Sentencing Advocacy / Capital Mitigation

Sentencing Advocacy, State and Federal

In New York State, Section 390.40 of the Criminal Procedure Law grants an individual the right to file with the Court a Memorandum setting forth information pertinent to the question of sentence. Our approach is holistic in that we take the time to listen to our clients and to understand their involvement with the Court in the context of their lives. By getting to know our clients, we begin to understand their strengths and weaknesses. We assess the needs of our clients not only through the interview process with them but we also reach out to family members and pertinent others in our client's lives. Relationship building is an important component in what we do.

Not only do we prepare a report for the Court, but we address the underlying issues that resulted in our client being involved with the Criminal Justice System. We refer our clients for treatment and support them as they make positive significant life style changes. Throughout these changes we can address the Court's concern for community safety, an important issue in sentencing. Often times there are collateral consequences to family members when their loved ones are incarcerated.  Through treatment and monitoring there are many times that alternatives to incarceration can effectively be put in place.

For our clients charged in Federal Court, we assist in developing a fair plea agreement, and will review the related material. All relevant information is analyzed to determine the appropriate sentencing guidelines, departure issues and other factors that might mitigate sentencing. These factors may reduce or eliminate a term of imprisonment. Sentencing recommendations may also be developed to include special conditions that can assist the client to successfully complete a probation term.

Capital Mitigation
Sentencing Advocacy