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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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How To write a plea letter to the judge to lower a life in

Customer Question

How To write a plea letter to the judge to lower a life in prison sentenced?
My ex-husband is charge with 2 count of aggravated rape and receive life in prison. The victim of this case is my own daughter. He was child step-father. I also have 6 year old son with the Defense.
He also accuse me of this say that it never happen. Say that I teach my daughter , that my daughter lie. But because we have a son together I doesn't want to see him get life in prison. Me and my 2 kids find it in our heart to forgive him and understand everyone make mistake. How can I write a letter for his plea as a victim and as a ex-wife I need a sample letter please.
His defense lawyer is plan to file a motion to reduce His sentence from mandatory life this month.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Joseph replied 1 year ago.
Please tell me more about the offense. For example, when did it occur? How many times? How old was your daughter? Include as much detail as you are comfortable with. Thank you.
Customer: replied 1 year ago.
A St. #### XXXXX jury has convicted a Meraux man Wednesday on two counts of aggravated rape. , #####faces an automatic life sentence when he returns to court on Nov. 28.##was accused of raping two girls, ages 8 and 9, between Nov. 28, 2009 and Jan. 15, 2010 at a home in Slidell, according to information from the #####Police Department. The victims came forward in February 2011 and ##was arrested in April 2011, according to the police department.###trial began Monday in Judge ###### XXXXX and testimony ended Wednesday. ##testified in his defense, telling the jury, "I never do it." He said he was "shocked" when he was arrested.The jury convicted ## XXXXX after six hours of deliberation, St. Parish District Attorney's Office spokesman ####said. He was taken into custody following his conviction, and is being held in the St. T
Expert:  Joseph replied 1 year ago.
Who was the other girl? How many times was it alleged that he had sex with the two girls? Thank you.
Customer: replied 1 year ago.
I don't know how many time because the defense accuse me in this case I didn't get information but was told my both daughter that it more than 2. The other girl is the sister. Both victim are sister
Customer: replied 1 year ago.
The girl now 12.
Expert:  Joseph replied 1 year ago.
Ok, now please tell me more about your husband. How old is he? Does he have any criminal history? What does he do for a living? Does he have other family in the area? Thank you.
Customer: replied 1 year ago.
He is 49 now.Have no criminal history. he have minor stoke and working at his sister seafood place as a cashier before the convicted . Yes he have a lot of family member who live in the area. Also have 3 kids with his ex-gf. He was a caring husband and loving step father at one point in time. Even thought he does hit my kids sometime
Expert:  Joseph replied 1 year ago.

I understand that you only requested a "sample letter", not an actual letter to be read to the judge. However, to be clear, please understand that the attorneys on this site cannot actually write specific documents for the customers of the site, such an action could be seen as actual representation and would be contrary to the policies of the site. Additionally, this particular request would be much too dry if written by an attorney on an internet site, it would be much more impactful if written by you personally. However, as a sample....

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You might consider beginning with a paragraph introducing yourself. Perhaps something along the lines of stating your name and the fact that you are married to the defendant and how long you have known this man.

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You might then transition into a paragraph introducing the defendant. Perhaps something along the lines of, "He is an amazing husband. He has also been very attentive of my needs and does whatever he can to let me know that he loves me very much. His family lives nearby as well. We would often go to his parents home for a family dinner. When we did, I always enjoyed being involved in the interaction with his family."

.

You might also talk a little about his work history. Perhaps something along the lines of, "In fact, his job is also with his family. For the past several years, he has worked for his sister in her seafood place. He recently began working as a cashier there and he would often come home and speak fondly XXXXX XXXXX day and the interaction with customers."

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You also need to address the charge. Importantly, while you may disagree with the jury verdict, it is important that you acknowledge that they convicted him. You might consider something along the lines of, "My husband has been convicted of a terrible crime. This conviction is not reflective of the man I have come to know and love. I cannot even begin to explain how this could have possibly happened, I can only state that this is not who my husband is. My husband is a kind and compassionate person, I can tell the court that this was just a small period of time in my husband's life. He is 49 years old and has no criminal history whatsoever. While I do not expect the court to let my husband go free, I would hope that you would take the totality of his life into consideration before handing down a sentence."

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In short, introduce yourself, introduce your husband and then do what you can to focus on the many positives in his life. Also, you should show the statement to the attorney in advance. Once you have a draft written, he may be able to provide some fine-tuning. I wish you both the best of luck.

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Customer: replied 1 year ago.
At what part in the letter should I express my feeling about him accusing me in this case? How would I tell the judge my daughter feeling as my 2 kids is a victim of this
Expert:  Joseph replied 1 year ago.

I'm not entirely certain what you mean by him "accusing (you) in this case". I suspect you mean that he someone placed the blame on you. Assuming this to be accurate, it might be prudent to avoid mentioning this. With a jury verdict in place, it is usually imprudent for the defendant, or his supporters, to mention anything that seems to shift the focus or the blame. Mentioning that he blamed you would likely have a negative effect on the judge.

.

As to the girls, they would clearly be considered victims in this, victims of your husband. Additionally, they are well below the age of consent. Meaning, if they were about seventeen years old, just one year below the age of consent, one might argue that there age should be taken into consideration and that they consented to, or even initiated, the sex acts. Here though, with them being only eight and nine years of age, it would be foolish to speak of them in anyway other than as victims. Having said that, if they have anything positive to say, such statements could be helpful to your husband in sentencing.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 10 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you
Expert:  Joseph replied 1 year ago.
You are very welcome. Best of luck to you and your family.
Customer: replied 1 year ago.
Do I refer him as my ex-husband or husband in my letter . Because now I'm remarry.
Expert:  Joseph replied 1 year ago.
Refer to him as whichever is correct. In other words, if he is not your husband, then refer to him as your former husband.

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