A letter of representation is a letter into the AGC that sets out explanation why they need to possibly not cost you, drop prices in opposition to you or seek a certain sentence from your court docket.
In principle, you are able to mail as a lot of letters of representation as you want, but usually an attorney would ship between one–3, based on the strategic criteria which could apply to the case. This kind of letter may be despatched at any stage of proceedings within 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 element of your situation.
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 delivering the court Together with the legal and factual bases to the sentence you are in search of, in cases in which you have already been identified responsible.
What Goes within a Letter of Illustration?
Topic reference
A letter of illustration, if written by an attorney, typically opens using a reference to the individual getting represented from the letter.
If costs have by now been brought in opposition to that human being, the letter could be captioned by reference to the situation quantity.
Result being sought
The letter of representation will then commonly open with a short assertion that describes what result to the case the letter will seek out.
The doable outcomes Which may be sought involve the charges staying dropped, stern or conditional warnings being administered or certain sentences remaining suggested on the court docket within 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 perhaps make reference to:
Any proof 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 whether to attach any evidence to your letter is finally a strategic 1 for being taken by an attorney, having into consideration all of the conditions of your respective circumstance; or
The existence of witnesses who will corroborate Individuals specifics. These witnesses may perhaps even be identified inside your letter.
Ideally, the letter of illustration really should make reference to identical past instances which had resulted in results comparable to Those people you are searching for, and make clear how All those conditions are analogous (i.e. factually similar) for your situation.
Your very likely upcoming ways
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 might be to say trial, plead guilty or make some appropriate submission to court docket one example is.
Features (if appropriate)
The letter can, if appropriate, also consist of provides, with or without having an admission of guilt, to accomplish other factors for example produce an apology and/or fork out restitution to the sufferer, or to decide to voluntary Group programmes which include 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 around the legal implications of becoming untruthful within the letter and a full reservation of one's rights.
You may also Singapore criminal lawyer wish to include a reasonable deadline within which you expect to get a reaction, Whilst there is not any warranty the AGC should have any regard to this.
Ways to Mail the Letter of Illustration also to Whom
These letters are generally despatched in PDF format through a generic on the internet type 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)).
What are the Probable Results On Sending a Letter of Representation?
In the event the AGC decides to accede for 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 might ship a counter-provide whereby they offer to endorse a selected sentence on the courtroom, or drop one or more rates, when you comply with plead guilty to some or all of the charges, and/or conform to Several other ask for like paying restitution into the sufferer.
In the event the AGC is unable to accede to your ask for, chances are you'll receive a extremely short template reaction through the AGC stating that, possessing carefully thought of your representations, These are not able to accede for your ask for.
From time to time, no response is sent, as well as prosecutor will basically mention verbally to the court docket that AGC acquired representations and that they won't accede to your request(s) therein.
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It should be crystal clear from the above that the drafting of the letter of representation isn't a straightforward issue of sending a short letter requesting leniency or expressing you might be sorry.
There are many requests to look at and a number of permutations of all These requests, many of which might or might not be accessible or correct for you based on the points of your respective situation plus your possess profile.
Only a prison attorney is in a position to meaningfully suggest you on how to most effective advance your interests in the legal investigation or prosecution.
As a result, Should you be becoming investigated for against the law in Singapore, you ought to always search for legal information from a criminal attorney at the earliest doable chance.