CRIMINAL MITIGATION
Think there's no way out? There is still a lot we can do.
Maybe you were caught on video. Maybe you already told the police what happened. It can feel like the case is over before it starts. It isn't. The evidence is only part of the story, and the rest of the story is who you are.
We build mitigation packages that show prosecutors and judges the whole person behind the police report: your history, your work, the people who rely on you, and the steps you are already taking to make things right. Then we sit down with the prosecutor and advocate for a better outcome.
Humanizing you to the people deciding your case
Prosecutors decide what to charge and what to offer. Judges decide sentences. Both are making decisions about a person they have only seen on paper. A mitigation package changes that. It gives them reasons, backed by evidence, to resolve your case with a lesser charge, probation instead of jail, or a shorter sentence.
Mitigation is not an excuse for what happened. It shows where you came from, who you are today, and the progress you are making. We look for ways to show that you are constantly improving yourself and that your community is better off with you in it.
What a mitigation package can include
No two packages are the same. We choose the pieces that fit your case and your life.
Psychological evaluation
Conducted by a licensed psychologist. It provides a diagnosis and, in some cases, a risk assessment, along with an opinion on what led to the incident and what treatment or supports can be put in place so you do not reoffend.
Dual diagnosis evaluation
A step down from a full psychological evaluation. It covers both substance use and mental health, and the report can run more than 10 pages, with background on your life.
ASAM drug and alcohol evaluation
A standardized substance use assessment that identifies the right level of treatment, which can be started before your case resolves.
Mitigation investigation report
A mitigation investigator prepares a comprehensive report on your life, including childhood trauma and other events that shaped who you are today. We may include an Adverse Childhood Experiences (ACE) score.
Character letters and video
Letters from family, friends, employers and mentors. In some cases we hire a team to film character statements and submit a video compilation.
The value you bring to your community
Employment records, volunteer work, college enrollment and the other things you are doing to move your life forward.
Treatment records
What you have done while the case is pending to address the problems that may have led to the incident, such as counseling, substance use treatment or classes.
Polygraph examination
When a specific fact is important to the case, we may have you sit for a polygraph and include the results.
From "I'm going to prison" to a plan
- 1
An honest review of the evidence
We go through the police reports and video with you and tell you plainly where the case stands, including any defenses worth pursuing.
- 2
Getting to know you
We learn your history, your family, your work and what led to the incident. This is where the strongest mitigation usually comes from.
- 3
Building the package
We line up the right evaluations, records, letters and reports, and help you take steps such as treatment, classes or volunteering that show real change.
- 4
Advocating with the prosecutor
We present the package and negotiate for a reduced charge or a better offer, often before the case is set for trial.
- 5
Sentencing, if needed
If the case goes to sentencing, the same work helps the judge see the whole person before deciding.
What mitigation work costs
Our mitigation work is billed at an hourly rate, because every package is different. Some parts of a package come from outside professionals, and those costs are separate from our fee. We talk through what makes sense for your case before anything is ordered.
| Item | Typical cost | Notes |
|---|---|---|
| Psychological evaluation | $3,500 to $8,000 | Depends on the evaluator and the scope of the report |
| ASAM drug and alcohol evaluation | About $500 | Often the first step toward treatment |
| Dual diagnosis evaluation | About $1,200 | Covers substance use and mental health |
| Mitigation investigation report | $500 to $800 | Prepared by a mitigation investigator |
| Polygraph | $500 to $600 | Only when an issue in the case calls for it |
| Character video | Varies | Used in select cases |
Common questions
Is it worth hiring a lawyer if I know I'm guilty?
Yes. Being guilty of something is not the same as being guilty of everything you are charged with, and the difference between a felony and a misdemeanor, or between jail and probation, can shape the rest of your life. A lawyer who knows how to negotiate and present mitigation can make that difference.
The case is on video. Is there anything you can do?
Often, yes. Video shows what happened in a moment. It does not show who you are, why it happened, or what you have done since. Our recent results include cases with video evidence and confessions that were resolved as misdemeanors.
Should I start counseling or treatment before my court date?
It can help, but talk with us first. The timing and the provider matter, and we want the work you do to count in your case.
What is an ACE score?
The Adverse Childhood Experiences (ACE) score is a measure of childhood trauma, such as abuse, neglect or household instability. A high score can help explain how someone's history shaped their choices.
Does the prosecutor actually read this?
A well-organized, credible package gets read. We keep it focused and present it in person so the key points land.
How much does it cost?
Our mitigation work is hourly. Outside costs such as evaluations depend on what your case needs. We explain the options and costs before anything is ordered.
Related: All practice areas · Client reviews · Articles
Your case is not over. Let's talk about what is possible.
Call 503-453-4273 to schedule a consultation. The earlier we start, the more time there is to build your mitigation.
Schedule a consultationThis page provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Case results are shared without identifying clients. Every case is different, and prior results do not guarantee a similar outcome. Third-party costs are estimates and may change.