MORE ABOUT MITIGATION

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Because Mitigation in the beginning stages of the proceedings is still a niche industry, the majority of defense attorneys don’t realize that mitigation reports in anticipation of sentencing can be a vital part of sentencing. Federal cases address the statutory sentencing factors enumerated in §3553(a). Presentation of artful expositions of mitigating factors in a client’s personal profile or offense conduct; challenges to the assumptions underlying the guidelines as applied to a particular client; articulating how the statutory objectives of sentencing would be achieved by a non-guidelines sentence; and helping the District Court frame a non-frivolous rationale for leniency. 

More than 95% of all federal criminal cases end in conviction. Sentencing is often the most critical phase for the defendant. Prior to 2005, federal judges were bound by mandatory sentencing guidelines that severely limited their ability to deviate from the guidelines based on factors and circumstances specific to the defendant. This all changed in 2005 with U.S. v Booker, in which the Supreme Court of the United States held that the sentencing guidelines are advisory only, not mandatory. 

For purposes of sentencing, federal judges must "impose a sentence sufficient, but not greater than necessary..." In addition to taking into account sentencing factors such as affording adequate deterrence, providing restitution to victims, and other policy concerns, federal judges must consider the nature and circumstances of the offense and the history and characteristics of the defendant. There is no limitation "on the information concerning the background, character, and conduct of a person convicted of an offense which a court may receive and consider for the purpose of imposing an appropriate sentence." Therefore, defendants who present compelling information to the court that may mitigate -or make less severe- the sentence handed down are greatly advantaged over those who do not. 

Thorough preparation for sentencing is necessary if you want to increase your chances of receiving a "reasonable" sentence.

Please consider these facts;

Ninety-three percent of all federal cases result in a guilty plea,

Seventy-five percent of all Criminal Defendants who proceed to trial are convicted, Ninety-seven percent of criminal defendants, eighty-two percent of federal criminal defendants who are sentenced receive a prison term.

With those odds, shouldn’t you have a sentencing specialist on your team?

Contact u info@ariannearmstrongc