Why hire a sentencing advocate?
• Extensive analysis of a client’s employment, academic, medical, mental and social histories are often too time consuming and expensive when conducted by the attorney.
• Clients benefit at every stage of their case from maximum focus on the eventual disposition of the case.
• Sentencing advocates help the parties to understand the crime; the mitigating factors; the past, present and future motivations of the client; and the benefits of sentencing alternatives.
• Early use of a sentencing advocate can aid defense counsel in highlighting issues for discovery, defense motions, plea negotiations, evidentiary and, of course, sentencing hearings.
• Early framing of sentencing alternatives can, at trial, help counsel to bring out information that will be useful to the client at sentencing.
• A sentencing advocate can assist clients in securing housing, treatment, employment, vocational and academic training.
A sentencing advocate will:
• Spend more time “walking in the client’s shoes,” visiting the client's home and family, getting to know what life was, is and can be for the client.
• Build a theory of sentencing. He or she will consider, but not be constrained by, the classic purposes of sentencing (punishment; control in the community; restoring the victim; holding the offender accountable; rehabilitation; and deterrence).
• Locate, analyze and facilitate maximum use of resources like: psychiatric, psychological and substance abuse assessments, diagnosis and prognosis of mental and medical issues, expert opinion, academic and employment histories and references.
• Refer clients to counseling, treatment programs, housing, employment and other resources in the community prior to trial that can establish a record of success before sentencing, and may comfort the court in considering a particular sentencing plan.
• Offer the court a reasonable and achievable plan for the client's future, that the client has designed based upon personal aspirations, abilities and responsibilities, and that fits the theory of sentencing that is developed.
• Solicit from the prosecutor, victim(s), and law enforcement, constructive input and necessary considerations in formulating an alternative sentence that is most agreeable to all parties.
• Assist the client in preparing necessary information for probation and, as needed, participate in pre and post sentencing interviews with pretrial, probation, and/or community control officers.
• Facilitate deposition by pre-interviewing certain relevant witnesses and soliciting useful information.
• Monitor client’s progress on pre-trial release, probation or community control, mediate and coordinate as needed to facilitate successful completion.
• Provide the court with timely and accurate reports of client progress, problems, or need to modify conditions of release.
