You may never have heard of a “good guy/gal packet.” But if you’re a criminal defendant or ever become one, this packet — sometimes called a “mitigation packet” — could be a blessing. 

These packets generally come into play during plea negotiations. Information in the packet, such as evidence of a solid work history or completion of drug counseling, could mean the difference between going to jail or prison and not spending time behind bars.

Understanding the “Good Guy/Gal Packet” and Its Components

A “good guy/gal packet” is shorthand for a collection of documents, known as mitigation documents, that highlight positive and perhaps even negative aspects of a criminal defendant’s life. The packet is designed to help persuade a prosecutor to be lenient and help persuade a judge that the defendant isn’t likely to be a repeat offender.

The goals of the packet include reducing the charge or sentence, for example.

“Mitigation is the story-telling part of representing the criminal defendant. Where the prosecution talks about the crime and the victim, mitigation talks about the story of the defendant as a person before the crime, after the crime, and in the future,” says West Virginia Public Defender Services, a state agency.

“​​Mitigation is part of zealous advocacy,” the agency adds.

“Zealous advocacy” refers to a defense attorney’s “duty to represent a client zealously within the bounds of the law,” according to an article published by the Journal of Crime and Justice. (In fact, our belief in this value is why our website is called ZealousAdvocate.com).

Elements of Mitigation

Mitigation might include:

• Evidence of trauma, abuse, neglect or deprivation suffered by the defendant and how that affected the defendant’s behavior.
• Turning points in the defendant’s life that led to criminal charges.
• Evidence of remorse on the part of the defendant.
• Evidence that the defendant is a “good person.”
• Evidence that the defendant holds the potential for reform.
• Accomplishments that could help offset wrongdoing.

Mitigating Factors in a Criminal Case

Based on our experience, the most common mitigating factors in a criminal case include the defendant’s:

• Lack of a criminal record
• Minor role in the crime
• Mental or physical illness
• Remorse
• Past circumstances (such as abuse) or circumstances at the time of the crime (such as stress)

Assembling the Perfect “Good Guy/Gal Packet”

A “good guy/gal packet” can be a key tool used by a defense attorney in the plea-bargaining process, with the goal of the defendant pleading guilty in exchange for a lighter sentence or dropped charge. Some of the documents that might show up in the packet are:

• Marriage certificate
• Divorce paperwork
• School transcripts
• Health records
• Employment records
• Military records
• Letters of recommendation
• Family photos
• Photos of participation in volunteer activities
• Short essay written by the defendant about their life experience and life goals

The packet is often submitted to the prosecutor handling the criminal case. The following sections detail what we like to include in our “good guy/gal packets.”

Employment Verification

One key element of a “good guy/good gal packet” relates to the defendant’s employment.

Components of the employment information might include:

• Resume
• Job description
• Pay stubs
• Certificates recognizing outstanding work performance
• Job performance reviews
• Proof of job searches

Screenshots of this information can be used, but ideally the packet should contain copies of original documents.

Letters of Recommendation

Letters of recommendation supporting a defendant can be valuable in putting them in a positive light, possibly leading to a lesser charge or a more lenient sentence. Just two or three letters might be sufficient.

These letters might explain, for instance, that the defendant:

• Has been a solid, dependable employee
• Has no criminal history
• Has otherwise been an upstanding citizen
• Has shown remorse regarding their action

Each letter should be addressed as “To Whom It May Concern.” The letters should be turned over by an attorney to a prosecutor or judge; a defendant shouldn’t submit recommendation letters.

A letter might be an original document, a photocopy of an original document, or a PDF of an original document.

A recommendation letter could come from people such as a:

• Boss
• Teacher
• Charity leader
• Respected member of the community

Relevant Medical Records

If a defendant’s medical history is relevant to the criminal charge, the mitigation packet likely will include the defendant’s medical records. These records could help lead to a lesser charge, a dropped charge, or a more lenient sentence.

Medical records might show, for instance, that the defendant was being treated for stress at the time the incident occurred and that this stress contributed to the defendant’s action.

Medical records might lay out a history of the defendant’s impaired cognitive abilities, and this impairment played a role in the defendant’s involvement in the incident. Cognitive abilities include perception, learning, memory, understanding, awareness, reasoning, judgment, intuition, and language, according to the American Psychological Association.

Showcasing Achievements

Showcasing a defendant’s achievements might boost the value of a “good guy/gal packet,” as these achievements can underscore a defendant’s generally good reputation.

Jury instructions published by the Massachusetts court system indicate that learning about a defendant’s reputation may help jurors decide innocence or guilt. “In some cases, a person’s good reputation may cause you to doubt whether a person of that character would commit such an offense,” the jury instructions say.

