A letter of representation can be a letter towards the AGC that sets out main reasons why they ought to either not demand you, drop charges from you or seek out a selected sentence through the court.
In idea, it is possible to send as quite a few letters of representation as you want, but generally a lawyer would send out in between one–3, with regards to the strategic considerations that will use towards your situation. Such a letter is usually sent at any stage of proceedings from the investigation phase to the sentencing phase.
A letter of representation differs from a mitigation plea. A letter of illustration is addressed on the AGC and seeks their agreement pertaining to some aspect of your scenario.
However, a mitigation plea is often a legal submission dealt with to and submitted with a sentencing courtroom with the target of delivering the court docket Together with the lawful and factual bases to the sentence that you are in search of, in cases where you have now been identified responsible.
What Goes within a Letter of Illustration?
Topic reference
A letter of illustration, if written by an attorney, ordinarily opens using a reference to the individual becoming represented from the letter.
If fees have presently been introduced from that individual, the letter could possibly be captioned by reference to the case amount.
Consequence becoming sought
The letter of illustration will then usually open with a quick statement that points out what consequence to the case the letter will search for.
The possible outcomes Which might be sought consist of the costs remaining dropped, stern or conditional warnings becoming administered or precise sentences being advised into the court while in the party of a responsible plea. These letters are occasionally also marked “without having prejudiceâ€.
Good reasons for the outcome getting sought
The letter really should then established out the details suitable to the situation that assistance the end result remaining sought. Based on the strategic things to consider in your situation, the letter may well refer to:
Any evidence that supports the specifics on which you rely to assistance the end result remaining sought. Copies of this sort of proof might even be attached to your letter, but the decision on no matter if to attach any evidence for the letter is in the long run a strategic one to become taken by a lawyer, getting into account all the situation within your scenario; or
The existence of witnesses who'll corroborate those details. These witnesses may possibly even be determined in the letter.
Ideally, the letter of representation must make reference to very similar earlier cases which had resulted in outcomes comparable to Those people you're seeking, and demonstrate how All those conditions are analogous (i.e. factually similar) for your situation.
Your most likely up coming measures
The letter of representation must then briefly set out your probably up coming methods, dependant upon no matter if AGC accedes to the ask for. These methods could possibly be to say trial, plead guilty or make some relevant submission to court for example.
Offers (if appropriate)
The letter can, if appropriate, also include features, with or without the need of an admission of guilt, to try and do other points for example compose an apology and/or pay restitution to a sufferer, or to decide to voluntary community programmes such as counselling or charitable do the job.
Reservation within your rights
The letter, if drafted by a lawyer, should conclude having an acknowledgement that your lawyer has advised you to the legal consequences of remaining untruthful from the letter and a complete reservation within your rights.
You may also would like to incorporate a reasonable deadline within just which you assume to receive a response, Despite the fact that there is absolutely no promise the AGC could have any regard to this.
The way to Ship the Letter of Representation and also to Whom
These letters are generally sent in PDF format by way of a generic on the internet type maintained with the AGC for this objective.
In case your case is at an advanced phase of proceedings having said that, your law firm may send out it to a certain prosecutor(s) (or ship it to only this sort of particular prosecutor(s)).
What are the Possible Results On Sending a Letter of Illustration?
In the event the AGC decides to accede in your request, they may generate again to tell you of this and checklist any conditions for his or her settlement.
From time to time, They Singapore criminal lawyer might deliver a counter-provide whereby they offer to endorse a certain sentence on the courtroom, or drop a number of prices, in case you comply with plead guilty to some or all of the costs, and/or conform to A few other ask for for example having to pay restitution towards the sufferer.
If your AGC is not able to accede in your request, it's possible you'll get a quite brief template response with the AGC stating that, obtaining very carefully regarded as your representations, they are struggling to accede to the request.
Sometimes, no reaction is distributed, and also the prosecutor will simply just point out verbally for the court that AGC been given representations Which they will not accede into the ask for(s) therein.
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It should be crystal clear from the above mentioned which the drafting of a letter of representation will not be an easy matter of sending a brief letter asking for leniency or saying that you are sorry.
There are several requests to contemplate and many different permutations of all Those people requests, a number of which may or may not be out there or acceptable to you depending upon the specifics of one's circumstance and also your have profile.
Just a prison attorney is in a position to meaningfully recommend you on how to best progress your interests in a very legal investigation or prosecution.
Hence, For anyone who is getting investigated for a crime in Singapore, you must usually request authorized advice from the criminal law firm in the earliest probable possibility.