A letter of representation is really a letter to the AGC that sets out main reasons why they ought to either not cost you, drop rates in opposition to you or look for a selected sentence through the court.
In principle, you'll be able to send as quite a few letters of representation as you want, but normally a lawyer would ship between one–3, depending on the strategic issues that could utilize in your circumstance. This type of letter can be despatched at any stage of proceedings through the investigation stage on the sentencing stage.
A letter of illustration is different from the mitigation plea. A letter of representation is resolved towards the AGC and seeks their settlement concerning some element of your situation.
Conversely, a mitigation plea is actually a lawful submission dealt with to and filed which has a sentencing courtroom with the target of offering the court docket With all the lawful and factual bases for your sentence that you are searching for, in circumstances where you have by now been discovered responsible.
What Goes in a Letter of Illustration?
Issue reference
A letter of representation, if penned by a lawyer, commonly opens having a reference to the individual being represented while in the letter.
If charges have presently been introduced towards that man or woman, the letter might be captioned by reference to the situation selection.
Final result remaining sought
The letter of representation will then normally open up with a short statement that points out what consequence to the case the letter will request.
The feasible results that may be sought contain the fees becoming dropped, stern or conditional warnings currently being administered or unique sentences getting encouraged to the courtroom from the event of a responsible plea. These letters are occasionally also marked “without having prejudiceâ€.
Good reasons for the outcome getting sought
The letter really should then set out the information suitable to the case that help the end result remaining sought. According to the strategic things to consider in your situation, the letter may possibly check with:
Any evidence that supports the information on which you count to assistance the end result staying sought. Copies of such evidence may possibly even be hooked up to the letter, but the decision on no matter if to attach any evidence for the letter is finally a strategic 1 for being taken by an attorney, having into consideration each of the conditions of your respective case; or
The existence of witnesses who will corroborate Individuals specifics. These witnesses may perhaps even be identified inside your letter.
Ideally, the letter of illustration really should make reference to similar previous instances which experienced resulted in results comparable to Those people you're searching for, and make clear how All those conditions are analogous (i.e. factually similar) for your Singapore criminal lawyer situation.
Your very likely upcoming ways
The letter of representation ought to 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 for example.
Offers (if suitable)
The letter can, if suitable, also contain gives, with or with no an admission of guilt, to try and do other points for instance generate an apology and/or pay restitution to a victim, or to commit to voluntary community programmes like counselling or charitable function.
Reservation of one's rights
The letter, if drafted by a lawyer, ought to conclude with the acknowledgement that your lawyer has suggested you around the legal implications of becoming untruthful from the letter and a full reservation of one's rights.
You may also wish to include an inexpensive deadline in just which you hope to get a reaction, Whilst there is not any warranty the AGC should have any regard to this.
Ways to Mail the Letter of Illustration and also to Whom
These letters are usually sent in PDF format by way of a generic on-line form maintained by the AGC for this intent.
In the event your circumstance is at a complicated phase of proceedings even so, your attorney can also deliver it to a specific prosecutor(s) (or send it to only these types of unique prosecutor(s)).
Exactly what are the Attainable Outcomes Upon Sending a Letter of Representation?
If the AGC decides to accede towards your ask for, They might publish back again to inform you of this and list any disorders for his or her arrangement.
Often, They might send a counter-offer whereby they supply to propose a certain sentence for the court, or fall a number of fees, should you agree to plead guilty to some or all of the fees, and/or comply with Various other request such as shelling out restitution to your target.
Should the AGC is struggling to accede to your ask for, chances are you'll get a extremely short template reaction with the AGC stating that, possessing cautiously considered your representations, They are really not able to accede in your request.
From time to time, no reaction is sent, and the 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 mentioned that the drafting of the letter of illustration isn't a simple subject of sending a short letter asking for 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 ready to meaningfully suggest you on how to most effective advance your pursuits inside of a legal investigation or prosecution.
Hence, For anyone who is getting investigated for against the law in Singapore, you must usually search for authorized advice from the criminal attorney in the earliest probable possibility.