A letter of representation is often a letter to your AGC that sets out explanations why they should possibly not charge you, fall fees towards you or request a specific sentence from the court docket.
In concept, you are able to send out as several letters of illustration as you prefer, but typically an attorney would deliver concerning 1–three, dependant upon the strategic factors which will 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 about some facet of your circumstance.
Then again, a mitigation plea is a authorized submission addressed to and filed with a sentencing courtroom with the target of offering the court docket With all the lawful and factual bases to the sentence that you are searching for, in conditions where you have now been identified responsible.
What Goes inside a Letter of Illustration?
Subject reference
A letter of illustration, if written by a lawyer, ordinarily opens using a reference to the individual becoming represented while in the letter.
If charges have previously been introduced towards that man or woman, the letter might be captioned by reference to the situation number.
Final result remaining sought
The letter of representation will then normally open with a short 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 proposed for the court docket in the function of the responsible plea. These letters are sometimes also marked “devoid of prejudiceâ€.
Reasons for the end result currently being sought
The letter should 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 end result remaining sought. Copies of this kind of evidence may well even be hooked up to the letter, but the decision on irrespective of whether to attach any evidence on the letter is finally a strategic 1 for being taken by an attorney, Singapore Criminal Defence Lawyer having into consideration all of the conditions of your respective circumstance; or
The existence of witnesses who will corroborate These specifics. These witnesses may well even be discovered in your letter.
Ideally, the letter of representation really should make reference to identical past instances which had resulted in results just like Those people you are looking for, and describe how People scenarios are analogous (i.e. factually identical) to your situation.
Your probably following techniques
The letter of illustration should really then briefly set out your probably following techniques, 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 such as.
Offers (if suitable)
The letter can, if suitable, also contain gives, with or with no an admission of guilt, to perform other points for instance generate an apology and/or pay back restitution to the sufferer, or to decide to voluntary community programmes which include counselling or charitable get the job done.
Reservation of the rights
The letter, if drafted by a lawyer, should really conclude using an acknowledgement that your attorney has encouraged you within the lawful effects of remaining untruthful from the letter and a full reservation of the rights.
You may additionally want to include a reasonable deadline inside of which you count on to get a response, Whilst there isn't a assure the AGC should have any regard to this.
The way to Deliver the Letter of Illustration also to Whom
These letters are usually sent in PDF format by way of a generic on-line type maintained by the AGC for this purpose.
If your circumstance is at a complicated phase of proceedings nevertheless, your attorney might also send out it to a specific prosecutor(s) (or deliver it to only such specific prosecutor(s)).
Exactly what are the Feasible Results Upon Sending a Letter of Representation?
Should the AGC decides to accede in your ask for, They might produce back to inform you of this and listing any circumstances for his or her settlement.
Often, They could deliver a counter-supply whereby they provide to endorse a particular sentence to your courtroom, or drop one or more charges, should you comply with plead responsible to some or all of the charges, and/or agree to some other request for example spending restitution towards the victim.
In case the AGC is struggling to accede to your request, chances are you'll get a really limited template reaction within the AGC stating that, having very carefully regarded your representations, These are struggling to accede to your request.
At times, no response is distributed, along with the prosecutor will only point out verbally towards the court that AGC obtained representations and that they will not accede on the ask for(s) therein.
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It ought to be crystal clear from the above mentioned that the drafting of a letter of representation just isn't an easy subject of sending a brief letter asking for leniency or saying you're sorry.
There are lots of requests to contemplate and a number of permutations of all All those requests, several of which may or may not be available or ideal for you according to the specifics of the scenario 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.
Consequently, if you are staying investigated for a criminal offense in Singapore, you should constantly look for lawful information from the prison attorney at the earliest attainable chance.