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Sentencing Investigation for Attorneys!
Sentencing Investigations offers private law practices and public defenders another dimension to their defense team, which will provide that critical and essential balance providing a vigorous defense for your clients. Some of the key issues as to why all defense teams should consider the use of a sentencing consultant are addressed below:
Why has during the past decade, has there been considerable growth in defense-based sentencing concepts. Many criminal defense law practices have come to embrace this concept for the following reasons:
- plea negotiations can be enhanced
- more cases have been won
- provide the prosecution and the court with increased options other than incarceration
- sentencing consultants serve as a time saving liaison between the lawyer and client and their families
- facilitate treatment program referrals
- prepare the client for the probation interview (an informed and prepared client makes for a better interview during this crucial process)
- response to the potentially damaging probation sentencing report and recommendations
- these reports are client-based, not crime-based, which in effect, humanizes the client to the court and prosecution
What a Sentencing Advocate/Consultant can do for an attorney:
- Time saving liaison between the law practice and client and family members to reduce the number of calls to your practice by addressing many of the non-legal questions
- As licensed private investigators, Sentencing Investigation has unrestricted access to those in custody without the need for court orders or attorney authorizations
- Frequent in-custody client and family contacts
- Provide a comprehensive social history investigation to uncover potential mitigating factors from a social, familial and medical perspective
- Identify possible witnesses and information to support mitigation
- Assist the defense team in the preparation of the case
How a defense-based sentencing concept IMPACT the proceedings.
Just what good will such an investigation and report do?
Probation sentencing reports and recommendations place a very heavy burden on the defense team since courts accept this information and recommendations 80% or more of the time. A defense-based sentencing report provides the crucial balance to this process in the following manner:
- This report gives alternatives to Judicial Officers to what was asked by the prosecution
- Explains how important factors in a client's life have contributed to the offense behavior
- Addresses the client's potential treatment or other needs
- Up to date information and current knowledge about available community resources and programs
- Suggests means to incorporate into a sentence, potential solutions to the problem which the crime represents for both society and the defendant
- Out-of-the-box creative/critical thinking limited only by imagination presented in a compelling format
- Integration of photographic images for added impact and dimension
- The most crucial advantage in retaining the services of a sentencing consultant is providing a non-adversarial response, to the potentially damaging probation report. There are many areas in these Probation reports which may tilt the proceedings in one way or another.
- Integration of research/studies in fields of forensic social work, psychology, criminology and related disciplines to support hypotheses.
Some key areas addressed in a private defense sentencing report includes but are not limited to:
- Rules of Court
- Aggravating and Mitigating Circumstances
- Probation Eligibility
- Arguments as to Unusual Circumstances to overcome Presumptive Ineligibility for Probation
- Presentation of arguments to mitigate sentences on Statutorily Ineligible for probation cases
- A defense-oriented analysis as to the Criteria Affecting the Decision to Grant or Deny Probation
- Presentation of compelling reasons and the rationale as to why an alternative sentence should be considered.
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