Sentencing and mitigation
Most criminal cases end at sentencing. It is the one hearing where the judge is required to consider who you are, not just what you are charged with. Preparation makes a measurable difference.
Federal sentencing
In federal court, the probation office prepares a presentence report with a Guidelines calculation. Errors in that report can add years. We review it line by line, object to unsupported enhancements and criminal history points, and argue for a sentence under the factors in 18 U.S.C. § 3553(a).
Illinois sentencing
Illinois law lists factors in mitigation that judges must consider, including the circumstances of the offense, a person's background, and the likelihood of rehabilitation. We gather the records and witnesses that put those factors in front of the court.
What goes into mitigation
- A detailed sentencing memorandum
- Letters from family, employers, and community members
- Medical, mental health, and treatment records
- Employment and education history
- Evaluations from qualified professionals, where useful
- A plan for life after sentencing: housing, work, and treatment
Questions
Can you help if I already pleaded guilty?
Yes. Many clients come to us after a plea and before sentencing. There is usually time to build a mitigation case, though earlier is better.
Should I speak at sentencing?
You have the right to address the court. We prepare you for it so that what you say helps rather than hurts.