Why Do Most Defendants Get the Order of Mitigation Completely Wrong—And Pay the Price?
Description
When I was indicted, I let my lawyer speak first, then my friends and family. My own voice came last—and weakest. Judge Boulware once said the order of mitigation must start with the defendant. Yet most people get it wrong, and judges see straight through the excuses. In this episode, I break down why defendants can’t outsource their story, why boilerplate hardship claims (“I’ll miss my family,” “I’ll lose my career”) fall flat, and how honesty about privilege, mistakes, and collateral consequences actually earns respect. We even discuss a father with an autistic child who found leniency by admitting the painful truth: he stole from the same program that helped his son. That’s not manipulation—it’s ownership. Judges reward candor and preparation, not silence. If you’re waiting for your lawyer to lead, you’re already behind. Your story has to start with you, and it has to start now.
Justin Paperny
United States
