![]() Likewise, sentencing is almost solely the province of the judge, who of course is a member of the judicial branch of government. ![]() Charging decisions are therefore almost solely the province of the prosecuting attorney in charge of your case. Enforcing the law is the duty of the executive branch of government, and like police officers, prosecutors act in the capacity of law enforcement. The reason for this demarcation is the separation of powers. Sentence negotiations are between your lawyer and the judge whereas plea negotiations are between your lawyer and the prosecutor. Character Letters for Use During Sentence Negotiations To put this in more legal terms, character letters can help a prosecutor understand how the interests of justice will be better served through a reduction in charges. Such letters can also help the prosecutor understand how a criminal conviction will disproportionately impact you. Regardless of how and when such character letters are provided to the prosecuting attorney, there is no doubt that good character letters can assist the prosecuting attorney in better understanding you as a person and why it would be appropriate for them to consider a reduction in the criminal charges you now face. In these scenarios, copies of your character letters can be provided directly to the prosecuting attorney, in person or by email. In this scenario, your attorney may include your character letters as “exhibits.”Īnother option would be for the plea negotiations to take place in person, by phone, or in court during a pretrial. Good character letters can help your lawyer make a strong case for a reduction. One option would be for your lawyer to write a letter to the prosecuting attorney stating the many reasons why a reduction in charges would be appropriate. There are many ways such negotiations may transpire. Character Letters for Use During Plea NegotiationsĪt some point while your case is pending (for example your Michigan OWI case) your lawyer may wish to engage in plea negotiations with the prosecuting attorney. Use of such forms is strictly discouraged. This is because utilization of a form will cause all character letters to look substantially the same, and this defeats the whole purpose and is counter-productive. While there are many suggestions here, what’s missing is a sample character letter or a form character letter. You can share a link to this article with those you ask to write such letters. This article explains how to format and write such a letter. Your Michigan defense lawyer may ask you to obtain a character letter for court purposes.
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