Legal Question in Criminal Law in Pennsylvania

I wrote an apology letter to the victim of my crimes family about 3 months after i committed the crime. My lawyer gave the letter to the DA to give to the family. Over a year later at my sentencing hearing the family was extremely upset about never getting the letter of apology. I found out that day the DA held the letter and didn't give it to them until the day of sentencing almost a year and a half later. This ended with me getting the max for my crime. My question is was it legal for the DA to hold my letter like that to build a stronger sentence? Also should this be a topic of mention when I petition the judge for early release due to good behavior?

Thanks


Asked on 5/27/15, 2:37 pm

1 Answer from Attorneys
ANDREA G. TILLIS Law Offices of Andrea G. Tillis

Thank you for your question,

The DA"s actions of holding onto your letter, showing your remorse was unethical, but it was not illegal.

However, I question the competence of your own Attorney in not speaking up at the Sentencing hearing because that is the appropriate time for a Defendant to verbally express remorse to the victim's family. . Although the Judge is bound by the Sentencing Guidelines, if the Judge senses that the Defendant's remorse is sincere, he has discretion to sentence the Defendant on the low end of the Sentencing Guidelines for that particular crime.. If you can prove that your Attorney's failure to produce your letter at the Sentencing hearing caused you to receive a longer sentence, you might be able to sue him for malpractice. It will be difficult, however, if you were given the opportunity at the Sentencing hearing to make a statement and you failed to do so, that will work against you in any legal malpractice action you might consider bringing against your Attorney,

Best of Luck,

ANDREA G. TILLIS

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Answered on 5/28/15, 3:00 am


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