A letter of illustration is a letter on the AGC that sets out explanation why they must possibly not demand you, fall charges towards you or look for a specific sentence through the court docket.
In idea, you can send as numerous letters of representation as you like, but usually a lawyer would deliver in between 1–3, according to the strategic factors which could use in your situation. Such a letter could be sent at any stage of proceedings from your investigation stage towards the sentencing stage.
A letter of representation differs from the mitigation plea. A letter of illustration is resolved to your AGC and seeks their arrangement pertaining to some facet of your scenario.
Then again, a mitigation plea can be a authorized submission tackled to and filed with a sentencing court with the objective of furnishing the courtroom Together with the authorized and factual bases for your sentence you're looking for, in cases in which you have by now been observed guilty.
What Goes inside a Letter of Representation?
Issue reference
A letter of illustration, if composed by a lawyer, typically opens which has a reference to the individual staying represented while in the letter.
If costs have already been introduced from that person, the letter may very well be captioned by reference to the situation amount.
Outcome remaining sought
The letter of illustration will then typically open with a quick statement that explains what consequence to the case the letter will look for.
The probable outcomes that may be sought involve the costs becoming dropped, stern or conditional warnings staying administered or certain sentences being encouraged for the court docket while in the occasion of the guilty plea. These letters are occasionally also marked “without having prejudiceâ€.
Good reasons for the end result being sought
The letter really should then set out the facts suitable to the case that guidance the outcome remaining sought. Dependant upon the strategic factors in your scenario, the letter may confer with:
Any evidence that supports the info upon which you count to assist the outcome currently being sought. Copies of this kind of proof might even be hooked up towards the letter, but the choice on no matter whether to attach any proof to the letter is eventually a strategic one being taken by a lawyer, getting into account many of the conditions of your respective case; or
The existence of witnesses who will corroborate People facts. These witnesses could even be determined inside your letter.
Preferably, the letter of illustration must make reference to very similar earlier instances which experienced resulted in results just like Those people you're in search of, and reveal how those instances are analogous (i.e. factually related) towards your situation.
Your very likely next actions
The letter of representation need to then briefly established out your likely following steps, according to irrespective of whether AGC accedes in your request. These measures may very well be to assert demo, plead guilty or make some appropriate submission to court docket for instance.
Presents (if appropriate)
The letter can, if proper, also incorporate features, with or with out an admission of guilt, to perform other points such as compose an apology and/or pay out restitution into a sufferer, or to decide to voluntary community programmes for example counselling or charitable do the job.
Reservation of your rights
The letter, if drafted by a lawyer, ought to conclude using an acknowledgement that the attorney has suggested you within the legal implications of currently being untruthful from the letter and a complete reservation of your respective legal rights.
You may additionally wish to include a reasonable deadline in which you count on to get a reaction, Whilst there isn't a promise the AGC can have any regard to this.
The best way to Ship the Letter of Representation and to Whom
These letters are generally sent in PDF format by using a generic on the net kind taken care of by the AGC for this Singapore Criminal Defence Lawyer reason.
When your situation is at a complicated stage of proceedings nonetheless, your attorney may additionally send out it to a selected prosecutor(s) (or send it to only this kind of particular prosecutor(s)).
What exactly are the Attainable Results On Sending a Letter of Illustration?
If your AGC decides to accede towards your request, they may create back to tell you of this and checklist any problems for his or her settlement.
At times, They might ship a counter-offer whereby they offer to recommend a specific sentence to the courtroom, or fall one or more costs, when you agree to plead guilty to some or all of the charges, and/or agree to Several other ask for for instance having to pay restitution to your target.
If your AGC is struggling to accede for your request, you may receive a very short template response within the AGC stating that, owning diligently viewed as your representations, These are struggling to accede to the request.
In some cases, no reaction is distributed, along with the prosecutor will simply just point out verbally to your court docket that AGC gained representations and that they won't accede into the ask for(s) therein.
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It ought to be apparent from the above mentioned the drafting of a letter of illustration is just not an easy make a difference of sending a short letter asking for leniency or saying that you are sorry.
There are many requests to contemplate and a number of permutations of all People requests, several of which might or might not be obtainable or suitable to you according to the details of your case plus your individual profile.
Merely a legal lawyer is ready to meaningfully suggest you on how to best progress your passions in the legal investigation or prosecution.
That's why, For anyone who is currently being investigated for a criminal offense in Singapore, it is best to generally find legal advice from the felony law firm for the earliest achievable possibility.