Monday, August 11, 2008

Why would a lawyer present litigation to a judge during sentencing? -

my daughter was found guilty for a class x felony. Her sentecing was postponed 3 times. Her lawyer is slow,,,he s going to present litagation to the judge at the sentencing and also have family speak at the sentencing . help! what s going on? she was interviewed by the probation department. i m just so confused.

Your daughter s lawyer is going to present mitigation at her sentencing hearing. Basically, mitigation consists of family history, life history, etc. The lawyer is trying to present evidence to give the judge a full picture of your daughter and her life so that he can make an informed sentencing decision. My guess is he s trying to get the judge to grant probation instead of sentencing your daughter to serve time or, at the very least, is trying to get a reduced sentence.

well its good for family to speak before a sentencing, the judge might be lenient if they haven t entirely made up their mind. but most likely they have. as for presenting litigation well thats a first i heard of that, unless some big new evidence has just turned up. i would say that your lawyer is probably looking to extend the court case. which means more money for them.

That makes no sense. Litigation is a process, you don t quot;present it.quot; He is probably going to present evidence of good character, rehabilitation or some other mitigating factor at the sentencing hearing.

He s trying to obtain leniency from the judge by showing that your daughter has a supportive family who might help her upon her release. He is also simply pleading for sympathy..trying to get a lighter sentence. It s all an attempt to minimize her sentence..that s it. Hope this helps.

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