What is mitigation plea?
What is mitigation plea?
A mitigation plea is an oral or written statement containing information about yourself or the circumstances of the offence that may result in a lower sentence imposed. The purpose of your mitigation plea is for you to convey relevant mitigating factors so that the judge can arrive at a fair and just sentence.
How do you write a plea mitigation?
The best letters have four points:
- Express remorse.
- Ask for credit for a guilty plea.
- One point about the offence itself, but only if there is a valid point to make. Otherwise, leave it out.
- One or two aspects of personal mitigation. Include ways that a driving disqualification will have on you.
How do you write a mitigating circumstance letter?
How to write a mitigating circumstances letter?
- Gratitude for the chance to explain the situation.
- A clear and concise explanation of the situation.
- Honesty.
- What you want from the university.
When do you enter a good mitigation plea?
The good mitigation begins with the client’s very first appearance in court. Obtaining maximum credit for a guilty plea can only be guaranteed if he pleads on the earliest reasonable occasion, and with the near ubiquity these days of early guilty plea schemes this has become even more important.
Which is the most critical part of the plea process?
But once the decision to plead guilty is made, then comes one of the most critical parts of the process: the basis of plea. Sometimes this is unnecessary, but in very many cases a well-drafted basis of plea can make all the difference between prison and freedom. It is not an opportunity that should be missed.
When is the best time to enter a guilty plea?
Obtaining maximum credit for a guilty plea can only be guaranteed if he pleads on the earliest reasonable occasion, and with the near ubiquity these days of early guilty plea schemes this has become even more important. If your client’s guilt is cut and dried there is no difficulty. He should enter his plea immediately. But one needs to be careful.
Why do you need a Goodyear indication at a plea hearing?
The reason is that, once given, the Goodyear indication is a ceiling to the maximum sentence, but not a floor to the minimum. Moreover, it will bind a future judge, so if the judge at the plea hearing is a gentle pussy-cat you may be able, by asking for an indication, to bind the jaws of the sentencing judge who may turn out to be a hyena.