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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.