commit their crime, and their background, allows the prosecutor to see clients as human beings. Often, mitigation is a critical component allowing prosecutors to reduce the charges against a client, and results in a better plea deal.
Mitigation can also be used at sentencing hearings. Mitigation allows a judge insight into who a person is, and their background, which can give judges reason to impose a lower sentence. Mitigation can be crucial to the length of a sentence imposed by a judge and has the potential to lower a client’s sentence by months and years.
When our client is innocent and it is a “dismissal or trial” scenario, we still work up mitigation information. Sometimes we learn facts that can be admissible at trial. Other times our robust investigation work showing the lack of evidence and issues in the case, paired with the client’s story can be the combination that may push the prosecutor to dismiss the case. This could include presenting information of lack of criminal history, accomplishments in the community, information about family or parenting, community service, character evidence demonstrating that the crime did not happen, or other strong background facts.
How does the mitigation process work?
Reviewing records is an important part of the mitigation process. Education records, psychological/psychiatric records, behavioral records, and CPS records can be significant to corroborate client’s stories and specialist’s findings. However, an excellent mitigation specialist can write a compelling report even without records, which are sometimes difficult to access.
The mitigation process begins by an in-depth conversation with a client’s attorney or mitigation specialist. Mitigation specialists are trained to evaluate a client, ask questions about their life, and compile a compelling report that can be shared with a prosecutor or judge. They possess clinical skills and therefore can often talk about any potential mental health diagnosis, neurological conditions, and development from childhood to adulthood. Mitigation specialists are experts in their field and can offer clients insight that a lawyer may not be able to provide. A client’s mitigation specialist or attorney will engage in a series of conversations that will touch on many topics including upbringing, background, education, and mental health.
Mitigation specialists and attorneys also engage in collateral interviews to make mitigation reports robust and complete. Collateral interviews are when an attorney or mitigation specialist talks to other people in a client’s life, such as family members and close friends. This serves to fill in any gaps in a client’s story and provide corroborating information.
The mitigation process can be extremely difficult for clients. It goes without saying that talking about the trauma a person has experienced and very personal details can be difficult. However, the results of this process can both shave months and years off a sentence and result in a lesser charge.
Mitigation at Gause Law Offices
Gause Law Offices takes mitigation development seriously. Providing mitigating information to prosecutors and judges is one of our specialties. Whether you are charged with a minor misdemeanor or a serious felony, we will learn about your life and use this information to get you a better deal and a better sentence. We engage in extensive records gathering, and we contract with the best mitigation specialists in the state. If you are eligible for a public defender, we will make sure you do not pay out of pocket for a mitigation specialist. We recognize how much of a difference mitigation can make to your plea options and any sentencing hearing that may follow, and we create robust mitigation packages that have made a difference to our clients time and time again. If you have questions about mitigation or need a consultation, please contact our office.