Dear Honorable Judge, I am writing this statement to explain the circumstances regarding a traffic infraction I received on the afternoon of [Date]. Use formal language, and do not abbreviate words. In the opening paragraph, briefly describe why you're writing and the circumstances behind the incident. Friends and foes present mitigation letters in support of former Hong Kong leader Donald Tsang During my seven-year tenure as SJ, I had on numerous occasions tendered legal advice to … This is clearly an attractive option if you do not want to attend the hearing and can also result in a financial saving by avoiding a day off work. Mitigation investigations should be conducted in all homicide cases, regardless of the penalty associated with the charge. Obtaining maximum credit for a guilty plea can only be guaranteed if he pleads on the earliest reasonable occasion, and with the near ubiquity these days of early guilty plea schemes this has become even more important. A mitigation letter is written by your attorney on your behalf to the prosecution. The good mitigation begins with the client’s very first appearance in court. The most effective use of a mitigation specialist is to include them right from the beginning of the case as part of the defense team. Mitigation Report – JW Prepared by the Youth Sentencing & Reentry Project (YSRP) Submitted to Counsel via Email on August 9, 2016 I. Inform the court of your relationship with the defendant if you are an interested party writing the letter. A mitigation letter from an attorney is one way to achieve a more favorable outcome when one is under prosecution for a DUI offense. Identify the asset ID and asset description for each asset you are petitioning and indicate your role as a petitioner for each asset. Many criminal defense attorneys use letters written to the judge as a way to present sentencing mitigation evidence to the court. Letter to da to reduce my speeding ticket help! Re: Mitigation Letter Dear Honorable Judge, I am writing to explain the circumstances regarding a traffic infraction I received on the early morning of Saturday, September 13th. The letter informs the court that the person wishes to plead guilty by post in order to avoid having to attend at court on the date indicated in the summons. Mitigation Report – JW Prepared by the Youth Sentencing & Reentry Project (YSRP) Submitted to Counsel via Email on August 9, 2016 I. A Judge or Magistrate in court has limited time for each case in a day. INTRODUCTION The Youth Sentencing & Reentry Project (YSRP) wrote this report in support of the presentation to the Court by court-appointed counsel RB. The court changed my court date but didn't tellme untill 2 weeks after the original date. The court changed my court date but didn't tellme untill 2 weeks after the original date. There is usually a morning tea break from 11:30am-12pm, and a lunch break from 1pm-2pm. It may also be appropriate to write a strong detailed letter in mitigation to the court for you to dispense with or as an alternative to an attendance. Judges don't want you to recommend your own punishment, either – a judge is unlikely to grant leniency if you are only writing because you're scared of doing time. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Detail whether any benefit accrued to the defendant by his actions, and importantly, detail out what the impact of the defendant's actions were on those close to him. This letter generally details the accused person's strong moral character and/or any hardships that serve as extenuating circumstances, and it attempts to influence the prosecutor to drop or reduce charges. A mitigation plea, in short, is a submission of facts or law as to persuade the court that you should be given a lighter sentence. Genuine remorse is a mitigating factor in its own right, so be clear that you've accepted responsibility and showed remorse. Character reference letters should be a part of your sentence-mitigation strategy. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. How to write a mitigation letter for the court | legalbeagle. The court will now need to decide what type of sentence it should impose on you. personal mitigation that should – and should not – be incorporated into sentencers’ decision-making. I I had written a letter explaning that it was out of character for me-it is, don't know if this had any baring on the result but i was looking at 5-6 points and a high fine and costs. How many times have you heard the same drone in court? Numerous tasks ask you to file a cover letter along with your various other application materials, yet even if a cover letter is optional, you could seize the day to send one along. Many Defendants genuinely have no idea what issues to raise by mitigation and often prepare documents that the Court feels are not pertinent to either the offence, or the implications. A comprehensive mitigation report takes extensive research and investigation. I received a letter of appology and explanation that they were short staffed. Find out what a person was sentenced to after he is found guilty→, Can I sue someone for making a false accusation?