How do defendants representing themselves do mitigation?
Discussion
Perhaps the answer to this is as simple as "only morons represent themselves due to this sort of thing" but how can defendants representing themselves do the "remorse"/"apology" bit of mitigation convincingly? It seems almost impossible to me to claim simultaneously that you're really sorry about xyz, but also that your doing xyz was not that big a deal because of abc...
Riley Blue said:
Easy to state, too hard to prove genuine.
Odd comment. Some examples here:Edited by Riley Blue on Saturday 11th May 07:43
https://vhsfletchers.co.uk/credit-for-your-guilty-...
Can't help with the OP but it made me think of the recent example of how not to do it 
Bloke just doubled down in court and is now facing prison.
https://www.dailymail.co.uk/news/article-13386619/...
Bloke just doubled down in court and is now facing prison.
https://www.dailymail.co.uk/news/article-13386619/...
agtlaw said:
Riley Blue said:
Easy to state, too hard to prove genuine.
Odd comment. Some examples here:Edited by Riley Blue on Saturday 11th May 07:43
https://vhsfletchers.co.uk/credit-for-your-guilty-...
Mitigation, to me, is providing a court with a justifiable reason for leniency.
Riley Blue said:
It's too easy for people to say or write, "I'm sorry for what I did." when what they really mean is 'I'm sorry I was caught doing what I did'.
Mitigation, to me, is providing a court with a justifiable reason for leniency.
I provided you with quite a a long list. Mitigation, to me, is providing a court with a justifiable reason for leniency.
Anyway, if you’re bored at 3 a.m. then take a look at the Sentencing Council website. Lots of info on there.
You can be contrite whilst highlighting the offending isn't as bad as it could've been. The two aren't mutually exclusive.
If your actions during and since the offending contradict your stated remorse the court might take your words with a pinch or salt but otherwise shouldn't be quite so cynical as your average Pistonheader.
If your actions during and since the offending contradict your stated remorse the court might take your words with a pinch or salt but otherwise shouldn't be quite so cynical as your average Pistonheader.
I have done my own mitigation at Wellingborough Magistrates last week and succeeded in both keeping my License and saving £1000 for a Lawyer in the process . I was delighted to see a few others doing likewise . I contacted the Legal Chap who posts on here but sadly he couldn't take my particular case owing to being previously engaged . He was kind enough however to give me a few pointers which I expanded on . If I can help in any way feel free to PM me .
I represented myself at crown court to overturn a magistrate’s decision of a ban.
I was caught with no insurance due to an admin error.
Magistrates gave me 6 points & no fine as they could see it was a case of an honest mistake. But the minimum guildlines for no insurance was 6 points.
As I had 6 already for speeding i was banned for totting up, despite 3 points being 2 years & 10 months old.
I appealed.
Crown court gave me a 28 day disqualification & wiped my license clean.
No magic. Just clearly & calmly explaining the facts.
Listening to the question & not going off on tangents.
Judge even timed my ban for when I was due to be away at sea, which was nice.
I was caught with no insurance due to an admin error.
Magistrates gave me 6 points & no fine as they could see it was a case of an honest mistake. But the minimum guildlines for no insurance was 6 points.
As I had 6 already for speeding i was banned for totting up, despite 3 points being 2 years & 10 months old.
I appealed.
Crown court gave me a 28 day disqualification & wiped my license clean.
No magic. Just clearly & calmly explaining the facts.
Listening to the question & not going off on tangents.
Judge even timed my ban for when I was due to be away at sea, which was nice.
A man who represents himself has a fool for a client, said Abraham Lincoln.
On the various occasions when a defendant has elected to self-represent in the cases I was involved with over the past 30 years, two things have always happened.
1. They have always (on account of their experience of the cut and thrust of the courtroom discourse coming from television) said “ I put it to you, Officer”.
2. They have always lost their case.
On the various occasions when a defendant has elected to self-represent in the cases I was involved with over the past 30 years, two things have always happened.
1. They have always (on account of their experience of the cut and thrust of the courtroom discourse coming from television) said “ I put it to you, Officer”.
2. They have always lost their case.
MickyveloceClassic said:
A man who represents himself has a fool for a client, said Abraham Lincoln.
On the various occasions when a defendant has elected to self-represent in the cases I was involved with over the past 30 years, two things have always happened.
1. They have always (on account of their experience of the cut and thrust of the courtroom discourse coming from television) said “ I put it to you, Officer”.
2. They have always lost their case.
I have done it twice , once at Wellingborough a week or two back and almost 30 years ago at the old Barnet Magistrates on the High Street . I found the Magistrates both fair and helpful , I suppose when you dispense with Legal Representation the Magistrates get a better idea of whom they are dealing with rather than some inevitably Legal Junior talking the usual guff . I vividly remember the one at Barnet having the gall to tell me I was a totter and would be banned . My next words to her " if that's the case why am I paying you £300 , you best do one " and again I was allowed to leave with my license intact .On the various occasions when a defendant has elected to self-represent in the cases I was involved with over the past 30 years, two things have always happened.
1. They have always (on account of their experience of the cut and thrust of the courtroom discourse coming from television) said “ I put it to you, Officer”.
2. They have always lost their case.
Please don't think I am setting myself up as some know all wide boy because that's far from the case . My reason for posting is simply to tell everyone that with a little bit of preparation you have nothing to fear by representing yourself . In fact if you are on a low wage with no legal aid and facing a £1000 bill for a Lawyer you may have no other option
About 20 years ago, I was stopped for 200kph in Luxembourg. I had been on the motorway for less than 2 km and was planning to exit at the next junction where the police stopped me. I was certain that I’d got nowhere near the speed limit yet alone 200. I have a vague memory of being overtaken by someone at high speed but maybe that’s just my brain filling in blanks. I took very expensive legal advice and my counsel advised me to represent myself in court. She told me to ask the witness, (the police officer), if it was possible that he’d mistaken my car for another. She’d already figured out that the police didn’t have video. So that’s what I did. On the stand, the policeman replied, “anything’s possible but…”. The magistrate cut him off and dismissed the case.
And it genuinely wasn’t me.
And it genuinely wasn’t me.
MickyveloceClassic said:
A man who represents himself has a fool for a client, said Abraham Lincoln.
On the various occasions when a defendant has elected to self-represent in the cases I was involved with over the past 30 years, two things have always happened.
1. They have always (on account of their experience of the cut and thrust of the courtroom discourse coming from television) said “ I put it to you, Officer”.
2. They have always lost their case.
I did just get a parking ticket overturned with Newcastle council (basically their signage was inadequate and I could prove this; indeed I had thought I was parking legally so there's a reason for those standards... although I accept thinking I could park right outside Grainger Market for free was probably a bit dubious, but I wasn't thinking).On the various occasions when a defendant has elected to self-represent in the cases I was involved with over the past 30 years, two things have always happened.
1. They have always (on account of their experience of the cut and thrust of the courtroom discourse coming from television) said “ I put it to you, Officer”.
2. They have always lost their case.
But I agree. I was kinda musing on how it would be if parking tickets all went to court when the question in the OP entered my head...
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