Posted On: February 10, 2013 by Jim Jenkins

Lack of Remorse Cannot Be Used to Enhance Someone's Sentence

In many cases, mitigation of a case should begin at the very outset of a case by the lawyer taking a very proactive position immediately upon taking the client’s case. Often times what is done right away by taking a proactive posture on such things as psychological evaluations, immediately interviewing witnesses, counseling/therapy, substance abuse rehabilitation, letters of apology, etc. are some things that can be used early in a case that can have a tremendous favorable impact on the outcome of a case. I published an article in a Westlaw publication, unfortunately West has the copy right or I would link you to the article here, about building a mitigation case from the beginning, regardless if the case may be one that ultimately may go to trial. Caveat: these measures should NEVER be done without the guidance of an experienced lawyer who is ethical and skilled at negotiation and trial practice. In other words, Clients or those charges SHOULD NEVER do these things on their own.
The First District Court of appeals yesterday reversed a trial court for imposing a greater sentence because the convicted defendant did not show remorse. WE all know that innocent people get convicted every day throughout our country. How could we expect someone who is truly innocent to show remorse. In Dumas v. State, 1D12-1275 (Fla. 1st DCA Feb. 8, 2013) the First District Court of Appeals in Florida that includes Pensacola all the way to Defuniak Springs reversed a trial court because it imposed a longer sentence because the accused did not show remorse. Bravo for the First DCA.