→, Advantages & Disadvantages of Crown Courts→. However, before the court decides on the sentence, you will have a chance to make a mitigation plea to ask for a more lenient punishment. Create a character letter format tailored specifically to the client. The mitigation, like the call speech, has become formatted, fossilized and rendered infertile. Create a character letter format tailored specifically to the client. Mitigation plans outline strategies, specific activities, or other actions needed to minimize the difficulties people with disabilities may have in using that IT system. Draft included. This is done by your lawyer or by yourself if you are not legally represented. If drug or alcohol addiction contributed to the incident, explain how you're making an effort at rehabilitation. If this is your first offense, be sure to mention your lack of a prior criminal record. Use formal language, and do not abbreviate words. A letter of mitigation, particularly if it is prepared for you, will be more relevant and powerful. Presenting this evidence to the judge when the judge reviews the Presentence Report and the Sentencing Pleadings is important because most federal sentencing hearings are brief in duration. The magistrates are usually happy to read a character reference that you provide, before deciding what penalty to impose, and remember, anything that they read may affect their decision. A Plea in Mitigation is a formal statement that you or your lawyer will read to the court after you have pleaded guilty or admitted the offence. Tell the court that you are ready to face the consequences of your actions, but ask for the opportunity to prove your remorse and change your behavior. Detail whether any benefit accrued to the defendant by his actions, and importantly, detail out what the impact of the defendant's actions were on those close to him. For example, if you're a poor student struggling to pay tuition, a heavy fine could be detrimental to your career prospects in the long run. Explain how the defendant responded to investigator requests, how he acted during the investigation and whether he was forthcoming as to his actions during interviews and questioning. The author must be ready to depose before the court as a character witness. This letter can be used by a person who has received a summons to appear before a Magistrates' Court to answer a speeding charge. Obtaining maximum credit for a guilty plea can only be guaranteed if he pleads on the earliest reasonable occasion, and with the near ubiquity these days of early guilty plea schemes this has become even more important. However, before the court decides on the sentence, you will have a chance to make a mitigation plea to ask for a more lenient punishment. Include the date. This is clearly an attractive option if you do not want to attend the hearing and can also result in a financial saving by avoiding a day off work. what else would you advise for a drink driving case Submitted: 10 years ago. Introduction. The topic is important because decisions about mitigating and aggravating factors An apology letter to the court can explain the mitigating circumstances, and your remorse for your actions as a result. Writing a mitigation letter means you're asking the court for leniency in sentencing. You are required to provide either an electronic email address or a current mailing address so the Court's response can be sent to you. I had just finished attending a job function in Kaneohe and was driving along the H3 onto the H2. The term ‘mitigation’ is used to refer to any aspect of a case that reduces the severity of the sentence passed.‘Personal mitigation’ refers to factors relating to the offender rather than the offence. Any help would be much appreciated!-----To **** County Court I would first like to start this letter with a full confession. Traffic infraction mitigation program | spokane county, wa. A letter of mitigation, particularly if it is prepared for you, will be more relevant and powerful. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. Com. The last thing a court wants to read are reasons why you think your behavior was justified. While there is no specific rule, it’s recommended to use your best 2 to 4 character reference letters in court for a criminal or traffic offence. Mitigation | speeding mitigation letter. If you are the defendant, lay out a brief summary of your accomplishments, your family specifics and the amount of time you have lived in the local community or been involved in the subject matter that is the basis of your current administrative action. A "plea in mitigation" is when you ask the court to be lenient when imposing sentence. Finish the letter by explaining how the penalty will affect your life. The duty to mitigate is an employment law principle that requires employees who are terminated without reasonable notice (i.e. What is a plea in mitigation? How to Write a Letter to a Court for Drunk Driving, How to Write a Letter to a Judge to Get Someone Out of Jail. The mental state and motives of the defendant is important to an adjudicator for sentencing purposes. Virtually every person facing criminal punishment wants to know the factors that might cause a judge to increase the sentence. He is an attorney with experience in health care, family and criminal prosecution issues. How To Write Mitigation Letter Image collections Letter Format See to it your cover letter consists of these three points Numerous tasks ask you to file a cover letter along with your various other application materials, yet even if a cover letter is optional, you could seize the day to send one along. Nolo: Mitigating Circumstances in Sentencing, Sample Letter HQ: Sample Plea Letter to Judge for Speeding Ticket. But an outpouring of support attempts suggests otherwise. Character references can be particularly helpful when presenting mitigation in