A letter of representation is often a letter towards the AGC that sets out reasons why they need to possibly not charge you, drop rates versus you or find a particular sentence within the courtroom.
In theory, you could ship as numerous letters of illustration as you like, but ordinarily a lawyer would send involving 1–three, with regards to the strategic factors which will apply on your situation. This kind of letter could be despatched at any stage of proceedings within 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 about some facet of your circumstance.
Then again, a mitigation plea is a authorized submission addressed to and submitted with a sentencing courtroom with the objective of supplying the court Together with the legal and factual bases for that sentence you are trying to find, in instances in which you have currently been located responsible.
What Goes inside a Letter of Illustration?
Topic reference
A letter of illustration, if written by an attorney, ordinarily opens using a reference to the individual becoming represented from the letter.
If costs have by now been brought in opposition to that human being, the letter could be captioned by reference to the situation quantity.
Result being sought
The letter of representation will then ordinarily open with a short 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 currently being dropped, stern or conditional warnings currently being administered or distinct sentences currently being proposed for the court docket in the function of the guilty plea. These letters are sometimes also marked “without having prejudiceâ€.
Explanations for the outcome currently being sought
The letter should really 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 attached for the letter, but the choice on whether to attach any evidence to your letter is finally a strategic 1 to get taken by an attorney, having into consideration each of the conditions within your case; or
The existence of witnesses who will corroborate People info. These witnesses may even be identified Criminal lawyer singapore within your letter.
Preferably, the letter of illustration need to make reference to identical past instances which had resulted in results comparable to Those people you are looking for, and make clear how All those conditions are analogous (i.e. factually similar) for your situation.
Your very likely upcoming 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 suitable submission to court docket such as.
Offers (if appropriate)
The letter can, if suitable, also contain gives, with or with no an admission of guilt, to perform other points for instance produce an apology and/or pay back restitution to the sufferer, or to commit to voluntary Group programmes such as counselling or charitable function.
Reservation within your legal rights
The letter, if drafted by an attorney, should conclude with an acknowledgement that your lawyer has encouraged you to the authorized outcomes of staying untruthful from the letter and an entire reservation of your respective legal rights.
You may additionally desire to incorporate an affordable deadline in which you assume to receive a response, Though there's no ensure the AGC can have any regard to this.
The best way to Deliver the Letter of Representation and to Whom
These letters are typically despatched in PDF structure by using a generic on the net sort preserved with the AGC for this function.
Should your situation is at an advanced stage of proceedings however, your law firm could also mail it to a selected prosecutor(s) (or send out it to only these kinds of certain prosecutor(s)).
What exactly are the Feasible Outcomes On Sending a Letter of Illustration?
If your AGC decides to accede to the request, they may write back to tell you of the and checklist any circumstances for his or her agreement.
In some cases, They could send out a counter-offer you whereby they provide to suggest a specific sentence on the court docket, or drop one or more rates, when you comply with plead guilty to some or all of the charges, and/or conform to Several other ask for including paying restitution to the sufferer.
In case the AGC is not able to accede for your ask for, chances are you'll get a really short template reaction with the AGC stating that, possessing cautiously considered your representations, These are not able to accede for your request.
From time to time, no reaction is sent, as well as prosecutor will only mention verbally towards the court docket that AGC gained representations and that they will not accede to your request(s) therein.
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It should be apparent from the above that the drafting of the letter of illustration isn't a straightforward subject of sending a short letter requesting leniency or expressing you might be sorry.
There are lots of requests to consider 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.
Consequently, For anyone who is currently being investigated for a crime in Singapore, it is best to often seek authorized guidance from the legal attorney with the earliest doable possibility.