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What is mitigation in a criminal law case?

Posted by Russell Babcock | Jun 17, 2023 | 0 Comments

It has almost been a "given."  Drugs + federal charges= incarceration.  But not so fast!   Recently, I can say that there has been a downward trend in the amount of time federal drug offenders have been sentenced to jail.  Maybe it is just that I have learned better strategies, but in general, cases that would have drawn a four-year sentence five years ago are  now receiving in many cases sentences of two years or less.  

I can't emphasize the importance of mitigation in federal narcotics cases.  One thing I tell a judge when a defendant is being sentenced as a blind mule, having imported fentanyl, heroin, methamphetamine, or cocaine, is that this case "doesn't define them" and they are much better than their worst moment in life. That is why at the Law Offices of Russell S. Babcock, I always strive hard for the judge to know the good in all of my clients.  

So what is mitigation? "Mitigation"  means to lessen the negative impact of an event. Through mitigation, I have created movies, photo albums, and collected many letters of recommendation so that the judge can really know the person whom they are about to sentence. A good attorney will work closely with the client so that the judge really knows who the defendant is before pronouncing sentences.

Most of the judges  I appear in front of are good people. Many are looking for a reason to not send the client to jail for a long period of time. But the attorney, working closely with the client, must supply that mitigation.

At the Law Offices of Russell Babcock, we always go the extra mile so that the judge does not just see the client as just one of those anonymous individuals who shuffle into the courtroom in a jumpsuit to be sentenced  Anyone can make a mistake, and through mitigation, just like an artist, I paint a picture of my client that will allow the client to see the unique person my client is and see hope for my client in the future. 

At the Law Office of Russell S. Babcock, we work with a team approach to bring all favorable information about the client to the attention of the judge. We do not cut corners.  We work as long and hard as necessary to bring all favorable facts forward so that the judge has a full picture of the defendant and not just the crime. 

(Created with RI:  real intelligence.) 

About the Author

Russell Babcock

Conozca a russell Russell S. Babcock (Founder + Owner) Spanish Speaking Criminal Defense Attorney  (Federal and State Court) The law firm of Russell S. Babcock was formed to provide the highest quality of federal and state criminal defense services at reasonable prices. We are a full service c...

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