Copies of certificates and other proof of these achievements can be included in the packet. These achievements might include:

• Awards from an employer
• Honors received during military service
• Transcripts showing exceptional grades
• Community service awards

Documentation of Counseling

In some cases, including documentation that a defendant has undergone counseling can strengthen a “good guy/gal packet.” In fact, this documentation might help when a defense attorney seeks a plea-bargain agreement, for example. However, it may not ultimately affect whether a judge or jury finds a defendant innocent or guilty.

Overall, proof of counseling can shed a positive light on the defendant and demonstrate the defendant’s remorse about the crime. For instance, a defendant may have seen a therapist to unravel what caused the defendant’s participation in the incident, or might have gotten alcohol or drug counseling to halt substance abuse that contributed to the crime.

Charitable Activities

Including information, such as photos, about the defendant’s charitable work in the packet can also paint a better picture of a defendant’s character.

For instance, perhaps the defendant has volunteered at a food bank for seven years and has been recognized several times by the food bank for their charitable work. To emphasize this positive activity, photos of the defendant volunteering at the food bank might be added to the packet.

Family Photos and Academic Records

Family photos and academic records included in a “good guy/gal packet” can help make the case for a defendant’s charge being reduced or dismissed, or their sentence being more lenient.

Family photos can help demonstrate that the defendant is a good parent. For example, they might show the defendant attending their children’s sporting events or participating in PTA meetings at school. These photos might also show that the defendant is a dedicated caretaker for a parent or grandparent.

Keep in mind that these photos shouldn’t show people consuming alcohol or behaving inappropriately. Family photos are meant to provide a positive picture of the defendant, not a negative one.

Academic records also can be useful components of a mitigation packet. For example, these records might prove that the defendant recently enrolled in a master’s degree program or recently earned a GED. Any records demonstrating academic achievements can help lift a defendant’s reputation in the eyes of a prosecutor or judge.

Demonstrating Personal Improvement

An important mitigating factor in a criminal case centers on the defendant’s progress toward achieving personal goals and reforming themselves. Any documentation that emphasizes this progress can benefit a mitigation packet.

This documentation might demonstrate, for instance, that the defendant earned a work-related certification that will advance their career. Or it might show that the defendant recently enrolled in a program to fulfill a lifelong dream of becoming a licensed pilot.

Essay on Life and Goals

A personal essay, perhaps two or three pages long, about the defendant’s life and goals can be a powerful tool in a “good guy/gal packet.” The essay should feature a positive, thoughtful perspective on the defendant’s past, present, and future.

The essay can help humanize the defendant and perhaps lead to less serious consequences in terms of criminal charges and punishment. This is especially true if the defendant apologizes, describes what they’ve learned from this experience, and outlines steps they’ve taken to prevent something like this from happening again. The essay also might touch on the hardships the defendant and their family would face if they were sent to jail or prison.

The Role of Legal Representation

No criminal defendant should assemble a “good guy/gal packet” on their own. Rather, they should rely on the experience and expertise of a defense attorney to compile all of the materials for the packet.

A defense attorney possesses the know-how to help persuade a prosecutor or judge that a defendant has a good character, for instance, and has dealt with factors (such as a recent trauma) that affected the crime.

In creating the packet, the attorney can focus on which mitigating factors are important and which mitigating factors might be de-emphasized — all in an effort to produce the most compelling, effective defense for their client.

When an attorney is armed with a well-crafted “good guy/gal packet,” they can better negotiate a plea bargain or otherwise ease the legal consequences for their client. Any good defense attorney should be adept at working out a plea-bargain agreement, which includes preparing a mitigation packet.

As mentioned before, the defendant should not be the one who hands over the packet to a prosecutor or judge. That should be left to the defense attorney.

FAQs About the “Good Guy/Gal Packet”

Can I Verbally Communicate the Contents to My Attorney Instead of Providing Documentation?

Verbal communication with an attorney doesn’t count when it comes to providing documentation for a “good guy/gal packet.” Rather, all of the documentation should be in the form of written materials or website screenshots of information.

Do Documents Need to Be Official, or Are Screenshots Acceptable?

Screenshots of documentation are acceptable, but paper or PDF copies of documentation work best.

Why Do Mitigation Documents Play a Crucial Role in Plea Negotiations?

Mitigation documents generally play a crucial role in plea negotiations. They help prosecutors and judges make informed decisions about charges and sentencing, for example.

Can the “Good Guy/Gal Packet” Be Beneficial Even if It Is Not the First Pretrial Conference?

A “good guy/gal packet” can be beneficial in pretrial hearings, such as a hearing about a possible plea bargain. But it also might help a prosecutor prepare and present their case if a plea-bargain deal is not worked out.

What Types of Achievements or Activities Do Prosecutors Find Compelling in the Packet?

Specific types of achievements or activities might carry more weight in a “good guy/gal packet.” For example, achievements or activities related to statutory mitigating factors (those written into law) may be more compelling than those associated with non-statutory factors (those that are likely part of case law).

Statutory mitigating factors may include age and mental condition, while non-statutory mitigating factors may include the defendant’s work history or lack of a criminal history.