A letter of representation is actually a letter towards the AGC that sets out main reasons why they ought to either not demand you, drop charges from you or seek out a selected sentence through the court.
In principle, it is possible to send as quite a few letters of representation as you want, but normally a lawyer would ship in between one–3, dependant upon the strategic factors that may implement to your scenario. Such a letter is often sent at any phase of proceedings from your investigation phase for the sentencing phase.
A letter of representation differs from a mitigation plea. A letter of illustration is tackled into the AGC and seeks their arrangement regarding some facet of your case.
Then again, a mitigation plea is a authorized submission addressed to and submitted with a sentencing courtroom with the objective of delivering the court While using the legal 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 man or woman, the letter may be captioned by reference to the situation selection.
End result staying sought
The letter of representation will then normally open up with a brief assertion that explains what final result to the situation the letter will look for.
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 suggested to 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 being sought. With regards to the strategic criteria inside your situation, the letter may well refer to:
Any evidence that supports the specifics on which you rely to help the result remaining sought. Copies of this kind of evidence may well even be hooked up towards the letter, but the decision on irrespective of whether to attach any evidence on the letter is finally a strategic one for being taken by an attorney, having into account each of the situation within your case; or
The existence of witnesses who will corroborate People info. These witnesses may even be discovered in the letter.
Preferably, the letter of illustration should make reference to comparable previous scenarios which experienced resulted in results similar to These you happen to be trying to find, and demonstrate how those instances are analogous (i.e. factually equivalent) to the circumstance.
Your possible next actions
The letter of representation must then briefly established out your probable future ways, depending on whether or not AGC accedes in your ask for. These methods may very well be to assert demo, plead responsible or make some relevant submission to court for instance.
Gives (if proper)
The letter can, if acceptable, also incorporate presents, with or devoid of an admission of guilt, to carry out other matters such as write an apology and/or spend restitution to some victim, or to commit to voluntary Neighborhood programmes including counselling or charitable perform.
Reservation of the rights
The letter, if drafted by a lawyer, must conclude using an acknowledgement that your lawyer has advised you around the legal implications of becoming untruthful within the letter and a full reservation of one's rights.
You may also wish to include an inexpensive deadline within which you expect to get a reaction, While there is not any warranty the AGC should have any regard to this.
Tips on how to Send out the Letter of Illustration and 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 Attainable Outcomes 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-give whereby they supply to advocate a particular sentence towards the court, or fall a number of expenses, in the event you agree to plead responsible to some or all of the costs, and/or conform to Another request such as shelling out restitution to your target.
When the AGC is unable to accede towards your ask for, you Singapore Criminal Defence Lawyer could receive a pretty small template reaction 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 obtained representations Which they won't accede for the request(s) therein.
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It ought to be very clear from the above which the drafting of a letter of representation is not really an easy make a difference of sending a brief letter requesting leniency or stating you are sorry.
There are plenty of requests to take into account and a variety of permutations of all those requests, several of which may or may not be available or ideal for you depending on the info of the case and also your very own profile.
Only a felony lawyer is ready to meaningfully suggest you regarding how to ideal advance your pursuits within a criminal investigation or prosecution.
For this reason, In case you are being investigated for a criminal offense in Singapore, you need to generally seek out legal tips from a felony lawyer within the earliest achievable opportunity.