How Do Judges View Attorneys Who Use Mitigation

How Do Judges View Attorneys Who Use Mitigation

Mitigation shouldn’t be optional. It should be a part of every zealous defense. The Supreme Court of appeals of West Virginia has repeatedly cautioned that “silence” may operate as a waiver of objections to error and irregularities at the trial...
Hiring a Mitigation Specialist Increases Your Positive Reputation

Hiring a Mitigation Specialist Increases Your Positive Reputation

You’ve hired a Mitigation Specialist, and that action alone has bought you more time, less client management, and less worry over your client’s background details. But what will hiring a Mitigation Specialist for your clients’ cases do for you in the long run? As...
Personal Mitigation Has the Greatest Positive Impact on Sentencing

Personal Mitigation Has the Greatest Positive Impact on Sentencing

In his April 17, 2022, article entitled Modern Sentencing Mitigation, John B. Melxner, Jr., states that mitigation is a central predictor of sentencing outcomes. Melxner took data points from mitigation memorandums such as personal mitigation, health, mental health,...
The Effectiveness of Mitigating Extreme Medical Conditions

The Effectiveness of Mitigating Extreme Medical Conditions

A sometimes overlooked mitigating factor can be extreme medical conditions that aren’t easily treated in a detention setting. Also, the defendant’s age and ability to pay restitution should be considered. For example, I point to an Ohio case where a 69-year-old man...

Addiction as a Mitigating Factor in Cases of Overdose Death

We’ve all seen the headlines and the statistics about drug overdoses in America. The CDC reports that over 100,000 people overdosed in 2021. In 2019, more than 10 million people reported addiction to opioids, and the numbers continue to climb. The US Department of...