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Sentencing Mitigation vs Federal Prison Consulting To help you better understand sentencing mitigation while preparing for a potential federal sentencing hearing, I attach a snippet of Chapter 6, from my book, Prepare. Defense Attorney’s Position: Some defense attorneys support a pro-active sentence-mitigation plan, while other defense attorneys resist such initiatives. Why? Attorneys are great analytical thinkers. Since they know it’s the prosecutor’s burden to prove a case, they operate out of an abundance of caution. They do not want to introduce any evidence that a prosecutor could use against their client. And since most defendants start out in denial, incapable of fully appreciating the system or the charges against them, some attorneys do not want their clients to say anything. Attorneys may have invested considerable amounts of time to construct an elaborate defense. They do not want their clients to make statements that prosecutors may twist, making it more difficult for the attorney to argue for leniency at sentencing. Defense attorneys may prefer to rely upon case law, facts, and what the prosecutor could prove. We have a different perspective. Our team has interacted with more than 1,000 people that have gone through the criminal justice system. We’ve had personal interactions with state and federal judges. Based on our experience, we’re convinced that defendants put themselves in a far better position when they engineer an effective sentence-mitigation plan. When a person creates and executes on an effective sentence-mitigation strategy, that individual does immense service to his defense attorney. In our view, an effective sentence-mitigation plan will strive to achieve several outcomes: • It will help the judge see and understand the defendant as an individual, • It will help the judge grasp influences that led the defendant to the current situation, • It will help the judge see aspects of the defendant’s life that could not be conveyed by the defense attorney’s eloquence alone, • It will help the judge see the defendant in his own environment, • It will help the judge learn what other people in the community think about the defendant. Engineering an effective sentence-mitigation plan does not excuse the misconduct or litigate the case. In fact, a sentence-mitigation plan does just the opposite. It is a strategy to show the judge why the defendant is worthy of mercy. It would not serve a defendant’s interest to minimize culpability, or to blame anyone. If referring to the criminal conduct at all, the sentence-mitigation plan should focus on some key points, including: 1. Show an understanding and an appreciation for the victim’s pain, suffering, or loss. 2. Show influences that led the defendant to become involved in the instant offense. 3. Show what the defendant has learned from the experience. 4. Show what steps the defendant has taken to reconcile with society, the victims, and his community to make things right. 5. Articulate a coherent plan to show why the defendant will never break the law again. To learn more about sentencing mitigation text NARRATIVE to 44222. We will send you a free course that shares ideas and strategies to prepare for your probation report and sentencing. Best, Justin Paperny P.S. Text or call 818-424-2220 with questions. / federalprisonadvice / justinpaperny / whitecollaradvice Phone : - +1 818-424-2220 4500 Park Granada, Suite 202 Calabasas, CA 91302 California