A letter of representation is a letter towards the AGC that sets out reasons why they must both not charge you, fall costs versus you or find a particular sentence within the courtroom.
In theory, you could ship as many letters of illustration as you like, but ordinarily a lawyer would send amongst 1–three, depending upon the strategic issues that may implement for your circumstance. This type of letter is usually sent at any stage of proceedings in the investigation phase to your sentencing stage.
A letter of representation is different from the mitigation plea. A letter of representation is resolved towards the AGC and seeks their settlement relating to some element of your situation.
Conversely, a mitigation plea can be a lawful submission tackled to and submitted using a sentencing court docket with the objective of furnishing the courtroom While using the authorized and factual bases with the sentence you might be trying to get, in circumstances in which you have presently been uncovered guilty.
What Goes in a very Letter of Representation?
Subject matter reference
A letter of representation, if prepared by an attorney, normally opens which has a reference to the person staying represented within the letter.
If prices have already been introduced versus that individual, the letter may very well be captioned by reference to the case variety.
Outcome currently being sought
The letter of illustration will then generally open up with a brief statement that clarifies what outcome to the situation the letter will request.
The feasible results that may be sought contain the fees being dropped, stern or conditional warnings becoming administered or specific sentences being encouraged towards the courtroom during the occasion of the responsible plea. These letters are sometimes also marked “with no prejudiceâ€.
Explanations for the outcome currently being sought
The letter should really then set out the points related to the situation that guidance the outcome getting sought. Depending upon the strategic considerations with your circumstance, the letter may consult with:
Any proof that supports the points upon which you depend to guidance the result becoming sought. Copies of these kinds of proof may even be attached on the letter, but the choice on no matter if to attach any evidence on the letter is in the long run a strategic one to become taken by a lawyer, getting into account all the situations of your respective circumstance; or
The existence of witnesses who'll corroborate These information. These witnesses may possibly even be discovered in your letter.
Ideally, the letter of representation need to make reference to equivalent past conditions which experienced resulted in results just like All those you might be in search of, and demonstrate how those instances are analogous (i.e. factually equivalent) to the circumstance.
Your possible next actions
The letter of representation must then briefly established out your probable future ways, depending on regardless of whether AGC accedes in your ask for. These methods may very well be to assert demo, plead responsible or make some relevant submission to court for instance.
Gives (if proper)
The letter can, if acceptable, also include things like presents, with or without the need of an admission of guilt, to carry out other things such as create an apology and/or spend restitution to some victim, or to commit to voluntary Neighborhood programmes including counselling or charitable perform.
Reservation of the legal rights
The letter, if drafted by a lawyer, need to conclude using an acknowledgement that the 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 Send the Letter of Illustration also to Whom
These letters are generally despatched in PDF structure through a generic on the internet kind taken care of from the AGC for this objective.
In case your case is at an advanced phase of proceedings on the other hand, your lawyer may also mail it to a selected prosecutor(s) (or Singapore Criminal Defence Lawyer send out it to only these distinct prosecutor(s)).
What exactly are the Achievable Outcomes Upon Sending a Letter of Illustration?
If your AGC decides to accede on your ask for, They might create back to tell 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 into the court docket, or fall one or more charges, if you conform to plead responsible to some or all of the costs, and/or agree to A few other ask for for example having to pay restitution towards the victim.
If your AGC is not able to accede in your request, it's possible you'll get a quite brief template response within the AGC stating that, obtaining very carefully regarded as your representations, they are struggling to accede to the request.
Sometimes, no reaction is distributed, and also the prosecutor will simply just point out verbally for the court that AGC been given representations and that they will not accede into the ask for(s) therein.
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It should be clear from the above mentioned the drafting of a letter of illustration just isn't a simple make any difference of sending a brief letter asking for leniency or indicating you happen to be sorry.
There are numerous requests to consider and many different permutations of all Those people requests, many of which might or might not be accessible or correct for you based on the points of the case plus your possess profile.
Only a prison attorney is ready to meaningfully suggest you on how to finest advance your pursuits in the criminal investigation or prosecution.
As a result, In case you are being investigated for against the law in Singapore, you ought to normally find legal assistance from a prison attorney at the earliest attainable chance.