Frequently Asked Questions (FAQs)
The office of Clinton J. Roberts & Associates, Inc., has prepared answers to the most frequently asked questions about criminal defense mitigation.
1. What is criminal defense mitigation?
Mitigation, generally defined is to make less severe. As criminal defense mitigation specialists, our job as members of the defense team, is to clearly define and tell the full story of the defendant’s life so that the judge and the jury will consider positive aspects of the defendant’s history and give careful consideration to a less severe and reasonable sentence as requested by your defense counsel.
2. Is the Judge in a criminal case obligated to take mitigated factors into consideration?
Yes, while the extent and detail of the facts in all types of criminal offenses from violent and non-violent crimes to even death penalty cases, requires special consideration, the judge is obligated to take mitigating factors, life experiences, education, military service and community involvement into consideration.
3. What do you do?
Our job is to carefully and completely investigate the defendant’s full background and to provide that detail to the defense attorney for eventual presentation to the judge and the jury.
4. When should you be brought into the case?
As soon as possible once the defense attorney has been retained by the defendant or appointed by the court. Because of the significant amount of experience that we have had in evaluating a full range of cases, the earlier the better so we can fully participate with defense counsel in establishing strategy towards the most effective defense. Creating a full history through interviews with family, community and work colleagues, physicians and others takes time and needs to be available to the defense attorney early in the case.
5. Are your services included in those of my defense counsel?
While we are members of your defense team, we are not paid by your attorney and our fees are not included in your attorney’s fees. We are paid separately and will provide you a detailed estimate once we understand more about your case and can evaluate the amount of time anticipated to help create a strong and effective defense with your counsel.
6. What are the next steps?
If you have retained an attorney, we should begin with a discussion with that individual. You can provide us the name and contact and we will take if from there. If you have not retained an attorney and seek our recommendations, you or a family member may call us directly and we will ask certain details about your case and provide suggestions.