Build a Mitigation Strategy

When DEA agents arrested me, I learned that prosecutors had charged me with offenses carrying the potential of a life sentence. If convicted, I would face a mandatory minimum of ten years in prison—the lowest sentence that the judge could impose. Lacking an understanding of the system, I didn't consider a mitigation strategy. I made a series of poor decisions that worsened my situation.

Anyone facing criminal charges should develop an understanding of potential mitigation strategies. The legal system can feel intimidating, but a person who researches can develop more fluency of what is to follow, and possibly consider options. The more a person knows, the more he can empower himself and make informed choices. Start by reflecting on the following questions:

• How will others perceive me when they learn about the charges?
• What resources are available to me, and how can I leverage them?
• How should I prepare before deciding on my response?
• What actions can I take to positively influence the process?
• How will this charge impact the rest of my life?
• What steps can I take now to work toward the best possible outcome?

Thinking critically about these questions and preparing strategically can make a significant difference in navigating the challenges ahead.

What Is a Mitigation Strategy?

A mitigation strategy is a structured approach to presenting evidence about your life, mindset, and actions since the charge. It should evolve over time, depending upon what stage of the journey you're in. At its core, your goal is to address these questions:

• Who are you as a person beyond the case details?
• What circumstances led to your actions, and how have you addressed them?
• What concrete steps have you taken to show you are committed to living as a law-abiding, contributing citizen?

Mitigation isn't about litigating the case. Your strategy should evolve, showing growth at every stage of the process.

Why Mitigation Matters

If you’re preparing for sentencing in federal court, you know the stakes are high. If a judge has already sentenced you, then think about the other stakeholders who will have an influence on your liberty, or your prospectsf or success. People are human. They form biases that can work against you, or favorable opinions that can work in your favor. An effective mitigation strategy can influence people's perception of:

1. The seriousness of your offense.
2. Your potential for rehabilitation.
3. Your commitment to living as a good citizen.

Title 18, Section 3553(a) of the U.S. Code outlines factors judges consider, including:

• The nature and circumstances of your offense.
• Your personal history and characteristics.
• What’s necessary to protect society and promote respect for the law.

By crafting a mitigation strategy, you actively address these factors. Regardless of what stage of the journey you're in, consider steps that you can take to prove that you're a worthy candidate for leniency.

Crafting an Effective Mitigation Strategy

The key to a meaningful mitigation effort is consistency, sincerity, and transparency. Below are six steps to guide you.

1. Acknowledge Responsibility

All stakeholders value honesty. Take full ownership of your actions from the start. Owning your mistakes demonstrates self-awareness and integrity. Avoid excuses or attempts to minimize your role in the offense. Instead, focus on expressing genuine remorse and describing how you’ll prevent similar mistakes.

2. Understand the Root Causes

Think deeply about the decisions and circumstances that led to your crime. Were there outside pressures, personal struggles, or a lack of proper decision-making frameworks? Understanding these root causes allows you to address the "why" behind your actions. It’s not about justifying behavior but showing the court that you’re actively working on your personal growth.

After my arrest, authorities locked me in solitary. I made many bad decisions, including going to trial. A jury convicted me. When I returned to my solitary cell, I began to read. Those books helped to change the way that I think. I realized that although a jury had convicted me for trafficking in cocaine, I started making bad decisions much earlier. I chose the wrong friends, and didn't take my education or preparation for life seriously. I had to change, and to convince others that I would be a worthy candidate to return as a good citizen.

One of the best ways to do this is through education. While in prison, I spent thousands of hours studying to develop academic credentials. Then I worked to develop leadership skills and critical thinking. Pursuit of education changed the way I approached life, and it became critical to my narrative of transformation.

What can you do to begin building a powerful story that will show you're worthy of liberty?

3. Take Action

Talk doesn’t count unless it’s paired with meaningful effort. Mitigation requires demonstrable proof of change:

• Education: Enroll in courses to enhance your skills or better understand your actions.
• Community Service: Volunteer your time and show a commitment to repairing harm.
• Counseling: Attend therapy or addiction recovery programs to address underlying issues.
• Letters of Support: Ask mentors, employers, or leaders in your community to write letters describing your character, work ethic, and contributions.

Each action you take should reflect a dedication to growth and rehabilitation.

4. Document Your Efforts

During my incarceration, I documented everything—from the books I read to the goals I completed. Why? Because tangible evidence speaks louder than promises. I encourage you to open a profile on Prison Professors Talent. You can read about that platform in other areas of our website. Keep a journal of your progress. Save certificates, testimonials, and other records that showcase your dedication. This portfolio will serve as proof of your accountability.

5. Create a Personalized Narrative

The court and all stakeholders need to see you as more than just a name on a case file. A well-structured personal narrative can bring your story to life. Use plain, sincere language to explain:

• Who you are.
• The steps you've taken to improve.
• How you plan to contribute positively to society moving forward.

This narrative becomes the foundation of your mitigation strategy, helping the judge connect with your human story.

6. Iterate and Adjust

My mitigation strategy didn’t just change once or twice during my legal journey—it evolved daily. As shown by the website, I still use the strategy today. As your case moves forward, continue refining your efforts. Demonstrate growth by expanding your actions, deepening your insights, and staying committed to real progress. Every day brings an opportunity to mitigate.

Consider some potential challenges when developing your mitigation strategies:

• Fear of Judgment: Remember, vulnerability and honesty resonate with judges. Don’t hide from your bad decisions. Own them and show how you've addressed them.
• Lack of Direction: Seek advice from people who've gone through the journey, but make your own decisions. No one should work harder on your strategy than you. But guidance may sharpen your efforts.
• Procrastination: Time is limited. Start today, even with small steps. Momentum builds over time.

Questions for Self-Reflection

• What specific actions have I taken to advance me as a candidate for liberty?
• Have I addressed the “why” behind my offense in an honest way?
• How am I documenting my growth and progress every day?

Facing sentencing in federal court is one of the most challenging experiences anyone can endure. Approach your case with discipline, humility, and hard work. If you plan, you can influence the outcome in a positive way. A mitigation strategy is your chance to show stakeholders that your past decisions won't define you. Your response to the challenges will you on a path to more opportunities.

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