A letter of representation is a letter into the AGC that sets out explanation why they need to possibly not cost you, drop prices in opposition to you or seek a certain sentence from your court docket.
In principle, you are able to mail as a lot of letters of representation as you want, but usually an attorney would ship between one–3, depending upon the strategic issues that may implement for your circumstance. Such a letter is usually sent at any stage of proceedings from the investigation phase to the sentencing phase.
A letter of representation differs from a mitigation plea. A letter of illustration is addressed on the AGC and seeks their agreement pertaining to some aspect of your scenario.
However, a mitigation plea is often a legal submission dealt with to and filed that has a sentencing court with the target of supplying the court docket Using the lawful and factual bases for the sentence you will be looking for, in scenarios where you have previously been found responsible.
What Goes in a Letter of Representation?
Issue reference
A letter of representation, if published by a lawyer, generally opens with a reference to the individual remaining represented inside the letter.
If prices have now been brought from that individual, the letter can be captioned by reference to the case amount.
Consequence becoming sought
The letter of illustration will then usually open with a quick statement that points out what consequence to the case the letter will search for.
The possible outcomes Which might be sought consist of the costs remaining dropped, stern or conditional warnings getting administered or precise sentences being advised into the court while in 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 on the strategic factors as part of your circumstance, the letter might check with:
Any evidence that supports the information on which you count to assistance the end result staying sought. Copies of these types of evidence may possibly even be hooked up to the letter, but the decision on no matter whether to connect any evidence towards the letter is eventually a strategic just one for being taken by an attorney, having into consideration all of the conditions of your respective circumstance; or
The existence of witnesses who will corroborate Singapore criminal lawyer These specifics. These witnesses might even be identified in your letter.
Preferably, the letter of illustration need to make reference to identical past instances which had resulted in outcomes 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 then briefly set out your most likely up coming methods, determined by irrespective of whether AGC accedes to your request. These actions might be to say trial, plead guilty or make some appropriate submission to courtroom one example is.
Features (if correct)
The letter can, if appropriate, also include provides, with or with out an admission of guilt, to accomplish other items for example publish an apology and/or shell out restitution to your sufferer, or to decide to voluntary Local community programmes for instance counselling or charitable do the job.
Reservation within your legal rights
The letter, if drafted by an attorney, should really conclude having an acknowledgement that the law firm has encouraged you over the lawful penalties of remaining untruthful during the letter and an entire reservation within your legal rights.
You may additionally desire to incorporate an affordable deadline in which you assume to get a response, Though there's no ensure the AGC can have any regard to this.
Ways to Ship the Letter of Illustration and also to Whom
These letters are usually sent in PDF format via a generic online form managed via the AGC for this intent.
If the scenario is at a sophisticated stage of proceedings nonetheless, your lawyer might also send it to a specific prosecutor(s) (or mail it to only these types of precise prosecutor(s)).
What exactly are the Attainable Outcomes Upon Sending a Letter of Representation?
Should the AGC decides to accede towards your ask for, They might compose back to inform you of the and listing any problems for their agreement.
Sometimes, They could send out a counter-offer you whereby they provide to suggest a specific sentence to the court docket, or fall one or more costs, if you conform to plead responsible to some or all of the costs, and/or agree to some other ask for for example paying out restitution towards the victim.
Should the AGC is not able to accede in your request, it's possible you'll get a quite quick template response within the AGC stating that, acquiring very carefully regarded as your representations, they are struggling to accede to the request.
Sometimes, no response is sent, along with the prosecutor will just mention verbally into the court that AGC obtained representations and that they will not accede into the request(s) therein.
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It should be very clear from the above mentioned the drafting of the letter of illustration is not a straightforward subject of sending a short letter requesting leniency or expressing you might be sorry.
There are lots of requests to look at and numerous permutations of all Individuals requests, some of which might or might not be obtainable or appropriate to you personally according to the facts of your respective situation and your individual profile.
Only a prison attorney is in a position to meaningfully recommend you on how to most effective progress your interests in a very legal investigation or prosecution.
Hence, For anyone who is becoming investigated for against the law in Singapore, you must always search for authorized information from a criminal attorney in the earliest doable possibility.