A letter of illustration is a letter on the AGC that sets out explanations why they ought to possibly not demand you, fall costs from you or search for a selected sentence from the courtroom.
In idea, you'll be able to ship as lots of letters of representation as you like, but generally a lawyer would ship amongst one–three, based on the strategic things to consider which will utilize towards your circumstance. Such a letter could be sent at any stage of proceedings in the investigation phase into the sentencing stage.
A letter of representation is different from a mitigation plea. A letter of representation is addressed on the AGC and seeks their arrangement about some aspect of your scenario.
Then again, a mitigation plea can be a lawful submission resolved to and filed using a sentencing courtroom with the objective of offering the court With all the authorized and factual bases for the sentence you are trying to get, in conditions where you have presently been located responsible.
What Goes in the Letter of Illustration?
Topic reference
A letter of representation, if composed by a lawyer, typically opens which has a reference to the individual getting represented within the letter.
If rates have previously been brought against that person, the letter can be captioned by reference to the situation number.
Result currently being sought
The letter of representation will then ordinarily open up with a brief assertion that describes what consequence to the situation the letter will seek.
The doable results Which may be sought include things like the fees currently being dropped, stern or conditional warnings currently being administered or precise sentences staying proposed into the court docket during the party of the responsible plea. These letters are occasionally also marked “with no prejudiceâ€.
Reasons for the outcome being sought
The letter should then set out the facts appropriate to the case that help the end result currently being sought. Dependant upon the strategic issues as part of your scenario, the letter may consult with:
Any proof that supports the facts upon which you count to support the outcome currently being sought. Copies of these kinds of proof could even be hooked up to the letter, but the decision on whether to attach any proof into the letter is ultimately a strategic 1 to get taken by an attorney, having into consideration all of the conditions within your case; or
The existence of witnesses who will corroborate those facts. These witnesses might even be recognized within your letter.
Preferably, the letter of illustration should make reference to comparable previous circumstances which had resulted in outcomes much like Individuals you're searching for, and make clear how People scenarios are analogous (i.e. factually identical) on your situation.
Your very likely up coming steps
The letter of illustration should really then briefly set out your likely next ways, based upon irrespective of whether AGC accedes towards your ask for. These ways may be to say trial, plead guilty or make some applicable submission to court docket one example is.
Provides (if correct)
The letter can, if acceptable, also consist of presents, with or without having an admission of guilt, to carry out other points which include produce an apology and/or pay out restitution to the sufferer, or to commit to voluntary community programmes including counselling or charitable work.
Reservation of your respective legal rights
The letter, if drafted by a lawyer, ought to conclude having an acknowledgement that your law firm has recommended you within the lawful effects of being untruthful while in the letter and a full reservation of the rights.
You might also would like to incorporate an inexpensive deadline inside of which you hope to receive a reaction, Even though there is not any ensure the AGC should have any regard to this.
The way to Send the Letter of Illustration and to Whom
These letters are usually despatched in PDF format by means of a generic on-line sort maintained with the AGC for this intent.
When Singapore Criminal Defence Lawyer your scenario is at a complicated stage of proceedings on the other hand, your lawyer can also send out it to a selected prosecutor(s) (or ship it to only this sort of unique prosecutor(s)).
What are the Attainable Results On Sending a Letter of Representation?
In the event the AGC decides to accede to the ask for, they may compose again to tell you of this and list any problems for his or her settlement.
Sometimes, they may ship a counter-present whereby they offer to advise a certain sentence to your court docket, or drop one or more rates, if you conform to plead guilty to some or all of the charges, and/or agree to Various other ask for for instance shelling out restitution to the target.
Should the AGC is unable to accede for your request, you could possibly get a quite small template reaction from your AGC stating that, owning carefully regarded as your representations, They may be not able to accede on your ask for.
From time to time, no reaction is shipped, plus the prosecutor will basically point out verbally on the court docket that AGC gained representations and that they will not accede to the ask for(s) therein.
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It should be clear from the above mentioned which the drafting of the letter of illustration is just not an easy issue of sending a brief letter requesting leniency or declaring you're sorry.
There are many requests to look at and a number of permutations of all Individuals requests, some of which might or might not be offered or suitable to you personally with regards to the details within your situation and your individual profile.
Only a felony lawyer is ready to meaningfully advise you regarding how to best progress your interests in a very criminal investigation or prosecution.
For this reason, If you're remaining investigated for a criminal offense in Singapore, you'll want to constantly seek authorized advice from a legal lawyer at the earliest possible possibility.