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Ask Legal-Kal Your Own Question
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 544
Experience:  Attorney at Law Offices of Khaled Issa
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I need a sample letter sons fathers sentencing on

Customer Question

Hi- I need a sample letter for my sons fathers sentencing on Wednesday. He is being sentenced for distribution of meth. I just want to say that he has been a good father and to give him the minimum so my son can see his father again.
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?
Customer: Yes
JA: What advice did they give you?
Customer: He had to plead guilty because he had a failure to appear
JA: Is there anything else the Criminal Lawyer should be aware of?
Customer: We told him if he would go to prison he would get deported
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 5 months ago.
Good afternoon: My name is ***** ***** I would be happy to provide general information regarding your question. I understand you may be going through a tough time and I would be happy to try to assist. Now, unfortunately, experts here are not allowed to actually draft letters/documents. However, I can provide you information that Courts generally look for regarding these types of letters. You can then use that information in assisting of drafting your own letter. Would you like to proceed with this?
Customer: replied 5 months ago.
No it's okay. Let me ask you this. Probation suggested that he get sentenced to 5 years in prison for distribution of meth with intent to distribute f3 it was his for drug offense besides one he had when he was a juvenile. Does that sound fair his attorney said he was more then likely to get that? They didn't want to lower the charges because he failed to appear.
Expert:  Legal-Kal replied 5 months ago.
To be quite frank, it would be impossible for me to know what is "fair" and what is not in a circumstance like this.This is because there are so many pieces of information that I am not privy to, for instance: 1) the jurisdiction in which this is occurring, 2) how much narcotics was attempted in being distributed; 3) besides the drug offense(s), does this person have any additional criminal background; 4) the type of judge hearing the case; 5) the strength of the evidence against this person; 6) any mitigating factors in the crime or the history of the individual. As you can see, it would be impossible for me to accurately opine as to what constitute fair and reasonable without all this information (which is possessed only by the individual, his attorney and the prosecutors). It would almost be like saying "I have a 2012 Toyota with "minor" issues, how much do you want to buy it for?" That is the difficulty in answering such a question without the necessary information.
Customer: replied 5 months ago.
Is it too late to change attorneys at this point since he is already set for sentencing on Wednesday?
Expert:  Legal-Kal replied 5 months ago.
Most likely, it is too late. Ultimately, it will be up to the judge to grant someone permission to change attorneys. Usually, the deeper in the case the request comes up, the less likely it is to get permission from the Court for time to get a new attorney. Sentencing is the last phase of any criminal trial. This means the case is practically over. While the individual can definitely ask for a continuance to hire a new attorney, the fact that the request is coming so late in the case makes it very unlikely that the Court will grant permission for a continuance so he can hire a new attorney. Again, he may definitely ask for one as the worst case scenario is the judge says "no."
Customer: replied 5 months ago.
Would it be okay to put that he has a substance abuse on the letter to the judge?
Expert:  Legal-Kal replied 5 months ago.
Absolutely. The purpose of a letter like this is to make sure the judge sees the person as a person and not just a case number. That means a letter should serve to inform the judge of: 1) the history of the person; 2) what led the person to the situation they are in now (i.e., substance abuse issues, mental health issues, lack of family, etc.) 3) what impact on the person incarceration would have, 4) what impact on the family incarceration of the person would have; 5) what impact on the community the incarceration of the person would have (for instance, if the person provided community service, etc, the community would miss out on that if he/she were to be sentenced to jail; 6) what support, if any, the letter writer would be able to provide if the person was not sentenced to jail (for instance, if you could provide support in taking him to NA meetings or other substance abuse programs), etc.
Expert:  Legal-Kal replied 5 months ago.
Any questions based on this? If so, please ask. If not, please remember that expert here are not employees of JustAnswer and do not get credited for assisting individuals until they click ACCEPT and rate the assistance provided. Your cooperation in this regard would be greatly appreciated! ***General information provided here is for educational and informational purposes only and does not constitute legal advice, should not be relied upon as advice nor does it create an attorney-client relationship. It is wise to consult with an attorney licensed in your jurisdiction regarding your specific facts as they would be in the best position to assist***
Expert:  Legal-Kal replied 5 months ago.
As a reminder, please remember to click ACCEPT and rate the assistance provided. Thank you.

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