SERVICE SPOTLIGHT: Legal Mitigation
What is mitigation?
Mitigation may occur in both, criminal and civil cases. This phase typically occurs between a conviction, in criminal cases, or a finding of civil liability, in civil cases, and the sentencing phase. At this stage, the defendant has either voluntarily and knowingly accepted responsibility for the incident or responsibility has been imposed by the legal decision of a judge or jury. This process involves taking a “deep dive” into the background of the case and the defendant in order to identify reasons why a more lenient sentence may be appropriate in a specific case.
How can a private investigator assist with mitigation?
Investigative activities which contribute to the mitigation process include:
Witness interviews
Public records/documents retrieval
Social media/digital footprint analysis
Comprehensive background investigation
What is the goal?
The investigator must be organized, detail-oriented, a good communicator, and incorporate the perspective of a social worker in order to achieve the goals of mitigation. The ultimate goal is to delve into the defendant’s personal history in order to identify details regarding socioeconomic/mental health struggles, addiction challenges, traumatic incidents, and familial relationships which may have pre-disposed the defendant’s involvement in his/her current legal predicament.
While these factors do not constitute a legitimate excuse for victimizing others, most people recognize these are extremely influential in the development of a person’s direction in life. While negative factors are sometimes overcome, a large proportion of people subjected to them find these challenges insurmountable.
Call to action for attorneys
Attorneys have a professional responsibility to provide an effective defense for their clients. The next time you find yourself in the mitigation phase of a case, reach out to ON TARGET INVESTIGATION & CONSULTING, LLC to assist you with developing and providing comprehensive mitigation information to the court. We will put forth our best effort to deliver the reliable information you require.
“Professionalism is Our Hallmark”