How To Write Or Solicit A Good Letter Supporting A Defendant At Sentencing April 29, by Ken White This week various political figures took some abuse for writing letters seeking leniency in the sentencing of former House Speaker Dennis Hastert, who got a month sentence for monetary transactions designed to conceal that he was paying off victims of sexual abuse.
This ban helps judges decide cases fairly since their decisions are based only on the evidence and arguments presented to the court and the applicable law. It also preserves public trust in the legal and court system. In a civil case, the party who initiates the lawsuit is called the plaintiff or, sometimes, the petitioner or complainant.
The party against whom the lawsuit is brought is called the defendant or, sometimes, the respondent. Why are judges not allowed to consider ex parte communications? Would you like it if the judge spoke to the other parties about your case without your knowledge? The rule banning ex parte communications ensures that the court process is fair and that all parties have the same information as the judge who will be deciding the case.
When all parties have the same information, a party who disagrees with the information can contest it in court. What if I want to tell the judge something about my case? If you want to tell the judge about your case or ask the judge to take a certain action in your case, you should file a written motion with the clerk of the court in which your case was filed explaining what relief you are seeking and why you are entitled to that relief.
Usually, the judge will schedule a hearing on your motion. During the hearing, you will have the opportunity to explain your position to the judge in court. Judges must make their decisions based only on the relevant facts or issues of the case and the applicable laws.
Therefore, please be sure that the facts or issues that you plan to tell the judge about are relevant to your case. This helps ensure that your case will proceed more quickly. I sent a copy of my motion, letter, or document to the other parties.
You must file your motion, letter or document with the court. Remember to attach the document as proof that a copy of the motion, letter or document was given to the other parties. This document also must be filed with the court.
The clerk of the court will indicate on your motion, letter, or document, the time and date it was received and file it with the other case records. After your motion, letter, or document has been filed, the judge will consider it as well as any responses from the other parties and other information provided to the judge during a court hearing before making a decision.
What happens if I send a letter or other document directly to the judge without providing a copy of it to the other parties to my case?
You may also cause your case to be delayed or even dismissed. Can I ask the judge to keep information I share in a letter or document confidential? Sometimes people will send a letter or document to the judge and ask the judge not to tell the other party.
Although you may have information that you want the judge to know about and keep in confidence, the judge is still required to disclose any ex parte communications to all parties. Can I ever communicate directly with the court? Certain ex parte communications to a judge or court personnel are allowed by law.
The instructions on how to do so are on the ticket, and a pre-addressed envelope to mail your written statement is provided with the ticket. Also, judges may hear ex parte emergency requests for a temporary restraining order when the other parties cannot be told in time.
In certain situations, judges may also consider confidential letters from a settlement conference ex parte.How to Write a Character Letter of Support to a Judge.
Prior to your sentencing, you may have friends and relatives write character letters of support to the judge which the judge will consider in imposing sentencing. Dec 11, · Please be brutally honest and PLEASE criticize so I can change it to make it perfect.
The story: I am living in G.A. USA, I pled first offenders act to poss. of Oxycodone (felony) after talking to my probation officer she told me to motion to terminate early after 50% completion of my 5 year probation sentence.
I have completed 2 years Status: Resolved. Aug 23, · Unless you're an attorney, you can't just write to a judge in an attempt to defend someone. Even attorneys can't write a letter, they would have Status: Resolved. Writing the Introduction.
Type the salutation for the letter, such as "Dear Judge Jones," followed by a colon after the judge's last name. Type one or two sentences, telling the judge why you are writing, explaining that you are asking for leniency.
How to Write a Character Letter of Support to a Judge. Prior to your sentencing, you may have friends and relatives write character letters of support to the judge .
Jul 28, · Write the judge's name and the court's address along the left margin, beneath your own.
As part of an application for Social Security disability benefits, it's a good strategy for the disability applicant to include a letter from a caregiver or past employer. How To Write (Or Solicit) A Good Letter Supporting A Defendant At Sentencing. work out issues, or express yourself artistically. It is an opportunity to help the judge see the defendant as a human being. If you cannot stop yourself from making your letter about you instead of about the defendant, or if you find yourself focusing on how the. Home» Self-Help» Exparte» Why Can’t I Talk or Write to the Judge? Sometimes people will send a letter or document to the judge and ask the judge not to tell the other party. Certain ex parte communications to a judge or court personnel are allowed by law. For example, if you are contesting a citation (commonly called a “ticket.
Use the title "Honorable" before the judge's name -- for instance, "Honorable John Smith." Step 3: Include a.