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How do you write a mitigation plea?

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Quick Answer

When writing a mitigation plea, the accused should include information that helps the court to understand the offender’s circumstance, encouraging the judge to give a less serious penalty, according to Legal Aid. It should include pertinent issues, such as defendant’s responsibilities, a difficult financial situation and explanation of the crime.

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Full Answer

A mitigation plea offers the convicted offender a chance to provide information that the judge can use to make an appropriate sentence, according to Legal Aid. In the plea, the defendant should explain the circumstance of the offense, willingness to and conditions for change so that the mistake is not repeated, good work history, the fact that the offender cooperated with the police and apologized to the victim of the offence, and any responsibilities such as taking care of parents. For example, if the probable penalty is a fine, the offender may inform the court, through the mitigation plea about his financial difficulties.

The mitigation plea should not include a suggestion that the offense was trivial or minor, or appear to tell the court what specific penalty to give, warns Legal Aid. Instead, it should only suggest that a certain penalty would be more suitable due to the offender’s specified situation.

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