Any suspect has the right to prove himself/herself, not guilty. However, not all suspects presented in the court would make a plea not guilty; a few of them pleas for being guilty. Plea in mitigation or mitigation plea is a formal statement from you or the attorney presented to the court after pleading guilty or admitted the offense. It aims to explain your circumstances or your side why you had committed the crime. Understandably, all suspects need to have their lawyer with them during the court proceedings. Thus, these suspects might be professional people yet need to have these criminal defense lawyers to stand with them during the hearing.
When does a plea in mitigation issued?
A plea in mitigation will be issued after the suspect is found guilty of an offense. It can be a written or oral presentation done on the court; it is done by the accused or the lawyer. The court considers the type and amount of the sentence before being imposed. Therefore, before the court imposes a sentence, you have been given a chance and opportunity to inform any mitigating factors that you have. In criminal law, penalties for the accused may decrease due to the mitigating factor. Meaning, a mitigating factor serves as an explanation by the accused to decrease the sentence or imposed penalties. Here’s a good example, if the dependant has valid reasons, which is very young or with low mental capacity that makes him/her doesn’t understand the criminal actions done.
What is mitigation factor/s?
As mentioned above, the definition of mitigating factors is unambiguous. These mitigating factors must be true, which must be the facts, reasons, and circumstances that are less serious sentence to be imposed for you. A further explanation includes the details and facts about your circumstances and the incidents surrounding the crime committed.
A summary of a plea in mitigation
A plea in mitigation contains the accused’s imposed sentence or punishment, either less severe or appropriate for the committed offense. It aims to bring several types of information for the court’s consideration. The factors to be presented must be the following:
1.) Factors about personal circumstances, such as:
- family background
- employment record
- medical conditions
- proof of character and attitude
- information for being potential for rehabilitation
- To be reformed due to offending behavior
2.) Factors about how the offense been committed, such as:
- Specific roles
- Property value involved
- Degree of injury being caused
A plea in mitigation must be all true once pleaded guilty. A person, either the accused or the victim, has the right to defend herself/himself with a criminal defense lawyer. Therefore, if you face any criminal case, you should call for a criminal defense lawyer to stand with you and be advised on what you should and not do during or after the mitigation plea. It is very important that you are guided, assisted, and advised by these professional lawyers serving as your defendants during the court proceedings. Thus, looking for reliable and expert criminal defense lawyers is significant.