Is it smart to write a letter to the prosecutor?

My significant other is facing some harsh charges. Conspiracy to commit a crime, ADW w GBI. It sounds bad but it boils down to a fistfight where the kid got his nose broken. In this situation he was coming to the aid of his female sibling who was being harassed. Not an excuse, but it wasn’t a preconceived malicious random act of violence. Would it be wise to write to the DA in his defense to possibly lessen the charges and attest to his character? These charges carry 2-8yrs and since it would be a second strike..doubles time.

Asked on October 23, 2011 under Criminal Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, the second strike is what is going to hurt him and if the second strike has to do with assault, there is not a whole lot the letter will do. You do not want to place anything in writing since the defendant does not have to prove or disprove his case. The burden in criminal court is on the prosecutor. Better that you talk to his defense counsel and stand up as a witness, then put anything (and I mean anything) in writing. Talk to private criminal counsel for representation if you feel he is not going to get a fair shake with public defense counsel.

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