A mitigation plea is a formal statement that you or your lawyer will read in court after pleading guilty or confessing to the facts. The objective is to explain your personal circumstances and provide an explanation for the commission of the offence. Your plea describes all the circumstances that can reduce the sentence you will receive. After hearing your plea, the magistrate can then decide on an appropriate sentence. This brochure will help you make a mitigation plea for the Magistrates Court. It is divided into two main sections – what to do in court and what to do in court that day. Our lawyers know how much work it takes to negotiate an appropriate plea. We are always entering into arguments that are quite ready to go to court. We`ll know what the fees are in your case. We will try to minimize the impact of different criminal policies on your costs in order to reduce your sentences and your time in prison. In cases where the evidence is overwhelming, you may feel that a plea agreement is in your best interest.
But even a plea requires the skill and knowledge of a committed defence lawyer. If your name is mentioned, you`ll stand at the table before the magistrate. Where you are depends on the court you are in. If you are unsure, court staff will tell you where you are. You are also asked to confirm your identity. For example, the clerk will ask, ”Are you John Michael Smith?” Your fees will then be read and you will be asked how you intend to commit to it; guilty or not guilty. The prosecutor will read the facts about the charges for which you pleaded guilty. The prosecutor will show you a copy of your previous convictions (if any) and ask if you accept that they belong to you. The magistrate will ask you if there is anything you want to say.
This is your opportunity to stand up and inform the court about yourself and the circumstances of the offence to explain your actions. This is called your mitigation advocacy. The magistrate will then make a decision on an appropriate sentence and give you reasons. Many federal offences carry mandatory minimum sentences. These offences leave little or no room for pleas, since neither the prosecutor nor the judge can pass under these mandatory minimum sentences at the time of conviction. Depending on the alleged perpetrator`s decision to argue the case, he will either go to trial or be summoned to convict. It is at sentencing (either after the admission of guilt or after the offender has been convicted after a trial) that the mitigation plea can be given. If a person pleads guilty in a criminal case or is convicted at the end of a trial, an oral address may be given in court to assist the court in convicting the offender and ensuring that the offender receives the minimum possible sentence.
Representations may be made by a lawyer or by the offender in person and are called mitigation opposition. No one likes to plead guilty or is found guilty in court, even though this is an unfortunate result of many criminal complaints.