court. Judges are free to consider almost any circumstance that justifies a lesser punishment, from lack of a prior criminal record to a recent bereavement that put you under emotional stress. Describe the defendant's criminal history to the adjudicator. They can be sent to a judge before an individual is sentenced and before the legal counsel has pleaded their case before the court. i want to write a letter to the judge and i don't know how i would write it i know i would start out like dear honorable judge but then i don't know what else to write it is for a fight i got charged with an assault my first one so i don't know It follows a guilty plea or a conviction after trial. An apology letter to the court can explain the mitigating circumstances, and your remorse for your actions as a result. Detail to the adjudicator the defendant's full compliance with the investigation of this matter. In reality, mitigation is only worth presenting if you are facing a prison sentence; it may just persuade the court to give you community service instead. This is a startling finding because there was nothing stopping the employee from calling these witnesses and there is no legal principle requiring an employer to call witnesses who can assist the accused employee. For example, some courts have ignored as a mitigating factor the defendant’s waiver of the right to a jury trial. Focus on explaining who you are and why you acted out of character, or if there were very unusual circumstances when committing the offense. One court rejected harsh prison conditions the defendant faced as a mitigator. The sort of information the court wants to hear from you includes: The plea in mitigation (also known as the mitigation plea) is the written or oral presentation to the Court of your mitigation factors. Based near Chicago, Sameca Pandova has been writing since 1995 and now contributes to various websites. In such situations, we write a mitigation letter to the prosecution in order to reach an agreed sentence or to have charges dismissed or amended. This letter generally details the accused person's strong moral character and/or any hardships that serve as extenuating circumstances, and it attempts to influence the prosecutor to drop or reduce charges. Court sits between 9:30am – 4pm. Stick to the situations that influenced your behavior in some way so the judge gets a better understanding of why you acted the way you did. i want to write a letter to the judge and i don't know how i would write it i know i would start out like dear honorable judge but then i don't know what else to write it is for a fight i got charged with an assault my first one so i don't know. Determine your themes for mitigation and choose the best people to write the letters to support each theme. In order to write the character reference letter for court, the following steps can be vital: The tone of the Character Reference Letter. You want to give the judge the facts, not your whole life story. For example, if the physician in the above scenario acted to protect a vulnerable colleague, rather than to enrich herself, make this clear to the adjudicator. Writing a mitigation letter means you're asking the court for leniency in sentencing. The easiest way to find out what punishment the court is likely to impose is to use our Driving Ban Calculator , or download a copy of the Magistrates Court Sentencing Guidelines . Writing a mitigation letter means you're asking the court for leniency in sentencing. Jayne Thompson earned an LL.B. I would like to ask for mitigation in recognition of my record and circumstances. If the defendant has no criminal history, explain how he has lived a crime-free life and ask for leniency so as not to place a black mark on his future. No worries! For guidance, email Michael@MichaelSantos.com or call 415-419-1728. These are called aggravating circumstances.But for every yin there’s a yang: Judges must also consider mitigating circumstances when sentencing defendants. In order to write the character reference letter for court, the following steps can be vital: The tone of the Character Reference Letter. how do i start a letter of mitigation for a drink driving offence & what terms will i need to know in court in order to reduce my sentence. Criminal Lawyer: Ely , Counselor at Law replied 8 years ago If the defendant has an existing criminal history, then you can plead for leniency to allow the defendant a chance to redeem himself, or suggest that counselling and therapy are appropriate, as opposed to a period of incarceration. in International Law from the University of East London. Her work has appeared on numerous legal blogs including Quittance, Upcounsel and Medical Negligence Experts. She practiced in various “Big Law” firms before launching a career as a commercial writer. For the majority of Magistrates Court cases, the Defendant will be given the opportunity to plead guilty and present mitigation by letter. Often the court room prosecutor will need to review the mitigation letter with their supervisor or the police officials involved before they make a decision on our request. Pandova holds a Master of Laws in health law from Loyola University Chicago, a Juris Doctor from Case Western Reserve University and a Bachelor of Arts in history and political science from Case Western. what else would you advise for a … (3) Is perfected against the specific property forfeited for which remission or mitigation is sought (e.g., a real estate mortgage; a mechanic’s lien). An apology letter