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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90181
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I WOULD LIKE A SAMPLE LETTER ASKING A PROSECUTOR FOR LENIENCY/DROP

Customer Question

I WOULD LIKE A SAMPLE LETTER ASKING A PROSECUTOR FOR LENIENCY/DROP CHARGES ON MY FRIEND WHO WAS ACCUSED OF ANIMAL CRUELTY. SHE IS HUGE ANIMAL LOVER WHO HAS OWNED PETS FOR MANY YEARS SINCE I HAVE KNOWN HER. LAST SUMMER, HER DOG WAS STOLEN AND SHE WALKED ON FOOT EVERY DAY POSTING FLYERS AND DOING DOOR-TO-DOOR SEARCHES FOR HER DOG. AFTER A 2,500 MILE FOOT SEARCH, SHE FOUND HIM. SHE IS TO TRUSTING OF AN INDIVIDUAL AND HAPPENS TO PLACE TO MUCH FAITH IN PEOPLE. THIS YEAR, SOMEONE SHE WAS LIVING WITH APPARENTLY HURT HER DOGS WHEN SHE WASN'T HOME AND SET HER UP. ANIMAL CONTROL CAME TO THE HOUSE AND CALLED THE DETECTIVE WH HAD HER ARRESTED. HER DOGS WEREN'T SEIZED, BUT APPARENTLY THE USE OF FORCE OF THE BADGE WAS. HER ROOMMATE WAS SUPPOSEDLY TOLD THAT IF SHE DIDN'T LET THEM TAKE MY FRIEND'S DOGS THAT SHE WOULD ALSO GO TO JAIL. MY FRIEND HAS NEVER BEEN CONVICTED IN COURT AND THEY VIOLATED DUE PROCESS FOR HER BY GIVING HER DOGS AWAY TO RESUES WHO ARE NOW REFUSING TO GIVE THEM BACK O HER!!! PLEASE HELP ME WRITE A LETTER TO THE PROSECUTOR FOR THEM TO DROP HER CHARGES AND GET HER DOGS RETURNED TO HER BEFORE IT IS TO LATE! THEY SHOULD HAVE NEVER GIVEN HER ANIMALS AWAY WITHOUT HER GOING TO TRIAL FIRST AND THE NEVER NOTIFIED HER EITHER! HERE IS A LINK TO A PETITION SOMEONE MADE FOR HER IN REGARDS XXXXX XXXXX CASE: http://www.thepetitionsite.com/5/demand-for-ashley-millers-dogs-to-be-returned-to-her-from-kac-and-the-rescues-involved/ SHE IS SUCH A KIND PERSON AND THIS SHOULDN'T HAVE EVER HAPPENED TO HER! THANKS IN ADVANCE FOR YOUR HELP!
Submitted: 3 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 3 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

I certainly understand your concern. However, since you are neither an attorney or a party to this, the prosecutor is not going to likely read or consider this letter. Moreover, any information contained, may be used against your friend. If anything, a letter or testimony, would be used if she is sentence and the court holds a hearing to determine what sentence should be imposed. It is better if you contact her attorney and ask him/her what, if anything you can do. The attorney may allow you to be listed as a character witness to this, who could testify on her behalf. At this point though, you should not be contacting the prosecutor, since you have nothing to do with the case and should go through her attorney, before doing anything.

Customer: replied 3 years ago.

Relist: Inaccurate answer. I need a sample letter as that is what I asked for!

 

I am trying to help write on behalf of someone else to the prosecutor I can send it to the attorney for her to give to her prosecutor, but I need a sample letter... many of us are going to write on her behalf. Thank you!

Expert:  CrimDefense replied 3 years ago.
We are not able to provide you with any legal documents. However, this is literally, just a letter, like you would write to anyone. You can to keep it short as the prosecutor will not likely read through 2 or 3 pages and stick to the facts that show the good character of your friend. You do not want to discuss the facts of the case or anything that could be used against her. You just want to try and show that the good person she is. You need to really speak with her attorney first and see if he/she even wants this done, at this point. I'm sure her attorney has spoken with the prosecutor and is trying to get the case dismissed, if possible.
Customer: replied 3 years ago.
Well the problem we are having w/helping her is the fact that her civil rights were violated... that is what we are trying to put into a letter... her dogs were sent off to rescue groups before she has ever even been convicted of anything. This is violating "due process" of the constitution. And someone can do a sample letter because I just read one from one of your lawyers on here. Please just help me do a sample letter so we can distribute this... refer to the link of her petition for details on what happened w/her dogs. There are 2 cases here. Civil (dogs) and criminal charges. From what she has told us her lawyer is a crim def atty so that means that her civil isn't being dealt with. This girl was doing rescue work. And was accused of animal abuse. And INSTEAD of them holding the animals until she went to court, they killed some of them and sent the others to rescue groups. She didn't even know they were in the pound for several days because they never notified her. And when her friends and family tried to pull them, they wouldn't let them. They tried to get my friend to pay $2400 to get her pets back and wouldn't give her a payment plan (which is wrong in itself because they weren't seized or surrendered by the owner) in most cases they hold animals as evidence but apparently in this case they just sent them to rescues and that isn't right. We are trying to help show the prosecution that there is a biased opinion from the city towards our friend because of her doing rescue work (they would rather have animals put to sleep in a pound here) because they arrested her, threatened others so they could take the dogs, then tried to use money as their excuse to get rid of them. THIS VIOLATES THE CONSTITUTION! I just want assistance in helping to show this side of things.. a generalized letter that I can use for others to use as a guide. I'm not asking for legal rep I'm asking for a sample letter. The lawyer that I saw who wrote one for someone else was wearing sunglasses in his pic. I would like to submit my question to him if you cannot help me.
Expert:  Law Educator, Esq. replied 3 years ago.
I am sorry, your previous expert was correct, we cannot write such a letter for you, it would be considered representation which is against the rules and terms of service for this site. I thank you for understanding that.

Next, as far as her deprivation of her property rights and the taking of her property without due process, this is something that needed to be raised in her trial on these charges and it is something that you need to get her a local attorney to argue in the local court. If she is vindicated in the criminal case, then she could sue for the deprivation of her property without due process, but if she is convicted in criminal court that is her due process. This is an issue that needs to be ordered in the court and if they will not return her property after she is vindicated, then she can sue in civil court for the taking of her property without due process and demand the return or the value of the property. Animals are considered property, so that is what I am referring to.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90181
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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