A letter of illustration is usually a letter to your AGC that sets out explanation why they ought to either not demand you, fall costs versus you or find a particular sentence in the court docket.
In idea, it is possible to deliver as lots of letters of representation as you like, but generally a lawyer would send out among one–3, based on the strategic criteria which could utilize to the case. This type of letter may be despatched at any stage of proceedings with the investigation stage into the sentencing stage.
A letter of illustration is different from the mitigation plea. A letter of representation is dealt with for the AGC and seeks their settlement with regards to some aspect of your scenario.
On the other hand, a mitigation plea is often a legal submission resolved to and filed that has a sentencing court with the target of giving the court docket Using the authorized and factual bases for that sentence you're 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 versus that particular person, the letter may very well be captioned by reference to the case range.
Outcome currently being sought
The letter of illustration will then generally open up with a brief statement that clarifies what outcome to the situation the letter will request.
The feasible results that may be sought contain the fees becoming dropped, stern or conditional warnings currently being administered or certain sentences being advised to your court inside the party of a guilty plea. These letters are occasionally also marked “without prejudiceâ€.
Causes for the result being sought
The letter must then established out the facts pertinent to the situation that support the outcome currently being sought. Depending upon the strategic concerns with your circumstance, the letter might confer with:
Any proof that supports the facts upon which you depend to aid the outcome getting sought. Copies of these proof might even be connected to your letter, but the choice on regardless of whether to connect any proof into the letter is in the end a strategic one particular being taken by an attorney, taking into consideration every one of the instances of your circumstance; or
The existence of witnesses who will corroborate Individuals info. These witnesses may perhaps even be identified within your letter.
Preferably, the letter of illustration should really make reference to comparable previous situations which experienced resulted in results similar to These you might be in search of, and demonstrate how those instances are analogous (i.e. factually equivalent) to the scenario.
Your possible next actions
The letter of representation must then briefly established out your probable future ways, based on regardless of whether 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 include things like presents, with or without the need of an admission of guilt, to Criminal Defence Lawyer Singapore carry out other things such as create an apology and/or spend restitution to some victim, or to commit to voluntary Neighborhood programmes such as counselling or charitable perform.
Reservation of the rights
The letter, if drafted by a lawyer, must conclude using an acknowledgement that your attorney has suggested you within the authorized effects of getting untruthful inside the letter and a complete reservation of the rights.
You might also want to include a reasonable deadline inside which you anticipate to receive a response, although there is no guarantee the AGC will have any regard to this.
How to Mail the Letter of Illustration also to Whom
These letters are generally despatched in PDF structure through a generic on the internet type taken care of from the AGC for this objective.
If your case is at a complicated phase of proceedings on the other hand, your attorney may additionally ship it to a certain prosecutor(s) (or ship it to only this kind of particular prosecutor(s)).
What are the Possible Results On Sending a Letter of Illustration?
In the event the AGC decides to accede in your request, they may generate again to tell you of this and checklist any circumstances for their settlement.
From time to time, They might ship a counter-provide whereby they provide to advocate a particular sentence towards the court, or fall a number of fees, should you agree to plead responsible to some or all of the fees, and/or comply with Another request which include spending restitution on the target.
When the AGC is struggling to accede on your ask for, you could receive a really quick template reaction from your AGC stating that, getting carefully viewed as your representations, They can be not able to accede to the ask for.
Often, no reaction is distributed, plus the prosecutor will only mention verbally towards the court that AGC obtained representations and that they will not accede to your ask for(s) therein.
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It ought to be apparent from the above that the drafting of a letter of representation isn't a simple matter of sending a short letter requesting leniency or indicating that you are sorry.
There are many requests to think about and many various permutations of all Individuals requests, a few of which may or may not be available or appropriate to you personally depending upon the points within your scenario along with your possess profile.
Merely a legal attorney is able to meaningfully advise you on how to most effective progress your pursuits in the legal investigation or prosecution.
That's why, In case you are getting investigated for a crime in Singapore, you should always request lawful information from the legal lawyer within the earliest probable prospect.