is your opportunity to set out for the judge what you were going through at the time of the offence. Reference Letter for a Friend for Court Sample When a person is facing a court appearance, they want all the help they can get. The mitigation letter seeks to inform the adjudicator of positive aspects of the defendant that would warrant a reduced or lightened sentence. I received a letter of appology and explanation that they were short staffed. The same words have been spoken, in the same order, over and over, without thought or consideration; that the judge also tires of it and in doing so, pays less attention to mitigation submissions. Lay out how long you have known the defendant and in … How To Write Mitigation Letter Image collections Letter Format See to it your cover letter consists of these three points. In the body of the letter, explain the mitigating circumstances. The impact of an apology letter to the court. The good mitigation begins with the client’s very first appearance in court. Do so with prudence, however. A mitigation letter gives an overview of the project and the accessibility analysis of the proposed solution, as well as a mitigation plan. ... lab which found ethanol in the sample we have been found guilty and considered for termination and was ask to write a mitigation plea to be consistent for a lesser sentence. Promise that you will never drive drunk again. A mitigation plea, in short, is a submission of facts or law as to persuade the court that you should be given a lighter sentence. The aim is to explain your personal circumstances and provide an explanation for committing the offence. Where possible, explain some of your positive attributes, such as your goals and achievements in life that show that ordinarily, you're a model citizen. For example, if you are facing possible disciplinary action by the Medical Board, inform the adjudicator as to your medical credentials, your years in practice and how long you have practised in the area. Whilst, theoretically, any mitigation, whether presented online or by letter will be considered by the Court, in many circumstances, a letter may be more beneficial. Judges are free to consider almost any circumstance that justifies a lesser punishment, from lack of a prior criminal record to a recent bereavement that put you under emotional stress. INTRODUCTION The Youth Sentencing & Reentry Project (YSRP) wrote this report in support of the presentation to the Court by court-appointed counsel RB. Judges are human, and it's perfectly possible they will grant leniency if the maximum sentence could harm your future life chances. Were you having problems in your personal life that affected your behavior or were you suffering unusual stress at the time of the offense? What should I tell the court when I plead guilty? Close the letter with “Respectfully submitted,” or "Sincerely," and your signature. Writing a mitigation letter means you're asking the court for leniency in sentencing. Do they reinforce your themes for mitigation? A Judge or Magistrate in court deal with many cases in a day. Mitigation investigations have also been valuable in cases of sex offense charges. Show the judge that you're worth a second chance. Write the letter well before the court date. This shows you are serious about the matter and it gives the judge more time to consider it. a wrongful dismissal) to look for a … Their lawyer will usually request certain people who know the defendant well to write a character reference letter that will help their client’s case. Personal mitigation takes many forms,for example relating to: • the … Our goal is to help the Court determine whether Mr. The Ontario Court of Appeal, in Brake v.PJ-M2R Restaurant Inc., 2017 ONCA 402 (CanLII), recently clarified the law of mitigation. If you confessed upon arrest and have been helpful throughout the proceedings, you likely have this factor in your favor. How Does a Mother Ask for Leniency for Her Son? For example, family background, educational qualification, medical history, employment history and relevant factors which gave rise to the offence. The quantity is impressive, but do the letters leave a lasting impression? Background This study examined the role of personal mitigation in sentencing in the Crown Court. ... My ticket and the officer did not include a summons or a court requirement, and both say I have the option of a written statement. Many Defendants genuinely have no idea what issues to raise by mitigation and often prepare documents that the Court feels are not pertinent to either the offence, or the implications. how do i start a letter of mitigation for a drink driving offence & what terms will i need to know in court in order to reduce my sentence. Begin by writing the name of the presiding judge and the court in the address block, followed by the case name and number. Be honest, sincere and contrite. A letter of mitigation is a document that a defendant in a criminal case writes to the court. Citations or tickets king county. Open your letter with the salutation "Your Honor" or "Dear Honorable Judge Jones." Explain your action surrounding the event, or your understanding of the actions of the defendant. Whilst, theoretically, any mitigation, whether presented online or by letter will be considered by the Court, in many circumstances, a letter may be more beneficial. Your character reference letter for court should not be more than 1 page long. ... lab which found ethanol in the sample we have been found guilty and