Purpose of the Document:
Affidavit of Character / Mitigation (Sentencing) is used in criminal proceedings at the sentencing stage to provide the court with personal testimony about the defendant’s good character and mitigating circumstances. It allows family, employers, or community members to present evidence that may persuade the judge toward a more lenient sentence.
This document is crucial because it adds a human perspective to sentencing and demonstrates the defendant’s potential for rehabilitation.
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Key Legal Grounds and Terms
The Affidavit of Character / Mitigation (Sentencing) is a sworn declaration filed at the sentencing stage. It introduces the defendant’s positive traits, rehabilitation efforts, and mitigating factors like family obligations or community contributions. Key legal terms include “character evidence,” “mitigation,” and “sentencing discretion.”
Step-by-Step Filing Process
- Prepare the affidavit with accurate details and character testimony.
- Sign before a notary or authorized officer.
- Attach supporting evidence such as employment or service records.
- Submit to the court clerk or provide through defense counsel.
Documents Required
- Affidavit of Character / Mitigation (Sentencing) form
- Proof of affiant’s identity and relationship to defendant
- Optional: letters of reference, employment or community service records
- Notarized signature page
Tips for Success
Be concise but specific. Focus on rehabilitation, remorse, and positive contributions of the defendant. Support your affidavit with concrete examples and avoid vague generalities. Well-documented affidavits of character have greater impact during sentencing.