A letter of representation is usually a letter towards the AGC that sets out explanations why they need to both not charge you, drop charges against you or seek a certain sentence within the court docket.
In principle, it is possible to send as quite a few letters of representation as you want, but generally a lawyer would send out among one–3, depending on the strategic things to consider that could utilize to the case. Such a letter might be sent at any phase of proceedings from your investigation phase for the sentencing phase.
A letter of representation is different from the mitigation plea. A letter of representation is dealt with to the AGC and seeks their arrangement concerning some element of your situation.
Conversely, a mitigation plea is actually a lawful submission tackled to and submitted using a sentencing court docket with the objective of furnishing the courtroom While using the authorized and factual bases with the sentence you might be trying to get, in circumstances in which you have presently been uncovered guilty.
What Goes in a very Letter of Representation?
Subject matter reference
A letter of representation, if prepared by an attorney, normally opens which has a reference to the person staying represented within the letter.
If prices have already been introduced towards that human being, the letter could be captioned by reference to the situation quantity.
Result being sought
The letter of representation will then commonly open with a short assertion that describes what result to the case the letter will seek out.
The probable outcomes Which may be sought involve the charges staying dropped, stern or conditional warnings being administered or certain sentences remaining suggested on the court docket within the celebration of the guilty plea. These letters are occasionally also marked “without the need of prejudiceâ€.
Factors for the end result remaining sought
The letter ought to then established out the points related to the situation that aid the outcome getting sought. Depending upon the strategic concerns with your circumstance, the letter may consult with:
Any evidence that supports the facts upon which you count to aid the outcome currently being sought. Copies of these evidence might even be connected to your letter, but the decision on no matter if to attach any evidence on the letter is in the long run a strategic one to become taken by a lawyer, getting into account all the situations of your respective circumstance; or
The existence of witnesses who will corroborate These points. These witnesses may possibly even be recognized within your letter.
Preferably, the letter of illustration should make reference to comparable previous situations which had resulted in outcomes just like Those people you're searching for, and make clear how All those conditions are analogous (i.e. factually comparable) in your scenario.
Your probable upcoming ways
The letter of illustration must then briefly established out your probable future steps, based upon whether AGC accedes for your request. These measures may be to say demo, plead responsible or make some suitable submission to court docket for example.
Offers (if suitable)
The letter can, if suitable, also contain gives, with or with no an admission of guilt, to try and do other points 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 work.
Reservation of your rights
The letter, if drafted by a lawyer, ought to conclude with an acknowledgement that your lawyer has advised you around the legal consequences of being untruthful within the letter and a full reservation of your rights.
You may also would like to incorporate an inexpensive deadline in just which you hope to get a reaction, While there isn't a assurance the AGC will likely have any regard to this.
The way to Send out the Letter of Illustration also to Whom
These letters are usually sent in PDF format by way of a generic on-line form maintained by the AGC for this intent.
In the event your circumstance is at a complicated phase of proceedings even so, your attorney can also deliver it to a specific prosecutor(s) (or send it to only these types of unique prosecutor(s)).
Exactly what are the Doable Results Upon Sending a Letter of Representation?
If the AGC decides to accede towards your ask for, They might publish back again to inform you of this and record any ailments for his or her arrangement.
Occasionally, they may mail a counter-present whereby they provide to advise a particular sentence to the court Criminal lawyer singapore docket, or fall one or more costs, in the event you conform to plead responsible to some or all of the costs, and/or agree to some other ask for for instance paying out restitution for the victim.
Should the AGC is struggling to accede to the request, you may get a quite quick template response within the AGC stating that, acquiring meticulously regarded as your representations, they are struggling to accede to the request.
Sometimes, no reaction is distributed, and also the prosecutor will simply just point out verbally for the court that AGC obtained representations Which they will not accede to the ask for(s) therein.
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It should be clear from the above mentioned the drafting of a letter of illustration is just not a simple make any difference of sending a brief letter asking for leniency or indicating you will be sorry.
There are numerous requests to think about and many alternative permutations of all People requests, a few of which might or might not be offered or suitable to you personally with regards to the details within your scenario as well as your have profile.
Merely a criminal law firm is in a position to meaningfully recommend you on how to best progress your interests inside of a felony investigation or prosecution.
Hence, For anyone who is getting investigated for a crime in Singapore, it is best to usually request authorized advice from the criminal law firm in the earliest probable possibility.