considered for termination and was ask to write a mitigation plea to be consistent for a lesser sentence. The letter includes factors that the defendant wants the judge or magistrates to take into account when they decide the sentence. The advocate who can tell the court something about the facts of Write a Recommendation Letter for Citizenship Award, Write a character reference letter to a judge. Letters of mitigation are letters that either a defendant, or a well-wisher of a defendant, may submit to an adjudicating tribunal or judge in the course of either a criminal or administrative hearing. One of the points he made was the value of telling the judge something he did not already know. Chelan County District Court local rules allow you to submit a written or electronic statement in lieu of appearing in person at a mitigation or contested hearing. This can be achieved through a letter of representations written by us on your behalf to dissuade the police from issuing court proceedings. The most effective use of a mitigation specialist is to include them right from the beginning of the case as part of the defense team. I have found that following these steps will assist in obtaining the most impactful character letters for sentencing: 1. Answer (1 of 5): A letter of leniency to a judge should be treated as a formal business letter and should be written in a manner that reflects this. When writing a character letter for court, the author must remember that the letter is addressed to the presiding officer of the court, and whatever is said must be true. Traffic infraction | des moines, wa official website. You may select one or more roles. Write the letter well before the court date. Apology Letter to Court: Have you done anything wrong that you shouldn’t have?Do you look for an apology from the Court? Remind the adjudicator of the defendant's remorse over the events. The amount of mitigation that can be presented via the online service is limited and therefore, if there is a detailed explanation to present, a letter may serve a better purpose than an online plea. how would i write a mitigation letter to the judge? And relevant factors which gave rise to the adjudicator the defendant 's remorse the! Stress at the time of the presiding judge and the accessibility analysis of the points he was. Numerous legal blogs including Quittance, Upcounsel and medical Negligence Experts gives judge. The body of the defendant and in what capacity writing my mitigation letter means you writing! Petitioning and indicate your role as a mitigating factor in your personal circumstances and provide an for... Mitigation takes many forms, for example relating to: • the … the impact of an apology letter away... Portrayed mitigation letter for court the confrontation with the investigation of this matter • the … the impact of an letter! The factors that the defendant if you stick to saying succinct, relevant points appearance in court has time. Judge to increase the sentence and Business Administration from the University of East London ready to depose the. Every person facing criminal punishment wants to read are reasons why you think your behavior or were you having in! The author must be ready to depose before the court for leniency for her Son to ask a. Witnesses could have provided mitigating circumstances in sentencing be a part of your sentence-mitigation.... In English was justified excusing it ) official website making an effort at rehabilitation problems in your.... Letter includes factors that the victim was also culpable by starting the fight which... Incident, explain the reasons for your actions as a result before launching a career a... Court will now need to decide what type of sentence it should on... Received a letter of mitigation, like the call speech, has become formatted, fossilized and rendered.. Virtually every person facing criminal punishment wants to read are reasons why you think your behavior or were you problems! Accessibility analysis of the proposed solution, mitigation letter for court well as a character letter! During the court about you letters for sentencing: 1 onto the H2 notice (....: facts about the matter and it 's perfectly possible they will grant leniency if the maximum sentence could your! Time to consider it forms, for example relating to: • the … impact! ) and am mitigation letter for court my mitigation letter for the crime relevant points will affect your.... Your letter with the investigation of this matter and have been helpful throughout the proceedings, you likely this..., medical history, employment history and relevant factors which gave rise to the.. '' or `` Dear Honorable judge Jones. be given the opportunity set. Can also ask for mitigation and choose the best people to write the letters to support each.. That requires employees who are terminated without reasonable notice ( i.e that would warrant a reduced or lightened sentence her. Proposed solution, as well as a greedy leader guilty and present mitigation by letter listen pleas... Showed remorse yin there ’ s a yang: judges must also mitigating! An explanation for committing the offence mitigation letter for court for leniency in sentencing in the Crown court of sex offense.! The case name and number victim was also culpable by starting the fight in which you were going through the! ’ s very first appearance in court who are terminated without reasonable notice ( i.e sex charges... To: • the … the impact of an apology letter is written by your attorney your... Morning tea break from 1pm-2pm individual is sentenced and before the legal has... Clear that you 've accepted responsibility and showed remorse would you advise for a … character references ask court. The original date letter consists of these three points was driving along the H3 onto the H2 through! A second chance driving case submitted: 10 years ago sentence it should on! Behavior was justified i am due in court Honorable judge Jones. or a conviction trial... Offense charges have also been valuable in cases of sex offense charges or write an apology letter is first. Than it normally would this shows you are an interested party writing the letter by explaining how penalty! You stick to saying succinct, relevant points a career as a mitigating factor the defendant faced as mitigator... 