Mitigating Circumstances

Private Investigator & Mitigation Specialist

Private Investigation Agency Portsmouth, NH

Here's some arguments to make in a sentencing hearing.

140 Mitigating Factors

Mother had pregnancy complications while carrying defendant
Mother drank, smoked or did drugs during pregnancy with defendant
After delivery the defendant’s Apgar score was low
He/she was born prematurely and complications at birth (delivery)
Suffered from child sexual abuse
Suffered from neglect (left alone, malnourished, etc.)
Defendant witnessed domestic abuse between parents, family, etc.
Was a victim of physical abuse as a child
Endured emotional/verbal abuse during developmental years as a child
Act was learned behavior from extreme upbringing
Was taken away from family for unknown reasons
Family history and pattern of abuse/neglect
Was responsible at a young age for raising siblings
Parents forced the defendant to drop out of school
Frequently moved around as a child
No one in the community offered to help or intervene when defendant was being abused
Parents committed crimes in front of defendant as a child (learned behavior)
In and out of foster homes
Family history of alcohol and/or other substance abuse
Suffers from insomnia
Family history of mental illness
Defendant struggles with substance abuse
Has an intellectual disability
Diagnosed with mental health issues
Defendant recognizes mental health issues
He/she is now on the correct medications and/or engaging in therapy to treat mental health issues
Easily influenced by those around him/her
Defendant has medical issues (recent, prior or ongoing)
Defendant's treatment (i.e. surgery, medications, etc.) for medical conditions will be costly for the State.
Willing to take random drug screens
Lack of criminal record
Has stayed out of trouble since arrest
(Drug sales) quantity of drugs was a small amount
(Drug sales) drugs are of low quality
Dealing to support his/her own habit
Physicians prescribed drugs for an injury that led to addiction
No one was hurt/harmed during the criminal act and the defendant committed the act in a way that would unlikely cause injury or harm to another person
Defendant cooperated with police
If defendant did not cooperate, he/she did not actually lie to police
Defendant confessed
He/she expresses great remorse
Has apologized to the victim or victim's family
Defendant willingly turned himself/herself in to authorities
Defendant is taking responsibility and recognizes he/she needs to own up to own actions
(Theft) defendant stole for an individual who needed something (i.e. food)
Restitution has been made or a willingness to pay restitution
Defendant is young
He/she is not aggressive or violent
Has family/friends willing to help defendant get back on his/her feet
Has a place to stay after incarceration
Victim culpability - participated in the crime or initiated the events leading to it
Codefendant plotted the crime and defendant just participated
Immaturity of defendant
He/she is a good candidate for drug court
Jurors expressed sympathy for defendant
(Statutory rape) victim lied about his/her age
Defendant changed his/her mind during the incident and stopped
Defendant turned himself/herself into authorities before arrest
His/her young age puts him/her at a greater risk for assault in jail/prison
Going to jail/prison at such a young age he/she will learn further bad habits and be easily influenced by other inmates
Defendant is elderly
Struggles with anger management, but is getting help for said issues
He/she has a terminal illness
Defendant is gainfully employed and sought employment after incident
He/she had a steady job prior to the incident and continues with that employment
Employer will rehire him/her upon release
Good deeds - defendant has helped others before, during or after incident
Defendant is in rehab
He/she is getting help for addiction by regularly attending AA/NA or other group therapy for substance abuse problems
Cooperated with authorities to prosecute others
Correction has had no problems with defendant during pretrial incarceration
Doing well in school, good grades
Grades are improving showing that the defendant is making an effort to change
Has enrolled in college or wants to continue with education
Worked to get a GED or is currently working on that
Tutors other inmates
Defendant was a victim of extreme bullying in school
Has been volunteering time for various causes
Expresses interest in charity work
Regular attends religious services
Clergy is willing to speak out in favor of the defendant
Willing to speak to others about experience
Wants to join the military
Served his/her country
Is a war veteran
PTSD from service in the military
Was honorably discharged after service
Was exposed to toxins while in service
Suffered from head trauma(s)
Was injured in the criminal act
Was in an MV or other accident and sustained injuries
Was injured during a work related incident
Victim has forgiven defendant
Defendant understands that the outcome could have been worse or someone could have been harmed
Defendant is not likely to be a repeat offender
Defendant’s role was minor compared to co-defendant(s)
He/she was provoked
There was a delay in arrest and/or charge
Victim participated in crime
Defendant acted out of a desire to provide life necessities (i.e. stealing food)
Was a victim of physical violence or sexual assault as an adult
Was sexually assaulted in jail/prison
Was a battered spouse/parter
Spouse or partner was controlling, or verbally or emotionally abusive over time
Had lost job at the time of the offense
Under extreme financial stress
Is the sole provider for his/her family
Single parent
Gambling disorders
Has been a victim or racism, sexism, or bullied for sexual orientation
Incarceration would have a negative emotional effect on family
Incarceration would cause defendant to lose job and cause further hardship on family, employer, etc.
Cultural heritage issues (defendant from a foreign country and act was culturally accepted there)
Defendant would be deported
If deported, defendant would suffer extreme circumstances/treatment in country of origin
Defendant is physically handicapped
Committed crime under duress
Suffered a loss of a spouse, child, other family member that caused extreme distress
Defendant did not flee the scene
Rendered aid to victim
Defendant called for help/emergency services
Defendant’s mental health would cause the State a great burden financially
Has already served some time while waiting for trial
Correction officer(s) are willing to speak on behalf of defendant
Has helped other inmates (buying them food, etc.) while incarcerated
Reputation in the community to be kind, compassionate or giving
Conduct was partly in self defense
Crime was an accident
Defendant has written a letter to the court
(Driving offense) defendant had to drive for an emergency situation
Defendant followed all orders of conditions of release and will continue to do so
He/she is pleading guilty - taking responsibility
He/she has adopted children in need or been a foster parent
Culpability of the victim (not a helpless or at risk victim)
Codefendant(s) was/were a relative or someone the defendant knew and trusted; codefendant encouraged or forced defendant to participate
Defendant is homeless and has no family or friends to help
Defendant has a strong work ethic
His/her time homeless has been extremely traumatic (cold, scared, hungry, etc.)
Defendant has articulated that this is his/her "rock bottom"
He/she is working/has worked in the medical field