Mitigation Strategies

Most defendants who win at trial share three qualities.

They're determined, persistent... and patient.

Drug smuggling and interstate transportation of narcotics

The illegal drug trade is a global black market dedicated to production and sale for profit of illicit substances. In the Americas, drug laws are so pervasive and harsh, the drug prices remain high. The profitability of the drug trade, guaranteed by the very laws that prohibit it, attracts the biggest and cleverest criminals. For the same reason, the drug business attacks the chemically dependent and the not so bright.

Read More>>>

 

Bribery and Extortion

Bribery is an offer of favours or gifts if a certain wish is met. Extortion is  a threat of violence or other bad things if a certain wish is not met.

Lying to the FBI

Problems arise when targeted individuals allow themselves to be questioned by the FBI.  A good example is the Martha Stewart case.  Although she was investigated for violating securities laws, she was indicted for, and pleaded guilty to, lying to the FBI.

Family violence

also known as domestic abuse, spousal abuse, battering, family violence, dating abuse, and intimate partner violence (IPV), is a pattern of behavior which involves the abuse by one partner against another in an intimate relationship such as marriage, cohabitation, dating or within the family. Domestic violence can take many forms, including physical aggression or assault (hitting, kicking, biting, shoving, restraining, slapping, throwing objects, battery), or threats thereof; sexual abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect); and economic deprivation.

Intoxication Assault

Vehicular or Intoxicated Assaults, and Intoxicated Manslaughter usually involve Traffic Accidents 2) Death or Serious Injury 3) One of the Drivers (usually the driver at fault) is suspected of being under the influence of drugs or alcohol. Punishments are harsh and an aggressive representation is essential. The State must prove 1) Intoxication 2) An accident or mistake that caused the accident 3) Serious bodily injury or death. Serious bodily injury is an injury that creates a risk of death, permanent disfigurement, or impairment of a bodily function.

Theft Offenses

larceny is the crime of taking the goods of another person without permission (usually secretly), with the intent of keeping them. It is one form of "theft." Some states differentiate between grand larceny and petty larceny based on the value of the stolen goods. Grand larceny is a felony with a state prison sentence as a punishment and petty larceny is usually limited to county jail time.

Generally speaking, mitigation strategies come in two variations. The first is familiar to everyone. This is where a defendant, having been found guilty, asks the judge or jury for probation or for a shorter prison term than seems warranted under the facts of the case. The lawyer might bring his client's wife to testify what a wonderful husband and father the defendant has been. Or his pastor may tell of his life filled with good works. These types of testimony don't work very well, but some lawyers, usually at their clients' instructions, still use them. 


In the second type of mitigation strategy, the lawyer can attempt to portray the offense as less serious than it appears because of the circumstances under which it was committed. In an intoxication manslaughter case, if the defendant is proved to have been intoxicated, his attorney might try to show that it was the deceased who caused the accident by running a red light, and that his client's intoxication was coincidental and causally unrelated  to the death. While this strategy can be very effective, it is limited to cases where the mitigating evidence fits well with other established facts. 


While the first strategy works poorly and can even backfire, and the second strategy has limited availability, there is a third path to mitigation of punishment which exists in virtually every criminal case. Good, effective evidence can be created after the fact (after the offense date.) I vigorously pursue these evidence-creation strategies with clients. And for the cynics reading this, no, I am not talking about the manufacturing of false or misleading evidence.