If the judge has discretion to determine the sentence, the defense may bring to a judge's attention an infinite number of factual circumstances that may move the judge to impose a lighter sentence. The following are examples of such circumstances (called "mitigating" factors):

• the offender has little or no history of criminal conduct
• the offender was an accessory (helped the main offender) to the crime but was not the main actor
• the offender committed the crime when under great personal stress; for example, had lost a job, was late on rent, and had just been in a car wreck, or
• no one was hurt, and the crime was committed in a manner that was unlikely to have hurt anyone.

  Just as mitigating circumstances can sway a judge to lessen a sentence, "aggravating" circumstances can compel a judge to "throw the book at" an offender. A previous record of the same type of offense is the most common aggravating factor. Other aggravating circumstances grow out of the way a crime was committed, as when an offender is particularly cruel to a victim. Sometimes, laws themselves specify aggravating factors, such as the use of a weapon.

The procedure and organization of the juvenile court system is different from the adult system. After committing an offense, juveniles are detained rather than arrested. Next, a petition is drawn up which outlines the jurisdiction authority of the juvenile court over the offense and detained individuals, gives notice for the reason for the court appearance, serves as notice to the minor's family, and also is the official charging document.

Once in court, the juvenile case is adjudicated, and a disposition is handed down. Records from juvenile courts are sealed documents, unlike adult records which are accessible by anyone under the Freedom of Information Act. Like diversion, this measure is designed to protect the juvenile so that one mistake does not follow the juvenile for life. Juvenile records may also be expunged upon the juvenile's eighteenth birthday provided the juvenile has met certain conditions, such as good behavior. Juvenile court procedure is also far less formal than adult court procedure.

The disposition of a juvenile case is based on the least detrimental alternative, so the legacy of parens patriae is still evident. However, one major controversy in juvenile dispositions is the use of indeterminate sentencing, which allows a judge to set a maximum sentence. In such cases, juveniles are monitored during their sentences and are released only when the judge is satisfied that they have been rehabilitated or when the maximum time has been served. Critics argue that this arrangement allows the judge too much discretion and is, therefore, not the least detrimental punishment.

Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers:

• negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentencing
• formulate sentencing programs tailored to a client's specific needs, often helping defendants avoid future brushes with the criminal justice system
• help defendants cope with the feelings of fear, embarrassment and reduced self-esteem that criminal charges tend to produce in many people
• provide defendants with a reality check -- a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial.
• are familiar with important legal rules that people representing themselves would find almost impossible to locate on their own, because many criminal law rules are hidden away in court interpretations of federal and state conare familiar with local court customs and procedures that aren't written down anywhere stitutions
• understand the possible "hidden costs" of pleading guilty which a self-represented person might never think about
• spend time on a case that a defendant cannot afford to spend
• gather information from prosecution witnesses, who often fear people accused of crimes and therefore refuse to speak to people representing themselvesare
• familiar with local court customs and procedures that aren't written down anywhere