A letter of illustration is really a letter to the AGC that sets out main reasons why they ought to either not demand you, drop rates from you or look for a selected sentence through the court.
In principle, you'll be able to send as quite a few letters of representation as you prefer, but ordinarily a lawyer would mail amongst 1–three, with regards to the strategic concerns that will use towards your situation. Such a letter might be sent at any phase of proceedings in the investigation phase towards the sentencing phase.
A letter of representation differs from a mitigation plea. A letter of illustration is addressed to your AGC and seeks their agreement pertaining to some aspect of your circumstance.
Alternatively, a mitigation plea is usually a authorized submission tackled to and filed having a sentencing court docket with the objective of furnishing the courtroom With all the authorized and factual bases with the sentence you might be in search of, in situations where you have previously been found guilty.
What Goes inside of a Letter of Illustration?
Subject reference
A letter of representation, if created by a lawyer, normally opens by using a reference to the individual being represented within the letter.
If fees have previously been introduced versus that individual, the letter may very well be captioned by reference to the case number.
Final result staying sought
The letter of illustration will then usually open up with a brief statement that describes what consequence to the case the letter will seek out.
The attainable results that may be sought consist of the costs currently being dropped, stern or conditional warnings currently being administered or distinct sentences currently being encouraged into the court docket in the event of a guilty plea. These letters are occasionally also marked “with out prejudiceâ€.
Motives for the result becoming sought
The letter need to then established out the details appropriate to the situation that support the end result staying sought. Based on the strategic issues in the case, the letter could seek advice from:
Any evidence that supports the details on which you count to support the result staying sought. Copies of such evidence may possibly even be hooked up to the letter, but the decision on no matter if to attach any evidence for the letter is in the long run a strategic a person to become taken by a lawyer, getting into account all the situations of the situation; or
The existence of witnesses who'll corroborate People information. These witnesses might even be discovered as part of your letter.
Ideally, the letter of representation ought to make reference to related earlier cases which had resulted in outcomes much like People that you are 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 actions, determined by no matter whether AGC accedes towards your ask for. These steps might be to claim trial, plead guilty or make some pertinent submission to courtroom by way of example.
Presents (if correct)
The letter can, if correct, also include offers, with or with out an admission of guilt, to accomplish other items for example publish an apology and/or shell out restitution to your sufferer, or to decide to voluntary Local community programmes for instance counselling or charitable get the job done.
Reservation within your legal rights
The letter, if drafted by an attorney, should really conclude having an acknowledgement that the law firm has encouraged you over the lawful penalties of remaining untruthful during the letter and an entire reservation within your legal rights.
You may additionally desire to incorporate an affordable deadline in which you assume to get a response, although there is no guarantee the AGC will have any regard to this.
How to Send the Letter of Illustration 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 situation is at a complicated phase of proceedings however, your lawyer could also mail it to a selected prosecutor(s) (or send out it to only these kinds of unique prosecutor(s)).
What are the Attainable Results Upon Sending a Letter of Representation?
If your AGC decides to accede for your request, They might publish back again to inform you of this and list any disorders for his or her arrangement.
Often, They might send a counter-offer whereby they supply to propose a certain sentence for the court, or drop a number Criminal Defence Lawyer Singapore of prices, in case you comply with plead guilty to some or all of the fees, and/or conform to Various other request such as shelling out restitution to your target.
In the event the AGC is unable to accede towards your ask for, you could possibly receive a very shorter template reaction from your AGC stating that, getting carefully thought of your representations, They are really struggling to accede to the request.
Sometimes, no reaction is distributed, and also the prosecutor will simply point out verbally to your court docket 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 requesting leniency or stating that you are sorry.
There are several requests to take into account and a variety of permutations of all Those people requests, several of which may or may not be out there or acceptable to you depending upon the specifics of one's circumstance along with your personal profile.
Just a legal lawyer is able to meaningfully advise you regarding how to greatest advance your passions inside a prison investigation or prosecution.
For this reason, For anyone who is staying investigated for a criminal offense in Singapore, you must often seek out legal guidance from a criminal law firm for the earliest doable prospect.