Legal Question in Criminal Law in California

A letter to a Judge, is it legal to read a Judge a letter to explain ....

To explain things that were not said in a trial? Trile is over and jury came back guilty on all counts,EXEPT, the special verdict this verdict was a hung verdict, could not and would not have an snswer, jurry dissmised vow of silence lifted and Judge baffled, and has not delt with this before, My ex wife asked me who the real ''victoms'' here are? The kids, all 3 of them that would be left with out a Dad for any where from 6 months th a possable 10 years, so I said for her to write down her thoughts in a letter and to maybe ''cach'' the Judge in the elavator or something like that and ask him verry politly if she could read hin something that would mean so much to the the lives of 3 kids, keep in mide here that they still haven't desided on a miss trile because of a contradictry verdict or some other conclution, Judge said we will get it gigured out at sentanceing, and that the etturnys should do some reasearch and he (the Judge) would do the same.

Needless to say a very tence situation here, Can she legaly see if the Judge would be willing to listen to her, and if he will, will this help, its a very moving letter.

I have a very short time (days) to make this happen if It's something that CAN, leagly happen


Asked on 9/19/08, 3:13 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: A letter to a Judge, is it legal to read a Judge a letter to explain ....

The judge will usually read letters for purposes of sentencing. Use large type, be brief, and do not ramble. Have someone who knows how to spell proofread the letter for you. Do not approach the judge in a public place, or at all.

Read more
Answered on 9/19/08, 3:20 pm
Brian McGinity McGinity Law Office

Re: A letter to a Judge, is it legal to read a Judge a letter to explain ....

A Judge may consider information contained in letters or notes for the purposes of sentencing. Do not under any circumstances try to approach the Judge in public or anywhere else. There is an acceptable manner in which to present your letter to the Judge. Different Judges will handle it differently. Contact the defendant's attorney or the District Attorney and ask them what and how to submit your letter. You could also contact the Judge's clerk, but do not attempt to speak with the Judge. Your letter needs to be simple and to the point. Have someone read it over who writes well and make corrections before you submit it. Good luck.

Read more
Answered on 9/19/08, 5:34 pm
Terry A. Nelson Nelson & Lawless

Re: A letter to a Judge, is it legal to read a Judge a letter to explain ....

Your trial is where any evidence and testimony had to be introduced. The judge will not, and should not, accept or read anything from you until your sentencing hearing. You can have your ex-wife can tell her story at that hearing, or submit her declaration. Your attorney should be preparing you for that hearing, and educating you about proper behavior and expectations for your sentencing. If there is a mistrial declared, then you get to do the trial all over again, and can present whatever admissible evidence you want.

Read more
Answered on 9/19/08, 6:41 pm


Related Questions & Answers

More Criminal Law questions and answers in California