Example 1: Criminal Defense

Social workers and client advocates can play an important role in early representation, or early defense. Research on early representation programs have found that people who receive representation before their first court appearance spend less time in custody than those who meet their attorney in court at the first appearance, and can can help gather the mitigating information the team will need to successfully advocate for release at the arraignment. They can call family members, make referrals to services that might support release efforts, advocate to maintain a shelter placement, and locate children who may have been removed at the time of arrest and advocate for placement with family.

During the pre-trial phase, social workers and advocates support incarcerated clients, develop release plans to pitch to judges and prosecutors, refer clients to programs that meet their needs and help advance the legal case, and develop mitigation to support plea negotiations. Social workers and advocates may write mitigation memos, in collaboration with attorneys, to submit to prosecutors to influence an offer.

Trial is a nerve-wracking experience for everyone involved, most of all the people we represent. Social workers and advocates can play an important role as part of a trial team, preparing and supporting clients through this difficult experience. Social workers may also be involved in expert preparation.

Social workers and advocates prepare sentencing memoranda, in collaboration with attorney colleagues, for judges, probation, and others. Social workers prepare clients for the experience of hearing victim impact statements and support clients as they prepare to serve prison sentences.

Social workers are a part of post-conviction units around the country, advocating against parole revocation, advocating for resentencing, and supporting record expungement efforts. These efforts often involve lengthy mitigation packets and declarations by the people we represent, highlighting their strengths and resilience.