9. Early Mitigation Efforts

When people first hear that the government has brought charges against them, most react the way I did decades ago: fear, confusion, and a desperate hope that a good lawyer will somehow make it all go away.

I learned the hard way that a legal defense is only part of the story. The other part—the part no one explained to me—was mitigation. That’s the record you build of who you are, what you’ve learned, and how you intend to live differently going forward.

I didn’t fully grasp this until after I was sentenced. Over 26 years in federal prison, I interviewed thousands of people. I wrote their stories. I saw how some earned leniency and opportunities, while others lost them. Since my release, I’ve spoken with judges about what influences their decisions. You may help yourself by learning more about how to work toward the best possible outcome.

Let me offer ten lessons I’ve drawn from personal experience, and what I’ve learned from others.

1. Start Early

One man I met inside used to say, “Hope isn’t a strategy.” He was serving a long sentence and admitted he had wasted his first year waiting to see what would happen. By the time he realized he should have been preparing a record, the chance to influence his judge had already passed.

Judges see hundreds of defendants a year. They can tell who has been working steadily to change and who starts scrambling a month before sentencing. If I could go back, I would have started documenting my journey from the moment of my arrest, when authorities locked me in solitary confinement. That was the time I should have begun to reflect, to begin untangling the mess I had gotten myself into. It would have been a first step.

2. Write Your Own Story

In prison, I interviewed men who had been portrayed in court as monsters, or complete scam artists. Many of them had families, careers, and contributions that never came up in their cases.

The government had reduced them to a single narrative: their crime. Don’t let that surprise you. The prosecutor’s job is to convict, and you should expect the entire prosecutorial team to work toward a victory as they define it–a conviction.

Your personal narrative is your chance to correct that imbalance. Judges have told me they want to understand the human being in front of them, not just the defendant in the indictment.

The judge will only get to know you if you take the time to explain your background, the mistakes you made, and what you’re doing to change. Learn steps you can begin taking today to help your judge see the totality of your life. You should expect prosecutors to write a narrative that you will not like. It’s your job, not your lawyer’s job, to write a more accurate story that reflects the reasons that you’re a great candidate for mercy.

3. Be Honest About Struggles

I remember a man who was with me in prison. He admitted that he had battled alcoholism for years. He hadn’t disclosed it in his presentence report because he thought it would make him look bad. By staying silent, he disqualified himself from the Residential Drug Abuse Program—one of the few opportunities to get administrative relief, which means an earlier release date.

Hiding struggles doesn’t protect you. It shuts doors to opportunities for you to change the outcome of your life. As happened to many people I met in prison, a bad strategy could also disqualify you from getting the benefit of administrative programs that could lead to an earlier release date.

If substance abuse or mental health is part of your story, acknowledge it and show what you’re doing to address it. Judges respect honesty. Learn everything you can about the system so that you can put yourself in the best position for a better outcome.

4. Demonstrate Service

While serving my sentence, I met people who led tutoring programs, faith groups, and charitable projects, even from within prison walls. Those efforts became valuable assets in their self-advocacy later. Learn everything you can about memorializing your journey, because courts and opportunities in the communities will consider your adjustment.

Community service doesn’t have to be some magnificent gesture. It just has to be real and verifiable. I’ve spoken with many judges who told me they look for evidence that a person is thinking beyond themselves. Service shows accountability in action.

5. Keep Learning

Some of the most inspiring men I met in prison were those who treated every day as a chance to learn—earning degrees, mastering trades, or even teaching others. Education should show that a person is preparing for a law-abiding, productive life after prison.

That lesson carried me through my own time inside. I read constantly, wrote daily, and built skills I would need upon release. Judges don’t just want to see who you were; they want to see who you’re becoming. It is the reason I encourage every person in our community to use our “Profile” system to memorialize every step they’re taking to prepare for success upon release.

6. Collect Character Letters That Matter

Weak character reference letters all look the same: a pleading for mercy. The strong ones are more intentional. They describe who the person is, what values they’ve shown, and why the writer continues to stand by them.

Judges have told me they do not put much value on letters from people who try to tell them what to do. They look for letters that reveal insight into a person’s true character, not instructions on how to sentence. Gathering those letters takes time and guidance, but they can shift how a judge sees you.

7. Financial Responsibility

Restitution is frequently part of a criminal sanction. Judges routinely see defendants promise to pay after sentencing but never follow through, and they grow cynical when they hear promises without proof. Don’t go to court and offer happy talk about what you’re going to do.

Start making small payments toward restitution early. Even small payments show a great deal. If you send $50 a month to your attorney, and ask that he reserve it for your restitution, and keep a record, you will earn credibility. Judges notice. They see action, not just words. Memorialize every decision you’re making to show a commitment to reconciliation.

8. Keep a Record

Inside, I kept meticulous journals. I tracked the books I read, the projects I completed, the lessons I learned. Those records would become part of the record I intended to build, proof that I wasn’t just talking about growth. As time passed, the record made my story about a commitment to reconciliation self-evident.

When I meet with people going through the system now, I encourage them to document everything. A spreadsheet, a journal, a profile on Prison Professors—it doesn’t matter the format. What matters is that it shows a consistent pattern of effort.

9. Use Available Resources

I launched our nonprofit, PrisonProfessors.org, for many resources. But every lesson on the website is free. I share them because I remember what it felt like to sit in a cell wishing I had a guide.

Today, I spend my time advocating for system-wide reform and speaking directly with policymakers and judges. But the most important thing I can do is equip people like you with resources I wish I’d had.

10. Stay Authentic

I’ve seen defendants who tried to fake remorse at the last minute. Judges saw right through it. These are experienced professionals. They are not easily fooled.

The people who made an impression were those who worked consistently over time. Rather than a performance, they documented all the steps in their mitigation strategy, showing real change. Judges told me that authenticity separates people who are worthy of leniency from those going through the motions.

Final Thoughts

Mitigation is not about spin. It’s about taking control of what you can. Writing your story. Documenting your progress. Showing, through consistent action, that you are more than the government’s version of you.