MITIGATION

Due to Arizona’s mandatory sentencing statutes, Mitigation has become essential in criminal cases where the factual bases of the case are difficult to overcome and a Defendant is in need of documentation to (1) persuade the Prosecution towards a reasonable settlement and/or (2) give information to the Judge at sentencing to justify a term less than the designated presumptive.

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What is Mitigation?

Mitigation identifies extenuating circumstances of the charged events that might prove vital to reducing charges and/or reduce possible sentencing outcomes of a criminal case.  Mitigation work ideally begins simultaneous to all case investigation work and can be instrumental in settlement negotiations as well as sentencings.  DeSayeDI is one of the few firms in the State of Arizona that conducts Mitigation Investigations simultaneous to Allegation-Challenging Defense Investigations.

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Why is Mitigation Essential in Every Criminal Felony Case?

The Prosecution has many tools at their disposal to ensure an extensive prison term outcome in Arizona including the mandatory minimum sentencing guidelines as well as the various mandatory sentencing enhancements written into Arizona law.  A Judge cannot go below the Presumptive term outlined in the sentencing guidelines unless Mitigation is presented and proven to outweigh any Aggravation presented by the Prosecution.

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How the Use of Mitigation Has Evolved in Arizona

Previously in the Arizona felony criminal justice climate, Mitigation was only provided on Capital cases where there was an obligation to provide every possible Defense prior to the execution of a death sentence.  As the mandatory minimum sentencing  guidelines became harsher and as they placed all the power in the prosecution's hands, settlement offers on non-Capital felony cases became higher and higher for Defendant's.  Even without any direct Victim in a case, Defendant's face decades in prison for even repetitive drug possession when only harming themselves.

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Every criminal case Defendant in Arizona has Aggravation presented by the Prosecutor in their Sentencing Recommendation composed for the Court.  There is also a Presentence Report written by the Arizona Probation Department in which all of the most negative components in the case and about the Defendant are highlighted.  So every sentencing begins with the Judge having at least two (2) documents provided that usually are supporting a harsher sentence than the Presumptive.

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Only in 2018 did the Arizona Rules of Criminal Procedure outline that Defendants were entitled to having Mitigation Specialists (even if they could not afford one privately) in non-Capital cases as an essential part of criminal Defense case work.  Even then (and now) if a Defendant is unaware to request Mitigation, he/she may not receive this critical component and he/she can still have this request rejected. 

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Defendant's have every right to have Mitigation work completed in their case for any felony level case and if they are not in a position to pay for it privately, they must insist on receiving it when within the Indigent Defense system in Arizona.    

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What Does DeSayeDI Do WIthin Mitigation Investigation?

DeSayeDI has been producing influential Mitigation work for over ten (10) years.  We explore various targeted areas to assist the Defense in negotiating lessor charges and/or reduce sentencing based upon a variety of mitigating factors that may exist in each individual’s history and/or that are present within the case facts.

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DeSayeDI explores all areas of a Defendant's history to identify any and all possible Mitigating Factors.  We attempt to gather records and documents in support of the Mitigating Factors identified. We conduct research and include Expert Opinions on various Mitigating Factors identified.  Often identification, qualification, and coordination of Forensic Experts to conduct additional evaluation is also a critical part of presenting meaningful Mitigation. 

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We compose comprehensive written reports along with exhibits.  We also create Mitigation Videos. 

Response to DeSayeDI Mitigation

We have received great feedback from Judges on our Mitigation Packages and Videos and the assistance this vital work provides the Court when making difficult sentencing decisions.  We have also been approached by Prosecutors who have acknowledged the assistance our packages have provided to them when trying to reach case settlement.  Prosecutors who genuinely represent Justice in the true sense of the meaning embrace our information and attempt to utilize it to reach a more just case resolution.