A letter of illustration is usually a letter on the AGC that sets out explanation why they ought to either not demand you, drop charges from you or seek out a particular sentence with the court.
In idea, you may deliver as lots of letters of representation as you like, but commonly a lawyer would deliver concerning 1–3, depending upon the strategic issues that may implement for your circumstance. Such a letter is usually sent at any phase of proceedings from your investigation phase on the sentencing stage.
A letter of illustration is different from the mitigation plea. A letter of illustration is resolved to the AGC and seeks their arrangement regarding some facet of your case.
On the flip side, a mitigation plea is really a lawful submission addressed to and submitted having a sentencing courtroom with the objective of delivering the court Together with the legal and factual bases to the sentence you are in search of, in cases in which you have currently been observed guilty.
What Goes in a very Letter of Representation?
Matter reference
A letter of representation, if composed by an attorney, normally opens that has a reference to the person currently being represented in the letter.
If fees have already been brought versus that individual, the letter could be captioned by reference to the case range.
End result currently being 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 could be sought include things like the charges getting dropped, stern or conditional warnings remaining administered or particular sentences currently being proposed to the court docket in the event of a responsible plea. These letters are occasionally also marked “without having prejudiceâ€.
Good reasons for the outcome getting sought
The letter really should then set out the information suitable to the situation that assistance the end result remaining sought. According to the strategic issues in your situation, the letter may possibly check with:
Any evidence that supports the information upon which you count to support the end result staying sought. Copies of such evidence may possibly even be hooked up to the letter, but the decision on no matter if to connect any evidence towards the letter is eventually a strategic just one to be taken by a lawyer, using into account many of the circumstances of one's scenario; or
The existence of witnesses who'll corroborate Those people details. These witnesses could even be determined as part of your letter.
Preferably, the letter of representation must make reference to related earlier conditions which had resulted in outcomes much like People you will be trying to get, and explain how These circumstances are analogous (i.e. factually related) on your circumstance.
Your likely subsequent measures
The letter of representation need to then briefly established out your likely next methods, dependant upon regardless of whether AGC accedes towards your request. These steps Singapore Criminal Defence Lawyer could be to assert demo, plead guilty or make some pertinent submission to court docket such as.
Features (if ideal)
The letter can, if ideal, also incorporate delivers, with or without having an admission of guilt, to accomplish other issues like write an apology and/or pay back restitution to the target, or to commit to voluntary Neighborhood programmes such as counselling or charitable work.
Reservation within your legal rights
The letter, if drafted by a lawyer, ought to conclude with an acknowledgement that the attorney has suggested you on the lawful repercussions of becoming untruthful from the letter and a full reservation of one's legal rights.
You may also would like to include an affordable deadline inside of which you be expecting to receive a response, While there is absolutely no guarantee the AGC should have any regard to this.
Tips on how to Deliver the Letter of Illustration also to Whom
These letters are generally sent in PDF format by means of a generic on the net type taken care of with the AGC for this reason.
In the event your case is at an advanced stage of proceedings even so, your law firm may also deliver it to a particular prosecutor(s) (or ship it to only these types of certain prosecutor(s)).
What are the Attainable Outcomes Upon Sending a Letter of Illustration?
In case the AGC decides to accede for your ask for, They could create again to inform you of this and list any disorders for his or her arrangement.
At times, they may send a counter-offer whereby they supply to propose a certain sentence for the court, or fall a number of fees, should you agree to plead guilty to some or all of the fees, and/or comply with Various other request such as shelling out restitution on the target.
When the AGC is unable to accede on your ask for, you could receive a pretty small template response in the AGC stating that, having diligently regarded your representations, They may be unable to accede towards your ask for.
At times, no response is shipped, along with the prosecutor will just mention 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 make a difference 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 info within your case plus your possess profile.
Only a prison attorney is in a position to meaningfully suggest you on how to most effective advance your interests in the legal investigation or prosecution.
As a result, Should you be becoming investigated for against the law in Singapore, you ought to always find legal information from a prison attorney at the earliest doable chance.