Capital Area Private Defender Service

The CAPDS Mitigation Resource Counsel Program offers consulting and training services for attorneys representing indigent defendants in murder cases in Texas state courts. The program is funded through a grant from the Texas Indigent Defense Commission.


Thorough mitigation investigations and effective mitigation presentations can lead to a reduction of charges, a more favorable plea, an acquittal, or a lesser term of years.


The purpose of this program is to assist attorneys in compliance with prevailing professional norms in the State Bar of Texas Performance Guidelines for Non-Capital Criminal Defense Representation, the American Bar Association Criminal Justice Standards for the Defense Function, and the National Legal Aid & Defender Association Performance Guidelines for Criminal Defense Representation.

Mitigation Resource Counsel Program

How Does the Program Work?


The program offers numerous services for attorneys including one-on-one case consultations and assistance, trainings, and other resources like a pleading databank. Attorneys can take advantage of one, some, or all offered services.


This program can assist with mapping out mitigation investigation and presentation strategies, identifying and locating the right mitigation specialists and experts for the case, requests to courts for funding for mitigation investigation and expert assistance, and more.


Attorneys representing indigent defendants in murder cases in Texas state courts can request assistance from the program by signing up here.


Requirements to Take Part in the Program


The following criteria must be met to take part in the program:

  1. The client must be indigent;
  2. The case must be a murder case where the State is not currently seeking the death penalty or there is an active death sentence; and
  3. The case must be either at the trial, motion for new trial, or post-conviction writ stage.


Research Component


The program will collect non-privileged data to assess whether mitigation works in non-death penalty murder cases in Texas and whether a centralized mitigation resource counsel program is an effective took for Texas indigent defenders.


Upcoming Trainings


All Texas defense attorneys may participate in the trainings. They are not limited to persons defending indigent murder cases.  Information on upcoming trainings can be found here.


FAQ


How Much Does This Cost?
This is a free service funded through a grant from the Texas Indigent Defense Commission.

Does This Program Provide Funding for Mitigation Investigation?
No. The program can assist with preparation of requests for funding to courts or other funding entities.




For more information contact: mitigation@capds.org