Legal Question in Criminal Law in Colorado

Letter to Deputy District Attorney

Is it okay for a family member of the defendant, to write a letter to the deputy district attorney, asking for a plea bargain? Should a copy of the letter be sent to the Judge, probation officer and public defender?


Asked on 9/12/07, 12:25 pm

2 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Letter to Deputy District Attorney

If the person is represented by counsel, any contact between the defendant and the prosecution is improper and unlawful. The DA is "encouraged" by statute, to make an offer to the defense counsel. To muddy the waters by inserting another party (the letter writer) will cause the DDA to not make an offer, or to offer a bad deal. To your question of "is it okay?" the answer is: "is it legal?", most likely, yes. "Is it smart?", most likely, no.

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Answered on 9/12/07, 4:41 pm
Philip Rosmarin Rosmarin Law Firm

Re: Letter to Deputy District Attorney

If your loved one is represented by counsel, go ahead and write your letter, but before sending it, show it to the lawyer and let him or her know what you independently want to do. The lawyer can then let you know by opinion if it's a good idea or a bad idea.

If there is no lawyer involved, show the letter to the defendant so you can be sure it doesn't run counter to what the defendant wants to do.

There is no law forbidding or requiring you to send the letter to the people you mention.

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Answered on 9/12/07, 8:06 pm


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