A letter of illustration is a letter to your AGC that sets out explanations why they ought to both not demand you, drop expenses versus you or seek a specific sentence from the court.
In principle, you are able to send out as numerous letters of illustration as you want, but normally an attorney would mail in between 1–three, based on the strategic factors that will apply for your situation. This kind of letter is usually sent at any phase of proceedings in the investigation phase towards the sentencing phase.
A letter of representation differs from the mitigation plea. A letter of representation is addressed to the AGC and seeks their arrangement pertaining to some aspect of your situation.
On the flip side, a mitigation plea is usually a lawful submission resolved to and submitted with a sentencing court with the objective of offering the courtroom With all the authorized and factual bases to the sentence you are seeking, in scenarios where you have previously been discovered responsible.
What Goes in a Letter of Illustration?
Issue reference
A letter of representation, if penned by a lawyer, normally opens using a reference to the individual becoming represented from the letter.
If costs have previously been introduced in opposition to that human being, the letter could be captioned by reference to the situation number.
Final result being sought
The letter of representation will then commonly open with a short assertion that explains what consequence to the case the letter will find.
The possible outcomes Which might be sought consist of the costs remaining dropped, stern or conditional warnings becoming administered or distinct sentences being advised to your court inside the party of a guilty plea. These letters are occasionally also marked “without prejudiceâ€.
Causes for the result being sought
The letter must then established out the facts pertinent to the situation that support the result currently being sought. According to the strategic issues within your situation, the letter may perhaps consult with:
Any proof that supports the points upon which you depend to guidance the result becoming sought. Copies of this sort of proof may even be attached on the letter, but the choice on whether to attach any proof to your letter is ultimately a strategic 1 to get taken by an attorney, having into consideration each of the situation within your case; 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 just like Those people you are looking for, and describe how those conditions are analogous (i.e. factually comparable) in your situation.
Your very likely upcoming steps
The letter of illustration ought to then briefly set out your likely subsequent actions, according to no matter whether AGC accedes to the ask for. These methods might be to assert demo, plead responsible or make some pertinent submission to court docket one example is.
Presents (if acceptable)
The letter can, if proper, also contain delivers, with or with no an admission of guilt, to perform other issues 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 do the job.
Reservation of your legal rights
The letter, if drafted by an attorney, should really conclude having an acknowledgement that the lawyer has encouraged you within the lawful implications of staying untruthful inside the letter and an entire reservation of one's legal rights.
You may additionally want to incorporate a reasonable deadline inside which you anticipate to receive a response, although 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 Criminal lawyer singapore 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.
At times, they may send a counter-give whereby they supply to advocate a particular sentence towards the court, or drop a number of fees, in case you agree to plead guilty to some or all of the fees, and/or comply with Various other ask for for example spending restitution towards the target.
If the AGC is not able to accede towards your request, chances are you'll receive a quite short template response with the AGC stating that, having cautiously deemed your representations, They may be unable to accede towards your ask for.
At times, no response is shipped, along with the prosecutor will merely point out verbally to your courtroom that AGC received representations Which they won't accede towards the ask for(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 matter of sending a brief letter asking for leniency or saying that you are sorry.
There are various requests to contemplate and many different permutations of all All those requests, a number of which may or may not be readily available or proper to you dependant upon the information of your circumstance along with your own profile.
Just a legal law firm is able to meaningfully advise you regarding how to very best progress your passions in a felony investigation or prosecution.
Consequently, if you are currently being investigated for a crime in Singapore, you should always request lawful assistance from the legal lawyer within the earliest doable possibility.