A letter of illustration is actually a letter to the AGC that sets out main reasons why they ought to either not cost you, drop prices towards you or request a specific sentence within the court docket.
In idea, you may deliver as lots of letters of illustration as you prefer, but generally a lawyer would deliver involving 1–3, based on the strategic issues that may use on your circumstance. Such a letter is often sent at any stage of proceedings from the investigation stage for the sentencing phase.
A letter of representation is different from the mitigation plea. A letter of representation is tackled into the AGC and seeks their agreement with regards to some aspect of your case.
Then again, a mitigation plea is a authorized submission dealt with to and submitted having a sentencing courtroom with the target of providing the court Together with the lawful and factual bases for the sentence you might be in search of, in conditions in which you have currently been identified responsible.
What Goes within a Letter of Illustration?
Subject reference
A letter of representation, if composed by an attorney, commonly opens having a reference to the person currently being represented from the letter.
If expenses have presently been introduced from that human being, the letter might be captioned by reference to the case amount.
End result currently being sought
The letter of illustration will then usually open with a quick assertion that explains what outcome to the case the letter will look for.
The achievable results Which may be sought include things like the charges becoming dropped, stern or conditional warnings getting administered or distinct sentences remaining recommended towards the court docket in the occasion of a guilty plea. These letters are sometimes also marked “with no prejudiceâ€.
Motives for the end result currently being sought
The letter must then established out the specifics suitable to the situation that support the outcome being sought. According to the strategic factors with your scenario, the letter could consult with:
Any evidence that supports the information upon which you rely to assistance the outcome being sought. Copies of this kind of proof may perhaps even be hooked up to the letter, but the choice on whether to attach any proof into the letter is finally a strategic one to generally be taken by an attorney, getting into consideration each of the conditions of one's case; or
The existence of witnesses who will corroborate Those people specifics. These witnesses may possibly even be determined inside your letter.
Ideally, the letter of illustration need to make reference to equivalent past cases which experienced resulted in outcomes similar to those that you are trying to get, and reveal how People circumstances are analogous (i.e. factually comparable) to the situation.
Your most likely subsequent techniques
The letter of representation need to then briefly set out your probable following measures, according to whether or not AGC accedes to your ask for. These methods could possibly be to claim demo, plead guilty or make some relevant submission to court docket one example is.
Gives (if suitable)
The letter can, if correct, also involve delivers, with or without having an admission of guilt, to carry out other items such as write an apology and/or shell out restitution to a sufferer, or to commit to voluntary Group programmes for example counselling or charitable function.
Reservation within your rights
The letter, if drafted by an attorney, should really conclude by having an acknowledgement that your law firm has suggested you over the authorized consequences of currently being untruthful within the letter and a complete reservation of one's legal rights.
You may also would like to include an inexpensive deadline inside of which you hope to receive a reaction, Despite the fact that there isn't any assurance the AGC can have any regard to this.
Ways to Ship the Letter of Representation and also to Whom
These letters are generally sent in PDF structure through a generic on line kind maintained with the AGC for this purpose.
When your case is at a sophisticated phase of proceedings nonetheless, your law firm might also send out it to a specific prosecutor(s) (or ship it to only this sort of unique prosecutor(s)).
What are the Doable Outcomes Upon Sending a Letter of Illustration?
When the AGC decides to accede on your request, They might generate back again to tell you of the and checklist any ailments for their arrangement.
From time to time, they may ship a counter-offer whereby they provide to propose a specific sentence for the court docket, or fall one or more fees, for those who agree to plead guilty to some or all of the fees, and/or conform to Another ask for which include having to pay restitution on the sufferer.
If the AGC is not able to accede on your ask for, you might get a pretty brief template reaction within the AGC stating that, having thoroughly considered your representations, They're not able to accede on your ask for.
Sometimes, no response is sent, along with the prosecutor will simply just point out verbally to the court that AGC Criminal Defence Lawyer Singapore 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 that the drafting of a letter of representation is just not a straightforward make any difference of sending a short letter asking for leniency or saying you're sorry.
There are various requests to take into consideration and many alternative permutations of all those requests, a few of which may or may not be obtainable or proper for you with regards to the specifics of your respective scenario plus your have profile.
Just a felony law firm is able to meaningfully suggest you regarding how to very best advance your interests in a criminal investigation or prosecution.
Hence, When you are remaining investigated for against the law in Singapore, you'll want to normally search for authorized tips from a legal attorney for the earliest achievable possibility.