A letter of illustration is usually a letter to your AGC that sets out explanations why they must either not demand you, drop charges from you or seek out a particular sentence with the court.
In idea, you may deliver as lots of letters of representation as you like, but generally a lawyer would send out in between one–3, based on the strategic factors that may implement for your circumstance. This type of letter may be despatched at any stage of proceedings within 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 can be a legal submission resolved to and filed by using a sentencing court with the target of providing the courtroom with the authorized and factual bases with the sentence you happen to be seeking, in situations in which you have presently been uncovered guilty.
What Goes inside of a Letter of Representation?
Subject matter reference
A letter of representation, if prepared by a lawyer, generally opens which has a reference to the person currently being represented in the letter.
If fees have presently been introduced from that individual, the letter may be captioned by reference to the case amount.
Consequence getting sought
The letter of illustration will then usually open up with a quick statement that points out what outcome to the case the letter will search for.
The possible results Which might be sought consist of the costs being dropped, stern or conditional warnings getting administered or precise sentences becoming advisable into the court from the event of a responsible plea. These letters are occasionally also marked “with out prejudiceâ€.
Reasons for the outcome being sought
The letter must then set out the info related to the situation that assistance the end result being sought. With regards to the strategic considerations with your circumstance, the letter could check with:
Any evidence that supports the specifics on which you rely to help the result remaining sought. Copies of this kind of proof may well even be attached towards the letter, but the choice 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 all of the Criminal Defence Lawyer Singapore conditions of one's case; or
The existence of witnesses who'll corroborate People info. These witnesses may even be recognized with your letter.
Preferably, the letter of illustration should make reference to comparable previous situations which experienced resulted in results similar to These you happen to be trying to find, and make clear 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 upcoming ways, depending on whether or not AGC accedes in your request. These methods may very well be to assert demo, plead responsible or make some applicable submission to court one example is.
Features (if correct)
The letter can, if appropriate, also consist of provides, with or without having an admission of guilt, to carry out other things such as create an apology and/or spend restitution to some target, or to commit to voluntary Neighborhood programmes including counselling or charitable perform.
Reservation of the rights
The letter, if drafted by a lawyer, need to conclude using an acknowledgement that your attorney has suggested you within the authorized repercussions of currently being untruthful while in 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 particular prosecutor(s) (or deliver it to only such specific prosecutor(s)).
Exactly what are the Doable Outcomes Upon Sending a Letter of Representation?
If the AGC decides to accede towards your ask for, They might compose back again to inform you of this and listing any disorders for their arrangement.
In some cases, 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.
When the AGC is struggling to accede on your request, you could receive a pretty limited template response in the AGC stating that, owning thoroughly regarded your representations, They may be unable to accede towards your ask for.
Occasionally, no response is shipped, along with the prosecutor will merely point out verbally to your courtroom that AGC received representations Which they won't accede towards the ask for(s) therein.
—
It ought to be very clear from the above which the drafting of a letter of representation will not be an easy matter of sending a brief letter asking for leniency or saying you're sorry.
There are many requests to take into consideration and a number of permutations of all Individuals requests, some of which might or might not be obtainable or appropriate to you personally depending on the facts of your circumstance and your own profile.
Only a criminal law firm is ready to meaningfully recommend you regarding how to most effective advance your interests inside a criminal investigation or prosecution.
Consequently, Should you be staying investigated for against the law in Singapore, you'll want to normally request lawful advice from a prison law firm with the earliest feasible option.