Statistics show that 80 percent of arrests or indictments end in conviction. Success in the sentencing stage depends upon the presentation to the court of appropriate and innovative ideas.
Mitigating Factors. These provide an explanation of how the client got from “there to here.” In any client's situation, there are always mitigating factors that the judge should consider during sentencing.
A comprehensive investigation will reveal such mitigating factors which will provide the focus for the development of a plan to demonstrate for the judge that the client presents a diminished or negligible threat to the community. (Example: random drug and alcohol screening while client is out on bond.)
Mental Illness Screening. There may be significant signs and symptoms of mental illness that would warrant further evaluation and diagnosis. While the sentencing report may summarize these signs and symptoms, this summary alone is insufficient. It can be significantly more persuasive to the court if the consultant were to provide a comprehensive plan that includes treatment, employment opportunities, and integration into a community living situation.
It is also important to include a description of any emotional or personality factors that may have led to the client's situation.
Interacting with the Probation Officer. The Staff at the Department of Corrections typically are hampered by limited time and resources in their efforts to develop creative yet realistic alternatives to prison. Department guidelines and supervisor directives limit what they can suggest at the hearing. The sentencing consultant often can assist the probation agent by providing records and other relevant information to which the DOC staff may not have had access. In turn, probation agents may be willing to listen to or brainstorm new ideas.