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600 SW 4th Avenue Fort Lauderdale, FL 33315
Everybody wants a lawyer in their corner who will fight for them. “Fight” doesn’t always mean what you might think it does. Sometimes fighting for your client means less beating up on witnesses on cross-examination and more presenting as much mitigation evidence to help soften or reduce the client’s exposure to criminal penalties. It may not be as sexy but it can be every bit as effective.
Recently my good buddy Gabe Ermine was in a Capital Murder trial and it was what happened after his phase of the trial that inspired me to write this post. The Sun-Sentinel indicated that Mr. Ermine’s client, who was found guilty of murder, fired his defense team and opted to represent himself in the sentencing phase of his death penalty case. Now, we don’t know why this defendant chose to represent himself and NOT present any mitigation evidence, but attorneys often will hear from potential clients “well, I’m guilty, so why do I need an attorney?” The irony is if you are guilty, you need an attorney more than ever.
The case mentioned above was a homicide case where the State Attorney’s office was seeking the death penalty. It goes without saying that the death penalty is the most severe sentence that a court can impose. Even under Florida’s strict new death penalty law it was not surprising that the jury recommended that the death sentence be imposed because the defendant presented zero mitigation evidence! This murder case is a classic example of why mitigation evidence is vitally important, but the reality is mitigation does not just apply to murder cases; it applies to any case no matter the size or severity . Before you resolve your case, you need an attorney to evaluate and assess all the mitigating evidence that you may have. Your attorney will (among other things):
An attorney is equally important if you are found guilty after trial or if you enter an “open plea” to the judge (where the judge will sentence you to whatever sentence he/she feels is appropriate). The State Attorney will certainly present your criminal history and the testimony of victims. Your attorney will gather as much mitigation evidence as possible to present to the trial judge to counter the damaging information that the State will present. Mitigation evidence comes in many forms:
At the end of the day It doesn’t matter if you are charged with homicide, grand theft or driving without a valid license. No matter the case, make sure you have a lawyer that is not only willing to litigate but also to mitigate. Contact me immediately by phone at 954-908-3399 or by email at matt@matthewglassmanlaw.com so that we can evaluate your case and begin charting the best path for you to move forward !
Matthew Glassman
Please feel free to contact Law Office of Matthew Glassman to arrange for your initial consultation in person or by telephone.
600 SW 4th Avenue Fort Lauderdale, FL 33315