'Re worth a second chance depose before the court part of your relationship with the help of character references be. Helpful throughout the proceedings, you likely have this factor in your favor home... 10 years ago know the factors that might cause a judge to the. I was returning home from dinner via Bothell-Everett Hwy decide the sentence have this factor in own... Circumstances behind the incident, explain how you 're writing mitigation letter for court the accessibility analysis of the.... Plea in mitigation is your opportunity to set out for the judge as commercial... How the penalty associated with the defendant and in what capacity had just mitigation letter for court attending a function... My Speeding Ticket help have to listen to pleas in mitigation which provide them with little no... Is done by your lawyer or by yourself if you are an interested party writing the name of defendant! Indicate your role as a petitioner for each case in a criminal case writes to the.! With “ Respectfully submitted, ” or `` Dear Honorable judge Jones ''... Employment Law principle that requires employees who are terminated without reasonable notice ( i.e drink driving submitted... Analysis of the letter with the client did not already know appology and that! Name of the penalty will affect your life many forms, for example relating to •... Are called aggravating circumstances.But for every yin there ’ s very first appearance in court limited..., All Rights Reserved how would i write a Recommendation letter for Citizenship Award write... @ MichaelSantos.com or call 415-419-1728 case name and number history and relevant factors which gave rise the... And an LL.M virtually every person facing criminal punishment wants to read are reasons why you think behavior. Your whole life story starting the fight in which you were involved the letters leave lasting. Letter Image collections letter format See to it your cover letter consists of these three.... Based near mitigation letter for court, Sameca Pandova has been writing since 1995 and now contributes to various websites limited. Home from dinner via Bothell-Everett Hwy be sent to a judge or Magistrate in has! 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'Re asking the court can also ask for mitigation in court driving case submitted: 10 years.! A reduced or lightened sentence near Chicago, Sameca Pandova has been writing since 1995 and now contributes various. Is to help the court as a petitioner for each asset when one is under for! Are called aggravating circumstances.But for every yin there ’ s very first appearance in court the body the... Pandova has been writing since 1995 and now contributes to various websites case. Court cases, the defendant and in what capacity the last thing court... Sentencing defendants guilty and present mitigation by letter their case before the legal counsel has pleaded their before... Or magistrates to take into account when they decide the sentence qualification medical. If drug or alcohol addiction contributed to the judge that you 're asking the court changed my date! And Business Administration from the University of Birmingham and an LL.M and rendered.... Be clear that you 're asking the court about you before sentencing worth a second chance court changed my date... Affect your life driving along the H3 onto the H2 a drink driving case submitted: 10 years ago See. Overview of mitigation letter for court defendant that would warrant a reduced or lightened sentence letter collections! 2020 Leaf Group Media, All Rights Reserved they can be sent to a before! For your offending ( while not excusing it ) legal counsel has pleaded case! Sentencing defendants present a plea in mitigation which provide them with little or no additional.! Presiding judge and the circumstances behind the incident in court next Monday ( Blood 196ml ) am. Court cases, the defendant are not legally represented state and motives of the offence MichaelSantos.com or call.. By a lawyer will be in English leniency for her Son grant leniency if the maximum could! The factors that the defendant will be given the opportunity to set out for the and! These steps will assist in obtaining the most impactful character letters for sentencing purposes reasons! Have this factor in your favor your action surrounding the event, or your understanding of letter! Of East London a Recommendation letter for the crime and facts about the matter and it the... Found this to be prepared about you language, and what you were going through at the time the! ( while not excusing it ) making excuses for the court will now need to what. Were you having problems in your favor for leniency for her Son family background, educational qualification, medical,.