Why Some Defense Lawyers Shy Away from Mitigation Experts

In this video, I discuss a common challenge defendants face in government investigations: the harsh truth about sentencing mitigation efforts.
Despite significant investments in time and resources, a client learned from their lawyer yesterday that their mitigation efforts will not influence the judge's decision.
This situation raises questions about why some lawyers may downplay mitigation efforts. Possible reasons include a reluctance to embrace new ideas and past negative experiences with consultants who made false promises.
Despite these challenges, defendants must hold their lawyers accountable and document their mitigation efforts. Doing so can influence their sentencing and increase their chances of securing an earlier release from federal prison.
Justin Paperny
[e-mail] - 818-424-2220
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[@jameshorton4261]

I really appreciate your videos. I spent 5 years in federal prison and 6 months in half way house being released about 10 years ago. I wish I had had these as a resource when I received my target letter. At that time I spoke with several attorneys who advised me that they could be of limited help. (probably because I didn't have any money) and went the public defender route. One of the most interesting times in my presentence process was having her prepare with me for our meeting with probation. I told her that I wanted to make sure the I gave them enough information to qualify for RDAP. She asked me if I was sure that I wanted to make statements about alcohol abuse since they could possibly be detrimental to me in the future. I looked at her and asked if my alcohol abuse would be more detrimental than my 5 felony convictions!! This lady is now a professor at a law school and teaches criminal law. Yikes!!

[@pjt3887]

I have a friend right now that's looking at 27 years. They used a public defender. Now they've hired an attorney seem to be stuck in the sense that they can get a last-minute appeal. The denial runs deep. They are due for sentencing in less than 2 weeks. I've tried in vain to get this individual to listen to you and your channel. They are very smart and if they would have used this time to get prepared. They wouldn't be dealing with as much crushing depression. My concern is the abuse of alcohol. Going off to jail as a daily alcoholic is not going to be good. I doubt this person will be honest in regards to their alcohol misuse and they should be put in detox. Obviously they will not get that. Making them a prime candidate for having a grand mal seizure. When you're a chronic alcoholic you can't stop cold turkey.

[@ScottyCarper]

SOME attorneys are missing the big picture here. By their own admission their job often stops at sentencing. WHICH IS REALLY ONLY THE BEGINNING. They should embrace experts who can help serve their clients additional needs. We rely on them for the law, they should rely on us for navigating the system effectively. Collaboration, not conflict, is the absolute best play.

[@WhiteCollarAdviceOfficial]

Such a wonderful comment. Great quote I will use (and credit you), "Collaboration, not conflict."

[@dangerdingle900]

If their best advice was "we can't help" then taking a fee is tantamount to fraud.

[@tod3msn]

Any idea is worth trying. The problem some lawyers are mediocre talents. Who a defendant picks is the luck of the draw. However, if a lawyer says “it won’t work” and shuts down all discussions of an idea without kicking the tires and trying the idea then that is a lawyer a defendant should avoid.

[@robertmueller2023]

I have the best attorney of them all ... mass public opinion.