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AttyHeather
AttyHeather, Lawyer
Category: Criminal Law
Satisfied Customers: 573
Experience:  Attorney with 15 years experience
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I have a letter drafted asking from a judge boyfriend of 2

Customer Question

i have a letter drafted asking for leniency from a judge for sentencing for my boyfriend of 2 years and would like to know if anything needs to be changed or added
Submitted: 6 months ago.
Category: Criminal Law
Customer: replied 6 months ago.
I am writing on behalf of _______ asking for leniency in his sentencing.
My name is JaTilya ****, XXXXXXXXX and live-in girlfriend to _________ for the past 2 years. He and I are aware and discussed the gravity of the crime he has pled guilty to. However I would like to express that _______ is more than the sum of his actions on the day he committed the crime as well as his prior offenses.
For the time I have known _____ he has been a hardworking, generous, loving, non-violent man. Hearing of his prior offenses surprises me because this is not the man I know at all. From the time we made the decision to live together he has been a very positive role model is my two children’s lives. Seeing that their father is absent in their lives, ________ has become their father figure and being without him in the home would affect them dearly. Due to my profession I work long hours at a time and am unable to handle or care for them at times. Without ______ stepping in like he did, I don’t know where we would be.
Hearing of his prior offenses and further discussing with ________ I believe that during those years of his life he was face with obstacles that placed him in bad situations making bad decisions. From this past two years of knowing him I will vouch and say __________ has changed for the better. I know that he has witness and dealt with things in his life, including friends and family being killed that has caused him to feel unsafe and feel the need to be able to protect himself. But after this conviction and discussing with him, he now understands what he did wrong
Expert:  AttyHeather replied 6 months ago.

Hi, I'm Heather, an attorney with 15 years experience, and I'd like to assist for informational purposes.

I think that you should bring out the point that your boyfriend has assumed the father role to your two children, and that in doing so, he has stepped into the position of providing for your children as a parent provides for a child emotionally, mentally, and financially, and that a long prison term, will have a negative impact on your two children, who love him and rely on him as a father, and who deserve to have their emotional, mental, and financial needs met to the highest standard possible.

In addition, I think that rather than you stating that you think your boyfriend has learned from his crimes, maybe you should point out what steps he has taken to rehabilitate himself after committing the crimes - any classes, counseling, or something similar.

You could also touch on extenuating circumstances, which you understand do not excuse him of committing the crime, but reduce the crime's gravity from the point of view of punishment or moral standards. You talk of "obstacles" but you don't go into detail on any of it. Since you don't give any detail, you have prevented the judge from feeling any sympathy for what your boyfriend has gone through. For example, if your boyfriend was abused as a child, or if he both his parents were murdered, or some other traumatic event left him negatively affected, you might offer that as a reason the judge might give a bit lighter sentence. But in order to have the judge consider it, tell the judge what happened. If you don't give the judge the details, there's a chance no one else will either.

Also, your wording of - when you say "the crime as well as his prior offenses." - - you mention the prior offenses alot and each time you do that, it makes it seem like he is a re-occurring offender. That is not something you want to keep reminding the judge of, so I don't think you should continually mention "prior offenses." Instead just say his crime, or his crimes.

Finally, I think that if you are engaged, you might call yourself his fiance, rather than girlfriend. It makes your relationship appear more stable and serious. Especially when you write about the fact that he is the father-figure to your children.

Let me know if this has answered your question.

Customer: replied 6 months ago.
It hard to state what steps he has taken because it really isnt any to take. He hasnt gotten into trouble (meaning no convictions since several years ago) in awhile. This is for a gun charge (weapons under disability) which is why i stated that his past is really impacted this conviction. Because if there was no past there would be no "disability" (felony). i agree with calling my self a fiance. There is really no actions he can take except he has been staying in the house more with us and hasnt touched o had a gun in his possession since. During prior convictions he did loose everyone not to murder but grandma died, then following mom then dad. he literally lost everyone and even now Im all he has.I can definitely see how me being in his life has changed hi and calmed him I should say alot.
The reason for the gun was because during the time he was caught with the gun (which it was in a bag in the trunk of the car-not on his waist or anything) several of his friends has gotten killed by street violence and he began to feel unsafe. I didnt know in saying that if it was a bad thing or beneficial. He found the gun and never had used it yet. also he doesnt have any prior records of violence and never have been violent towards me or my kids. he decided to keep the gun in the trunk because he didnt want it in the house with the children,i have an idea on what to say, what I need help with is vocabulary and how to word it. What to start out with and what comes after what and what is wrong to say and what is beneficial. he has a chance to get probation and thats what we are hoping for. he does alot for me for the kids because i have no one else to care for them while im at work. So this would jeopardize so much in our lives if he is sentenced to prison....also each time i write to you does it cost?
Expert:  AttyHeather replied 6 months ago.

