Mitigation Specialist FAQ’s

A mitigation specialist assists attorneys representing clients with juvenile delinquency or adult criminal cases. A mitigation specialist is an expert qualified by knowledge, skill, experience, and training as a criminal justice, mental health, or sociology professional. Their work typically includes conducting biopsychosocial interviews with defendants, identifying issues related to intellect, mental health, substance abuse, and trauma, referring clients to experts, obtaining records, drafting persuasive alternative sentencing and treatment plans and identifying appropriate educational, substance abuse and mental health placements.

In criminal law, a mitigating factor, or explaining circumstance, is any information presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.

Character of the defendant, rehabilitation needs and the gravity of the offense. A sentencing mitigation report is one of the best ways to provide this information to the judge, providing them with critical background about the defendant they would not likely otherwise have.

Absolutely. A judge is required by law to review all the documents submitted to the court on behalf of a defendant. A well written, comprehensive mitigation report is appreciated by judges as it helps them to decide an appropriate sentencing disposition.

In some cases, it is helpful for the mitigation specialist to testify in support of the written documentation submitted or to offer rebuttal information.

Allocution is the defendant's right to address the court directly before being sentenced. It is a vital, often unsworn, opportunity for the defendant to express remorse, take responsibility, and request leniency.