Why You Need Mitigation Evidence in a Criminal Case

Transcript:

A lot of people may not know what mitigation evidence is, but oftentimes, it can mean the difference between a good outcome and a bad outcome. With mitigation evidence, it doesn't directly relate to the facts of your case, it's evidence that can be used to show who you are as a person. It is also evidence that could be used in negotiation with the prosecution to help get a better plea agreement, or you can present it to the court at sentencing to argue for a lesser sentence.

As an attorney, going in and saying that my client's a first time offender and a good person isn't enough. A lot of people are first-time offenders and good people. Mitigation evidence helps develop specific facts in your case which can make all the difference.

So here are some examples of mitigation evidence you should look for in your case.

1. Job/Career

So first, I would look at your job and career. Do you have a strong employment history and an employer that counts and relies on you, that they can provide character letters or letters of support and help show you would be a good candidate for probation or community-based services such as home detention. And if you don't have a job, maybe you can work on your education and seek out employment.

2. Circumstances Surrounding Arrest

Another thing to look at is the circumstances surrounding the arrest, maybe something that explains your criminal conduct on that day. For instance, maybe you suffered loss and were experiencing grief, or were under stress for some other reason. We can use the circumstances surrounding your arrest to help tell a story and show the prosecutor or the judge a bigger picture.

3. Treatment

Third, if you were charged with a drug offense, you can get yourself involved with treatment or a 1AA while your case is pending. Acknowledging you need treatment and working towards it can help you in a drug offense.

4. Collateral Matters

And fourth, maybe there are other things that the state or judge need to know about. For instance, maybe you have a military career and the offense would remove you from service, or maybe you risk losing professional license. You want to see if there's anything that shows why the impact of a conviction would be especially adverse for you, and be sure to include that in any mitigation evidence.

5. Mental Issues/Disabilities

Fifth, mental issues and disabilities. Maybe you've been diagnosed with a mental illness that increases your ability to commit a crime or even decreases your ability to understand that you're committing a crime. That's something you need to talk with your attorney and you want that considered in your case.

6. Family Support

And sixth and last, family support. If you have the support of your family after an arrest, it could help show the court that you would be unlikely to re-offend.

So as you can see, mitigation can involve a lot of different things. And what we've just went through are a few of the items we would look to in any case, and you should take the time in the beginning to prepare a proper mitigation strategy for your case, which can make a difference in the outcome. NV: My name is Nathan Vining, I'm a defense attorney in Indianapolis. And if you've been charged with a crime give me a call, I'd be happy to look at your case. I practice throughout the state of Indiana, and can answer any questions you have and also discuss what I would recommend for mitigation in your situation.