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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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how to write a sentencing letter to judge to lower sentenc

Resolved Question:

how to write a sentencing letter to judge to lower sentence
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.



is this for you to present on behalf of someone else - or for yourself or for someone else - please provide all necessary clarification



Customer: replied 8 years ago.

This is for my son. Plead guilty to burglary to avoid a third strike of 25 to life. Herion addict. I wrote a letter to the three strikes panel that would not strike stikes. The Judge agreed to a 13 year sentence, stating it was the lowest he could go under the law due to enhancements. He did mentiona a 9 year term vs the 13 year plea. He has two young children and I am attempting to get the sentence lowered to 9 years. We are set for a Romero hearing and letters were requested. I need a sample letter so as to get this correct.


Expert:  Samuel II replied 8 years ago.



ok. now i am a bit confused - the romero is formally called a Morrissey hearing based on case law where due process for a parole violation is mandated - at any rate, was your son on parole? is it the parole revocation hearing you want the letter for? has he been convicted of the burgulary? i feel like you are mixing the two proceedings -


when he was released on parole - how much time did he serve before that release and what was that crime.

Customer: replied 8 years ago.
My son has accepted a plea bargain of 13 years. The judge pondered a 9 year sentence. This is the hearing after the plea bargain>it will include the probation report and family letters. Letters for doctors etc. My son had been on parole. His parole ended 2 weeks after his arrest (2 years ago)he has been in jail since. The judge admonished our Lawyer to provide enough in his motion to allow for a reduced sentence. I believe it is a Romero hearing. We have law students on our case, this is their course of study. I may be incorrect. What I need is a guidline for a letter to the judge requesting he go with the 9 years. I am not about to contend my son is innocent as he did plead guilty and I think that is one of the things not to do. I simply need a sample letter so as not to do more damage.Thanks
Expert:  Samuel II replied 8 years ago.



okay. i just like to be clear as possible -


so here is what you do


Dear Honorable (judge's name)


It is with much sorrow that I have to write this letter pleading mercy from this Honorable Court for my son, (his name). I know that my son has done much wrong and he nor his family deny that. However, we also recognize that his behavior is due to the nature of his addiction. He has been a herion addict for (number of years). This breaks my heart every day. I am sure when (son's name) has his wits about him he is cognizant of the pain he has cause me and his family.


Absent his drug addiction, my son is a good person. He has been a good provider for his children and, while not the best role model, a decent Father. His children love him and would love to have him in their lives. It is with daily prayer that we work toward getting and keeping (son's) name clean from the demons of drugs leading to other criminal activity.


(if he was employed, you can mention that. if he has a high school diploma or trade mention it. anything positive you can think of, put in a paragraph here. you can once again bring up the children; how old they are - what a longer incarceration will mean to them in terms of being able to bond with their Dad, etc.)


I fully understand that (son's name) should be punished for his crimes. I do plead with this Honorable Court that you take into account that he is a drug addict. Not that his actions should be excused; but in the sense that he needs treatment. I understand he has victimized folks with his behavior and I hope one day they will see their way to forgiveness.


Your Honor, 13 years is a long time as punishment should mesh with rehabilitation before that; and arent we a society of rehabilitation? He is a non-violent offender, which I sincerely XXXXX XXXXX court will consider when imposing sentence. It is with a Mother's heartfelt sincerity and love for my son that I implore this Honorable Court to consider the lesser sentence.


Thank you for your time and consideration.






let me know, if you are satisfied with this or if there is something else you want to add, etc.


good luck




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