When you have been convicted of a crime, your sentence may be too harsh or unreasonable. There are special circumstances which your criminal defense attorney can use to bargain for a lesser sentence or no sentence at all. If any of these circumstances apply to you, consult with your attorney.

Death Penalty or Life Sentence When You Are Already Dying

If, during the course of your trial, you are diagnosed with an illness that is typically fatal, your attorney can request that you receive a lighter sentence than the one that is handed to you. Depending on the severity of your crime, the judge may or may not acquiesce to leniency. A life sentence for you, in this case, only lasts as long as the disease allows you to live, in which case the cost of incarceration would exceed what most counties and states are willing to pay.

If the disease is truly debilitating, e.g., Parkinson's or multiple sclerosis, you might be able to reside at home and under surveillance with an ankle bracelet.

Time Served 

If you have already spent months or even years in prison awaiting a trial date, the judge can take that into consideration and reduce your sentence. When you have been a model prisoner during that time, that may also affect the length and severity of your sentence. However, your criminal defense attorney must request this from the judge and the courts, because a judge will rarely take such things into account unless asked.

Age and Influence

Teenagers lack proper judgement when it comes to committing crimes. One case that made national news involved a father convincing his teenage daughter to drive the getaway car for bank robberies. She was convicted and sent to prison even though her only crime was driving the car. Her criminal defense attorney argued that her age made her susceptible to influence and that a parent put her in danger for his own ill intentions. In a case like this, a reduced sentence is acceptable because the teen was more or less following orders from her father.

Other Extenuating Circumstances

Other extenuating circumstances may include mental retardation/cognitive impairment, psychological deficits, and a lack of or missing evidence in a case, despite being able to prove or disprove one's guilt. Although your attorney may mitigate for any of the above, it is still ultimately up to the judge and/or jury. At the very least, your lawyer can request an examination of your circumstances and a reduction in your sentence and leave it in the hands of the court to decide. (For more information on an attorney, contact Davidson Law Center Inc)