A letter of illustration can be a letter for the AGC that sets out explanations why they must both not charge you, fall expenses against you or search for a specific sentence within the courtroom.
In theory, you could ship as numerous letters of illustration as you like, but ordinarily a lawyer would send involving 1–three, depending upon the strategic issues that could utilize in your circumstance. This type of letter is usually despatched at any stage of proceedings through the investigation stage on the sentencing stage.
A letter of illustration is different from the mitigation plea. A letter of representation is addressed on the AGC and seeks their agreement pertaining to some aspect of your scenario.
However, a mitigation plea is often a legal 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, commonly opens with a reference to the individual being represented inside the letter.
If rates have presently been introduced against that man or woman, the letter may be captioned by reference to the case selection.
End result staying sought
The letter of representation will then typically open up with a brief assertion that clarifies what end result to the situation the letter will seek.
The attainable results that may be sought incorporate the fees getting dropped, stern or conditional warnings staying administered or specific sentences getting encouraged towards the courtroom during the occasion of the responsible plea. These letters are sometimes also marked “with no prejudiceâ€.
Explanations for the outcome currently being sought
The letter should really then set out the specifics applicable to the case that assist the result becoming sought. With regards to the strategic criteria inside your scenario, the letter may perhaps make reference to:
Any evidence 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 proof to your letter is ultimately a strategic a single being taken by an attorney, taking into consideration every one of the instances of your situation; or
The existence of witnesses who'll corroborate All those facts. These witnesses might even be recognized as part of your letter.
Preferably, the letter of representation ought to make reference to related earlier conditions which had resulted in outcomes much like People you will be 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 likely subsequent measures, dependant upon no matter if AGC accedes towards your ask for. These steps could be to claim trial, plead guilty or make some pertinent submission to courtroom one example is.
Features (if correct)
The letter can, if appropriate, also consist of provides, with or without having an admission of guilt, to perform other factors for instance generate an apology and/or pay back restitution to a victim, or to commit to voluntary community programmes such as counselling or charitable function.
Reservation of one's rights
The letter, if drafted by a lawyer, ought to conclude with the acknowledgement that your lawyer has suggested you within the authorized effects of getting untruthful inside the letter and a complete reservation of the 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 you can Deliver the Letter of Representation and to Whom
These letters are generally despatched in PDF structure by means of a generic on the web kind preserved through the AGC for this goal.
Should your situation is at an advanced phase of proceedings even so, your lawyer might also send it to a specific prosecutor(s) (or mail it to only these types of unique prosecutor(s)).
Exactly what are the Attainable Results Upon Sending a Letter of Representation?
If the AGC decides to accede to the ask for, They might create back to tell you of the and listing any problems for their agreement.
Sometimes, They could send out a counter-offer you whereby they provide to suggest a specific sentence into the court docket, or drop one or more charges, for those who conform to plead guilty to some or all of the charges, and/or agree to A few other ask for for example having to pay restitution to the sufferer.
If your AGC is not able to accede for your request, it's possible you'll receive a quite shorter template reaction through the AGC stating that, possessing cautiously 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 only mention verbally to the court docket that AGC acquired representations and that they won't accede to your ask for(s) therein.
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It ought to be clear from the above which the drafting of the letter of illustration will not be a straightforward subject of sending a brief letter asking for leniency or declaring you happen to be sorry.
There are plenty of requests to consider and a variety of permutations of all Individuals requests, a number of which might or might not be readily available or ideal to you personally dependant upon the info of your respective scenario and also your possess profile.
Merely a legal attorney is in a position to meaningfully advise you on how to very best advance your interests in a criminal investigation or prosecution.
Hence, if you are being investigated for against the law in Singapore, you Singapore Criminal Defence Lawyer should usually look for legal advice from the criminal law firm for the earliest doable prospect.