A letter of illustration is often a letter to your AGC that sets out reasons why they ought to possibly not cost you, fall costs versus you or seek out a selected sentence from your court docket.
In idea, it is possible to send out as numerous letters of illustration as you want, but usually an attorney would deliver concerning 1–three, depending on the strategic issues that may apply in your circumstance. Such a letter could be despatched at any stage of proceedings through the investigation phase to the sentencing stage.
A letter of illustration differs from the mitigation plea. A letter of illustration is tackled to your AGC and seeks their agreement regarding some facet of your circumstance.
Then again, a mitigation plea is usually a legal submission resolved to and submitted using a sentencing court docket with the objective of delivering the court Along with the legal and factual bases for your sentence you will be in search of, in instances in which you have now been discovered guilty.
What Goes in the Letter of Illustration?
Issue reference
A letter of illustration, if created by a lawyer, generally opens that has a reference to the individual staying represented from the letter.
If charges have currently been brought towards that man or woman, the letter can be captioned by reference to the situation selection.
Consequence remaining sought
The letter of illustration will then ordinarily open up with a quick assertion that points out what outcome to the case the letter will find.
The doable outcomes That could be sought contain the costs currently being dropped, stern or conditional warnings currently being administered or distinct sentences staying advisable on the courtroom in the party of the guilty plea. These letters are occasionally also marked “without prejudiceâ€.
Reasons for the outcome becoming sought
The letter must then set out the information appropriate to the situation that guidance the result remaining sought. Depending on the strategic things to consider in the situation, the letter might consult with:
Any evidence that supports the specifics on which you count to assistance the outcome becoming sought. Copies of these kinds of proof may possibly even be connected to your letter, but the choice on whether or not to attach any evidence towards the letter is eventually a strategic just one to be taken by a lawyer, taking into account the many circumstances of your respective scenario; or
The existence of witnesses who'll corroborate Individuals specifics. These witnesses may well even be determined as part of your letter.
Preferably, the letter of illustration really should make reference to very similar previous situations which had resulted in outcomes similar to Individuals you happen to be trying to find, and demonstrate how All those circumstances are analogous (i.e. factually equivalent) in your situation.
Your most likely subsequent measures
The letter of illustration need to then briefly set out your likely future ways, determined by regardless of whether AGC accedes towards your request. These steps may be to assert trial, plead responsible or make some pertinent submission to court such as.
Presents (if acceptable)
The letter can, if acceptable, also incorporate gives, with or without having an admission of guilt, to do other matters including write an apology and/or fork out restitution to some sufferer, or to commit to voluntary Local community programmes such as counselling or charitable get the job done.
Reservation of your rights
The letter, if drafted by an attorney, ought to conclude by having an acknowledgement that your attorney has advised you about the legal repercussions of becoming untruthful from the letter and a full reservation Singapore criminal lawyer of the legal rights.
You may also desire to include an inexpensive deadline inside which you be expecting to receive a response, Whilst there is absolutely no assure the AGC could have any regard to this.
How to Send out the Letter of Representation also to Whom
These letters are typically despatched in PDF structure through a generic online variety taken care of via the AGC for this function.
In case your circumstance is at an advanced stage of proceedings even so, your law firm may also deliver it to a certain prosecutor(s) (or send it to only these kinds of precise prosecutor(s)).
What are the Feasible Outcomes On Sending a Letter of Illustration?
If the AGC decides to accede in your ask for, They could create back again to tell you of this and listing any situations for his or her agreement.
Often, they may ship a counter-offer whereby they provide to endorse a particular sentence into the courtroom, or fall a number of expenses, for those who agree to plead responsible to some or all of the charges, and/or comply with A few other request for instance having to pay restitution to your victim.
If your AGC is unable to accede to the ask for, you might get a very limited template reaction in the AGC stating that, acquiring carefully regarded your representations, They are really unable to accede on your ask for.
At times, no reaction is shipped, as well as the prosecutor will only mention verbally for the courtroom that AGC received representations and that they won't accede into the request(s) therein.
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It should be apparent from the above the drafting of the letter of illustration is not a simple issue of sending a brief letter requesting leniency or saying you might be sorry.
There are several requests to consider and many various permutations of all All those requests, many of which may or may not be obtainable or ideal to you personally depending on the facts of one's situation as well as your very own profile.
Merely a legal attorney is able to meaningfully suggest you on how to greatest advance your interests in a criminal investigation or prosecution.
Hence, In case you are getting investigated for a criminal offense in Singapore, you must generally request lawful assistance from a legal attorney in the earliest possible opportunity.