A letter of illustration can be a letter for the AGC that sets out reasons why they must both not charge you, fall expenses versus you or find a particular sentence within the courtroom.
In theory, you are able to mail as a lot of letters of representation as you want, but usually an attorney would ship between one–3, depending upon the strategic issues that may implement for your circumstance. This type of letter is usually despatched at any stage of proceedings with the investigation stage into the sentencing stage.
A letter of illustration is different from the mitigation plea. A letter of representation is dealt with for the AGC and seeks their settlement with regards to some aspect of your scenario.
On the other hand, a mitigation plea can be a legal submission resolved to and filed by using a sentencing court with the target of providing the courtroom with the authorized and factual bases for the sentence you happen to be seeking, in situations where you have presently been uncovered guilty.
What Goes inside of a Letter of Representation?
Subject matter reference
A letter of representation, if published by a lawyer, generally opens with a reference to the individual remaining represented inside the letter.
If rates have presently been introduced against that man or woman, the letter may be captioned by reference to the case selection.
End result staying sought
The letter of representation will then normally open up with a brief assertion that clarifies what end result to the situation the letter will seek.
The attainable results That could be sought incorporate the charges getting dropped, stern or conditional warnings staying administered or particular sentences currently being proposed towards the courtroom in the occasion of the responsible plea. These letters are sometimes also marked “with no prejudiceâ€.
Reasons for the outcome staying sought
The letter should then set out the specifics applicable to the case that assist the result becoming sought. With regards to the strategic considerations inside your scenario, the letter may perhaps make reference to:
Any evidence that supports the info upon which you rely to assist the result being sought. Copies of this sort of proof may perhaps even be attached for the letter, but the choice on no matter whether to connect any evidence towards the letter is eventually a strategic just one to be taken by a lawyer, using into account many of the circumstances of one's scenario; or
The existence of witnesses who'll corroborate Those people facts. These witnesses could even be determined as part of your letter.
Preferably, the letter of representation should really make reference to identical previous scenarios which experienced resulted in results similar to People you might be trying to get, and reveal how Individuals situations are analogous (i.e. factually identical) for your situation.
Your very likely following techniques
The letter of illustration should then briefly set out your most likely up coming methods, determined by irrespective of whether AGC accedes to your request. These actions could possibly be to say demo, plead responsible or make some suitable submission to court docket such as.
Features (if appropriate)
The letter can, if suitable, also consist of gives, with or without having an admission of guilt, to perform other factors for instance produce an apology and/or pay back restitution to the sufferer, or to decide to voluntary Group programmes such as counselling or charitable work.
Reservation of your rights
The letter, if drafted by a lawyer, should conclude with an acknowledgement that your lawyer has advised you on the legal consequences of being untruthful in the letter and a full reservation of your rights.
You may also would like to incorporate an inexpensive deadline in just which you hope to get a reaction, While there isn't a assurance the AGC will likely have any regard to this.
Tips on how to Send out the Letter of Illustration and also to Whom
These letters are usually sent in PDF format by way of a generic on-line form maintained by the AGC for this intent.
In the event your circumstance is at a complicated phase of proceedings even so, your attorney can also deliver it to a specific prosecutor(s) (or send it to only such unique prosecutor(s)).
Exactly what are the Doable Results Upon Sending a Letter of Representation?
If the AGC decides to accede to your ask for, They could publish back again to inform you of this and record any disorders for his or her arrangement.
At times, they may send a counter-give whereby they supply to advocate a particular sentence towards the court, or fall a number of expenses, should you agree to plead responsible to some or all of the fees, and/or comply with Another request which include spending restitution on the victim.
If the AGC is struggling to accede on your request, you might receive a pretty limited template reaction within the AGC stating that, having cautiously regarded as your representations, They're unable to accede for your request.
Occasionally, no response is distributed, plus the prosecutor will simply just point out verbally for the court that AGC received representations and that they won't accede into the ask for(s) therein.
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It ought to be obvious from the above mentioned the drafting of the letter of illustration will not be a straightforward make any difference of sending a brief letter requesting leniency or expressing that you are sorry.
There are plenty of requests to think about and many different permutations of all those requests, some of which might or might not be available or appropriate to you personally depending on the facts of your circumstance plus your individual profile.
Merely a felony attorney is able to meaningfully advise you regarding how to most effective progress your passions in the legal investigation or prosecution.
Therefore, If you're becoming investigated for a crime Singapore criminal lawyer in Singapore, you should normally find authorized suggestions from a criminal lawyer for the earliest attainable possibility.