A letter of representation is often a letter on the AGC that sets out explanations why they must either not cost you, fall costs versus you or search for a specific sentence from the court.
In idea, you could ship as many letters of illustration as you prefer, but typically an attorney would ship between one–3, depending upon the strategic criteria that will use in your circumstance. This type of letter can be despatched at any phase of proceedings through the 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 agreement regarding some element of your case.
On the flip side, a mitigation plea is really a lawful submission addressed to and filed that has a sentencing court docket with the objective of delivering the court docket with the authorized and factual bases with the sentence you will be seeking, in instances in which you have already been located responsible.
What Goes inside a Letter of Illustration?
Issue reference
A letter of representation, if composed by an attorney, usually opens using a reference to the individual becoming represented while in the letter.
If rates have presently been introduced against that particular person, the letter may very well be captioned by reference to the case selection.
Final result remaining sought
The letter of representation will then normally open up with a brief statement that explains what final result to the situation the letter will look for.
The attainable results Which might be sought consist of the costs currently being dropped, stern or conditional warnings remaining administered or particular sentences getting encouraged to the court inside the celebration of the responsible plea. These letters are occasionally also marked “without prejudiceâ€.
Reasons for the outcome getting sought
The letter must then set out the facts related to the case that assistance the outcome becoming sought. Based on the strategic criteria within your scenario, the letter may consult with:
Any proof that supports the points upon which you rely to assist the result being sought. Copies of this sort of proof may perhaps even be attached towards the letter, but the decision on whether or not to connect any proof to your letter is ultimately a strategic a single to get taken by an attorney, using into consideration every one of the conditions of your scenario; or
The existence of witnesses who will corroborate Individuals facts. These witnesses could even be determined in the letter.
Ideally, the letter of representation need to make reference to very similar earlier cases which experienced resulted in outcomes similar to Those people you are looking for, and clarify how Those people instances are analogous (i.e. factually equivalent) to the circumstance.
Your possible next actions
The letter of representation need to then briefly established out your probable future steps, based upon no matter whether AGC accedes in your request. These ways may very well be to say trial, plead guilty or make some applicable submission to courtroom as an example.
Gives (if suitable)
The letter can, if correct, also include things like delivers, with or without having an admission of guilt, to do other points including write an apology and/or shell Criminal lawyer singapore out restitution to a sufferer, or to commit to voluntary community programmes such as counselling or charitable get the job done.
Reservation of one's legal rights
The letter, if drafted by a lawyer, should really conclude using an acknowledgement that the law firm has encouraged you about the authorized consequences of staying untruthful inside the letter and a full reservation of your respective rights.
You may also wish to incorporate an affordable deadline in which you count on to receive a reaction, While there isn't a promise the AGC can have any regard to this.
The best way to Send the Letter of Illustration and also to Whom
These letters are typically despatched in PDF structure through a generic on-line form preserved by the AGC for this reason.
When your situation is at a complicated phase of proceedings nonetheless, your lawyer may deliver it to a specific prosecutor(s) (or ship it to only such distinct prosecutor(s)).
Exactly what are the Feasible Results Upon Sending a Letter of Representation?
If the AGC decides to accede to your ask for, They could produce back again to inform you of this and list any disorders for his or her arrangement.
At times, they may send a counter-give whereby they supply 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.
If the AGC is struggling to accede towards your request, chances are you'll get a very brief template reaction from the AGC stating that, possessing carefully deemed your representations, They are really unable to accede to your request.
From time to time, no response is sent, along with the prosecutor will simply mention verbally towards the court docket that AGC received representations and that they will not accede to your ask for(s) therein.
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It should be obvious from the above mentioned which the drafting of a letter of representation is just not a straightforward make a difference of sending a short letter requesting leniency or indicating you are sorry.
There are numerous requests to look at and a variety of permutations of all Individuals requests, a number of which might or might not be available or suitable to you with regards to the specifics of the scenario plus your own profile.
Only a criminal lawyer is in a position to meaningfully advise you regarding how to most effective advance your interests within a legal investigation or prosecution.
That's why, Should you be staying investigated for against the law in Singapore, you should always request authorized information from the prison lawyer within the earliest feasible prospect.