How to jot down a Letter of Representation to AGC in Singapore
A letter of illustration is really a letter into the AGC that sets out explanation why they should both not demand you, drop rates in opposition to you or request a specific sentence within the courtroom.In principle, you'll be able to mail as several letters of illustration as you like, but generally an attorney would ship concerning 1–3, based on the strategic things to consider that may use towards your situation. This kind of letter may be despatched at any phase of proceedings from your investigation phase to the sentencing stage.
A letter of illustration differs from a mitigation plea. A letter of illustration is addressed on the AGC and seeks their settlement concerning some element of your case.
Then again, a mitigation plea is a authorized submission resolved to and filed that has a sentencing courtroom with the target of giving the court docket Along with the lawful and factual bases for the sentence you might be trying to get, in circumstances in which you have currently been observed guilty.
What Goes inside of a Letter of Representation?
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 case selection.
Outcome staying sought
The letter of representation will then normally open up with a brief assertion that clarifies what end result to the situation the letter will seek.
The attainable results That could be sought include things like the charges getting dropped, stern or conditional warnings staying administered or particular sentences currently being proposed for the courtroom in the occasion of the responsible plea. These letters are sometimes also marked “with no prejudice”.
Reasons for the outcome staying sought
The letter should then set out the specifics relevant to the case that assist the result becoming sought. Dependant upon the strategic considerations within your scenario, the letter may perhaps make reference to:
Any proof that supports the points upon which you rely to assist the end result remaining sought. Copies of this sort of 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 in the long run a strategic one to become taken by a lawyer, getting into account all the situations of the scenario; or
The existence of witnesses who'll corroborate those information. These witnesses may possibly even be discovered in the letter.
Ideally, the letter of representation need to make reference to very similar earlier cases which had resulted in outcomes just like All those that you are seeking, and clarify how Individuals situations are analogous (i.e. factually very similar) to your case.
Your possible up coming methods
The letter of illustration really should then briefly established out your likely next actions, according to no matter if AGC accedes on your ask for. These ways could be to claim trial, plead guilty or make some pertinent submission to courtroom by way of example.
Presents (if ideal)
The letter can, if suitable, also involve features, with or without having an admission of guilt, to perform other points for instance produce an apology and/or pay back restitution to the sufferer, or to decide to voluntary Group programmes such as counselling or charitable function.
Reservation of one's legal rights
The letter, if drafted by a lawyer, should really conclude with the acknowledgement that the lawyer has recommended you around the lawful implications of staying untruthful during the letter and an entire reservation of your respective rights.
You may also wish to incorporate an affordable deadline inside of which you anticipate to get a reaction, Though there's no guarantee the AGC should have any regard to this.
Tips on how to Ship the Letter of Representation also to Whom
These letters are typically despatched in PDF structure through a generic on the web kind taken care of from the AGC for this objective.
In case your case is at an advanced phase of proceedings having said that, your law firm may also deliver it to a specific prosecutor(s) (or send it to only such unique prosecutor(s)).
Exactly what are the Doable Results Upon Sending a Letter of Representation?
If the AGC decides to accede to your ask for, They might publish back again to inform you of this and record any Criminal lawyer singapore ailments for his or her arrangement.
Occasionally, they may mail a counter-present whereby they provide to advise a particular sentence to the court docket, or drop a number of prices, in case you comply with plead guilty to some or all of the fees, and/or conform to Various other request such as shelling out restitution to your target.
In the event the AGC is unable to accede towards your ask for, you could possibly receive a very shorter template reaction from your AGC stating that, getting diligently viewed as your representations, They can be unable to accede to your ask for.
Often, no response is shipped, plus the prosecutor will just mention verbally into the courtroom that AGC obtained representations and that they won't accede for the request(s) therein.
—
It ought to be obvious from the above which the drafting of the letter of representation is not really an easy make a difference of sending a short letter requesting leniency or stating you are sorry.
There are plenty of requests to take into account and many various permutations of all Individuals requests, a number of which may or may not be offered or acceptable for you with regards to the info within your circumstance and your personal profile.
Only a legal attorney is able to meaningfully suggest you regarding how to finest progress your pursuits inside of a criminal investigation or prosecution.
Therefore, If you're becoming investigated for against the law in Singapore, you must usually request authorized advice from the criminal law firm in the earliest probable possibility.