No, I can help with your follow up questions, and it won't cost more, so we can go back and forth in the chat as needed within reason. Why don't you revise and re-type it, and check in with me tomorrow and paste your revised letter. We'll go from there.

Does that work for you?

Customer: replied 6 months ago.
well i cant revise because there was questions i just asked and i dont know how to approach them yet.
Customer: replied 6 months ago.
I am writing on behalf of ___________ asking for leniency in his sentencing.
My name is JaTilya *****,XXXXXXXX and fiancé to ________. He and I are aware and discussed the gravity of the crime he has pled guilty to. However I would like to express that ________ is more than the sum of his actions on the day he committed the crime as well as his prior offenses.
For the time I have known _____ he has been a hardworking, generous, loving, non-violent man. Hearing of his crimes surprises me because this is not the man I know at all. From the time we made the decision to live together he has been a very positive role model to my two kids. ____ has become their father figure, providing for them as a parent would, emotionally, financially and mentally. A long prison term would negatively affect them because they now rely on him as their father and deserve to have their emotional ,mental and financial needs met to the highest standard possible. Due to my profession I work long hours at a time and am unable to handle or care for them at times. Without Dominic stepping in like he did, I don’t know where we would be.
I am very familiar with _____ and the obstacles he faced during the time of his convictions. Losing both grandmothers, followed by his mother’s death and then his father’s, affected him tremendously. It placed him in bad situations which cause him to make bad decisions. From the past two years of knowing him I will vouch and say _____ has changed for the better, with maintaining a full-time job, becoming a family man and overall making better decisions to stay out of trouble. I know that prior to the day of the crime committed ____ was dealing with several friends and family members being killed. These events caused him to feel unsafe and feel the need to protect himself so that each day he will come home to his family. I can assure you that after speaking with ________ regarding this he is aware of what he has done wrong
Your honor, I am seeking the mercy of the court when you decide ________ punishment.
***i cant get how to end it
Customer: replied 6 months ago.
im also hoping that my job as a police dispatcher would have an impact as well
Expert:  AttyHeather replied 6 months ago.

Was there another question you had for me? I didn't see another question you had for me in your comments. Just let me know what I can do, as I'm here to assist.

Customer: replied 6 months ago.
Dear Honorable Judge_________________
I am writing on behalf of ________ _________ asking for leniency in his sentencing.
My name is JaTilya ****, XXXXXX XXXXXX XXXXXX and fiancé to ___. I have known _____ for the past two years and have been living together for the past year. He and I are aware and discussed the gravity of the crime he has pled guilty to. However I would like to express that ____ is more than the sum of his actions on the day he committed the crime.
For the time I have known _____ he has been a hardworking, generous, loving, non-violent man. Hearing of his crimes surprises me because this is not the man I know at all. From the time we made the decision to live together he has been a very positive role model to my two kids. ____ has become their father figure, providing for them as a parent would, emotionally, financially and mentally. A long prison term would negatively affect them because they now rely on him as their father and deserve to have their emotional, mental and financial needs met to the highest standard possible. Due to my profession I work long hours at a time and am unable to handle or care for them at times. Without ___ stepping in like he did, I don’t know where we would be.
I am very familiar with ______ and the obstacles he faced during the time of his convictions. Losing both grandmothers, followed by his mother’s death and then his father’s, affected him tremendously. It placed him in bad situations which cause him to make bad decisions. From the past two years of knowing him I will vouch and say ___ has changed for the better, with maintaining a full-time job, becoming a family man and overall making better decisions to stay out of trouble. To get into more details, ____ works dayshift at his full-time job and when he is not at work he is at home with his family due to my evening schedule. I know that prior to the day of the crime committed ___ was dealing with several close friends and family members being killed. These events caused him to feel unsafe and feel the need to protect himself so that each day he will come home to his family. I can assure you that after speaking with ___ regarding this that his intentions with having the firearm was not to commit a violent crime or harm anyone but only to protect himself from the violence that was so unexpectedly close to him.
Your honor, I am seeking the mercy of the court when you decide _____ punishment. If you decide to sentence him to probation, I will offer any assistance to him that will help him stay in compliance with the probation that you set forth.
Expert:  AttyHeather replied 6 months ago.

Hi again, can you re-write and put in a little more info on your kids to make them seem more real. Give the ages of the kids. Maybe mention something that the kids will have to go without, because without his income, there isn't enough money to pay for it.

Also, maybe put the years that he lost his loved ones, and mention if applicable that he battled something (like depression or ptsd or something like that) after losing so many of his close family. You might want to add the circumstances under which he lost his relatives depending on what the circumstances are - - such as he lost his parents to a tragic car accident in 2014, which also left his little brother who was also in the car, in a coma for 6 months, and he has been the sole supporter for his little brother since.

Expert:  AttyHeather replied 6 months ago.

Can you please let me know if I answered your question or if my suggestions helped?