What is your opinion of my friends/family and those from a professional relationship, writing to judge/prosecutor on my behalf?

I have a case set for trial. I have heard that most often a deal is struck and the trial avoided. I know that trials are costly and the district attorney does not want to pursue a trial where there is a strong possibility they will lose. A number of legal comments re my case (I was raped by 16 and 17 year old and then charged with having sex with a child) are to the effect that the judge would laugh in his chambers about this and a jury may be disgusted that time and money are spent on it. With this in mind, is it plausible to have others rally on my behalf to the judge and DA?

Oxford, WI -

Attorney Answers (3)

Karyn T. Missimer

Karyn T. Missimer

Criminal Defense Attorney - Janesville, WI
Answered

First, you should generally be cautious of answers from out of state attorneys.

Second, you have posted before; and you have an attorney. So, you really should be addressing these issues with him or her. S/he is in the best position to answer as s/he knows all the facts related to your case.

The support of family and friends is critical to sentencing. Not so critical in convincing judges or prosecutors to help you. With the prosecutor, your actions are more important (i.e., upfront treatment or community service). With the judge, your family and friends should not contact the judge period, not until and unless you are seeking character references for sentencing. And even then, writings by friends and family should be carefully screened before they are submitted. Sometimes, well-meaning friends and family say the wrong things......

Good luck, and Happy Holidays!

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Anthony John Colleluori

Anthony John Colleluori

Criminal Defense Attorney
Answered

When people accused of crimes can show community support, that usually works to their benefit. The support must of course be of the right kind and the right tone.

Writing directly to a judge without having the letters screened by your attorney is a big mistake. In fact some courts will discount anything not originally shared with counsel for both sides.

If you are seeking to quash a prosecution, the letters would probably best be sent to the prosecutor however again the letters should be vetted with your attorney first.

The lesson here is gathering support is a great idea, but you have to be sure to do so within the bounds of your defense theory.

Good luck

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more
Michael R. Cohen

Michael R. Cohen

Criminal Defense Attorney - Eau Claire, WI
Answered

It never hurts to have friendly and caring support. The help wont hurt if it is done right as stated by an another answer. Use your lawyer and get help.

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