In addition to arguing any legal issues that may exist in a case, Castillo Law also works tirelessly to present mitigation to the Prosecuting Agency and the Judge on behalf of our clients. A.R.S. § 13-751(G) defines mitigation as evidence relevant to “any aspect of the defendant’s character, propensities or record and any of the circumstances of the offense.”
Unfortunately, more often than not, law enforcement and prosecuting agencies fail to look beyond what someone is charged with and choose to focus only on a select few alleged facts. In order to paint a more accurate representation of our clients, we will present mitigation information related to their past, present, and the potential for their future. Some examples of mitigation we may seek to provide are medical records, treatment records, letters of support from the community, employment records, school records, or proof of past good deeds, charity work, and past accomplishments. Furthermore, we strive to learn the background of clients to understand any outside circumstances that may provide context for the alleged crime(s). This can include any past victimization, abuse, trauma, suffering, or loss that someone may have experienced. In some cases, an attorney may determine that a mitigation specialist is warranted. In other cases, an attorney might determine that the client’s story is best told through the word of a psychological or a neuropsychological expert. Records that may help your attorney with mitigation include:
- Juvenile file
- School records
- Probation file
- Mental health reports
- Drug and alcohol treatment records
- Medical or hospital records showing illness or trauma
- Military records
- Employment records
- Disability records
- Prison records
- DCS or CPS Records
The information we gather can be valuable while engaging in plea negotiations with the State. If appropriate, we may provide a formal written request to the State which can include both weaknesses in the case as well as any of the mitigation information mentioned above in an attempt to persuade the Prosecuting Agency to offer a better outcome for our client.
Mitigation can also be used after a guilty plea is accepted, or guilt has been determined by a jury, in an attempt to sway the Judge to give the most lenient sentence under the law. Sentencing terms are mandated by law – meaning the Court must adhere to sentencing guidelines established by the Arizona Legislature. These mandated terms and ranges are determined by the class of the misdemeanor or felony charged, along with the defendant’s criminal history. If a person has been convicted of a felony, the “presumptive” term is the Court’s baseline for the amount of time a defendant is to be sentenced. Starting with the lowest term, the sentencing ranges are referred to as the mitigated sentence, minimum sentence, presumptive sentence, maximum sentence and aggravated sentence. The Judge will weigh any aggravating factors presented by the Prosecuting Agency and any statutory and non-statutory mitigating factors presented by Defense Counsel in order to render his/her decision.
At Castillo Law, we believe each client deserves to have their story told and to be treated as an individual. We understand how important presenting this mitigating information can be in obtaining a positive outcome for you or your loved one. Our experienced attorneys can be reached at 480-206-2504 to discuss the specifics of your case and how we can help.