A letter of illustration can be a letter for the AGC that sets out explanations why they should both not cost you, fall fees towards you or request a specific sentence from the court docket.
In concept, you can send out as numerous letters of illustration as you prefer, but typically an attorney would send involving 1–three, with regards to the strategic concerns which will use to your scenario. Such a letter might be sent at any phase of proceedings in the investigation phase towards the sentencing phase.
A letter of representation differs from a mitigation plea. A letter of illustration is addressed to your AGC and seeks their agreement about some facet of your circumstance.
On the other hand, a mitigation plea is usually a authorized submission dealt with to and filed that has a sentencing court with the target of supplying the court docket Using the lawful and factual bases for the sentence you will be looking for, in scenarios where you have by now been found responsible.
What Goes in a Letter of Representation?
Issue 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 currently been brought from that person, the letter could possibly be captioned by reference to the situation amount.
Result becoming sought
The letter of illustration will then ordinarily open with a quick statement that describes what consequence to the case the letter will seek.
The probable outcomes Which may be sought include the costs staying dropped, stern or conditional warnings becoming administered or distinct sentences remaining suggested to your court inside the celebration of the guilty plea. These letters are occasionally also marked “without the need of prejudiceâ€.
Factors for the end result remaining sought
The letter ought to then established out the points related to the case that guidance the outcome getting sought. Dependant upon the strategic considerations within your scenario, the letter may consult with:
Any proof that supports the points upon which you depend to assist the result being sought. Copies of this sort of proof may perhaps even be attached for the letter, but the choice on whether to attach any evidence to your letter is finally a strategic 1 to get taken by a lawyer, having into account all of the conditions of your respective circumstance; or
The existence of witnesses who will corroborate These information. These witnesses may well even be discovered in your letter.
Ideally, the letter of representation need to make reference to very similar earlier cases which had resulted in outcomes just like All those that you are seeking, and clarify how Individuals situations are analogous (i.e. factually very similar) towards your case.
Your most likely up coming methods
The letter of illustration really should then briefly established out your possible next actions, according to no matter whether AGC accedes on your ask for. These ways can be to claim trial, plead guilty or make some related submission to court as an example.
Gives (if Singapore criminal lawyer acceptable)
The letter can, if acceptable, also include things like presents, with or without the need of an admission of guilt, to carry out other things such as write an apology and/or spend restitution into a victim, or to commit to voluntary Local community programmes like counselling or charitable operate.
Reservation of your respective legal rights
The letter, if drafted by an attorney, really should conclude by having an acknowledgement that the attorney has recommended you about the authorized repercussions of staying untruthful from the letter and an entire reservation of your respective legal rights.
You might also want to include an affordable deadline inside of which you count on to receive a response, Even though there isn't any assure the AGC may have any regard to this.
How to Send the Letter of Representation also to Whom
These letters are generally despatched in PDF structure through a generic on the web kind taken care of from the AGC for this objective.
In case your case is at a complicated phase of proceedings on the other hand, your law firm may additionally ship it to a particular prosecutor(s) (or deliver it to only this kind of specific prosecutor(s)).
Exactly what are the Probable Results On Sending a Letter of Representation?
When the AGC decides to accede to your request, They could produce back again to inform you of this and list any disorders for his or her arrangement.
Often, They could deliver a counter-present whereby they supply to propose a certain sentence for the court, or drop a number of prices, in case you comply with plead guilty to some or all of the fees, and/or comply with Various other request such as shelling out restitution to your target.
When the AGC is unable to accede towards your ask for, you could receive a pretty small template reaction in the AGC stating that, having diligently viewed as your representations, They may be unable to accede towards your ask for.
At times, no response is shipped, along with the prosecutor will just mention verbally to your courtroom that AGC obtained representations Which they won't accede for the request(s) therein.
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It ought to be very clear from the above which the drafting of a letter of representation will not be an easy make a difference of sending a brief letter requesting leniency or declaring you are sorry.
There are plenty of requests to take into consideration and many various permutations of all those requests, many of which may or may not be available or correct for you depending on the points of the case and also your very own profile.
Only a felony lawyer is ready to meaningfully suggest you on how to ideal advance your pursuits within a criminal investigation or prosecution.
For this reason, If you're remaining investigated for a criminal offense in Singapore, you need to generally find authorized suggestions from a prison attorney on the earliest feasible opportunity.