Legal Question in Criminal Law in California

letter to judge

what kind of things do you include for a letter to a judge asking them to drop your charge?


Asked on 4/10/07, 12:54 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: letter to judge

Nothing, because you don't write letters to judges. They are not allowed to have any dealings with a party unless all counsel and parties are present. He won't read the letter.

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Answered on 4/10/07, 2:01 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: letter to judge

Don't write to the judge. He or she won't read it, and you should not be communicating to the court, police or DA except through an attorney. If you have already been convicted and are going to be sentenced, then would be the time for letters.

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Answered on 4/10/07, 1:06 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: letter to judge

You don't.

The judge won't read your letter and, even if he did, he has no authority to drop the charges against you. Only the prosecutor can do that. (And it would be *very* foolish of you to write to the prosecutor, since you're likely to say things he will be able to use against you later.) The only way a party can ask the court to do anything is by motion, and a motion must meet many legal requirements.

If you want to present a set of facts which is different from the one the prosecutor has alleged, you will have an opportunity. That is what trials are for, and a trial is the only way your version of the facts can be tested against the prosecutor's.

If you think the prosecutor's case is legally defective, you can ask the court to throw out the charges on that basis/ The way to do so, however, is by a formal motion and not by writing a letter to the judge.

You should have a lawyer working for you instead of trying to do any of this yourself. If you can't afford to pay for a lawyer the public defender (or an alternate office) will represent you. Criminal defendants who try to represent themselves will generally do a very poor job, simply because they don't know what they're doing.

Don't take this the wrong way, but your question shows that you don't have any idea how to mount a defense. Get a lawyer and your odds will improve dramatically.

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Answered on 4/10/07, 1:14 am


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