Wiggins vs. Smith – “Investigations into mitigating evidence should comprise efforts to discover all reasonable available mitigating evidence and evidence to rebut any aggravating evidence that may be introduced by the prosecutor.” Justice Sandra D. O’Connor, Wiggins v. Smith (2003).
We prepare mitigation arguments and sentencing memoranda raising characteristics identified through our investigation which are sanctioned under 3553 guidelines as grounds for a lower sentence through departure.
In my role as a Mitigation Specialists I work with Defense Counsel, to manifest the most accurate pre-sentencing Report as well as interpret the complexities of the sentencing guidelines..I
We assist counsel with Objections to the presentence report, and we also assist defense attorneys in preparing case strategies prior to plea negotiations and/plea agreements.
SERVICES SPECIFIC TO EACH CLIENT'S SITUATION
Sentencing Mitigation Specialist
A mitigation specialist is someone who teams with defense counsel to provide supportive research and significant documented history of the defendant in relation to obtaining a lower term at sentencing strategy.
This is extremely significant in the federal arena because of the impact the sentencing guidelines can have on the term the defendant is facing.
This is done in an effort to humanize the defendant in the eyes of the court and present grounds for a lower sentence, mitigation experts identify grounds for departure/variances as sanctioned by the guidelines.
Thorough preparation for sentencing is necessary if you want to increase your chances of receiving a "reasonable" sentence.
We strive for effective advocacy in assisting the client with receiving the lowest possible sentence by presenting all mitigating factors to the court for consideration of variance/downward departures.
We have provided mitigation assistance to clients through Defense Counsel since 2008.
When providing mitigation services, we scour all documentation looking for opportunities to better the client's potentially bleak situation.
We investigate to provide the sentencing court with characteristics of the defendant, childhood trauma, poverty, any circumstances that may have impacted their growth and development or any crisis that may have come about in their past.
And, we also offer unbundles services, last minute pleadings for situations which may rise after counsel has left the case.
This assistance may be in the form of pre-plea consulting, research assistance, and assist with composing alternate presentence reports, sentencing memorandum for clients.
We also assist with objections to the presentence report for clients who are seeking in mitigation to lessen the impact of the federal sentencing guidelines on the term the court may impose.