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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102368
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, I am looking for a sample letter to the judge from

Resolved Question:

Hello,
I am looking for a sample letter to the judge from myself as a victim before sentencing. I obtained a protective and a restraining order against an ex bf who was stalking me. he violated the order by calling me and was arrested in 4/11. His court date is in 1.5 wks and the victim advocate stated it will be nulled and he will have to attend a mandated class. He violated the order again in 7/11 by contacting my 15yo son and friending him on facebook. I went to the local police (CT) and the
Submitted: 5 years ago.
Category: Legal
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

I am sorry for your situation. Your question was cut off after "I went to the local police (CT) and the..." Can you please let me know what else you had to say?
Customer: replied 5 years ago.
police did not feel he violated the protective or restraining order even though it clearly states no contact by phone, email, text, through another party etc. the police spoke to my ex bf who is a correction officer and believed him( he stated my son friended him) which isnt true. If the police called the number for facebook they would have found out my ex bf sent a friend request to my son. the police refused to send the report to the court to have the prosecutor and judge decide if it is a violation or not. There is clear and convincing evidence which I can include in my letter to the judge for the sentencing. They have not returned my calls either. i would like to send a letter to the state atty office, prosecutors office, atty general, as well as the Chief of police of my town that the officers did not do their duty. I would like my ex bf to get jail time and to have the disposition extended until the 2nd violation is investigated. he is obsessed with me- neighbors have seen him drive by my house still. He even went as far as using the COLLECT system to obtain info regarding my current bf by getting the info from his license plate. he made a false report with the police stating that my bf called him threatening to kill him--trying to break us up.....I would appreciate your help with a plea to the judge etc. Thanks !!
Expert:  Ely replied 5 years ago.
Thank you. First of all, please do not do anything without coordinating with the Assistant District Attorney who is handling your case. This is because many Judges simply will not entertain letters sent by non-parties in the matter.

Assuming that you have the ADA confirm that the Court will entertain the letter, or have the ADA introduce it on your behalf, it would be something along the lines of:

To the Honorable Court:

My name is ___. I am submitting my opinion to this Court and asking that Defendant (name) in the case (cause number, title of case) receive a sentence that fits his criminal activities. I am afraid that the Court is not aware of all that had transpired.

The Defendant has violated the restraining order in the following way:

1)
2)
3)
(and so one)

I feel that if the Defendant is not imprisoned, then he would violate the restraining order again, and harm me and/or my family. I humbly request that the Court admonish the Defendant severely for his actions and simultaneously not have him be a plight unto the community in general, and myself and my family, specifically.


This is just a sample. Keep it short, and to the point. The Judge will get the message that you are trying to relay.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction! Really! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Customer: replied 5 years ago.

I know we would have to keep it clear and concise. Should I include that the local police did not submit evidence to the court because they felt it was not a violation? What example of a letter can I submit to the local police chief - state atty office etc. complaining that the police did not submit evidence to the court about the 2nd violation....

I think I would rather go with one letter that I can address to the chief state atty, prosecutor, local police chief. This way the prosecuting atty can present it to the judge instead of the letter above? What are your thoughts please?

Expert:  Ely replied 5 years ago.
Hello,

There is no need to include the police report, but you can if you wish. Knowing Judges, they will only read the letter and may peruse the report(s). Judges have a lot of information being introduced to them all the time, so I cannot guarantee they will read the attachments.

Really, the letter above it enough. If you submit a "file," the Judge is not likely to go through it all. So I can say that the best thing to do is to submit a letter like one above with a good illustration of what you mean. What attachments you use are up to you - it would be out of place for me to tell you what to attach, especially since I have not seen any of the documents.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction! Really! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Customer: replied 5 years ago.

I appreciate your input. However, I prefer to have one letter that I can send to all the above as I stated before regarding the 2nd violation of the protective order- one that will go to the Chief of police, state atty etc. the prosecutor in my case can present it to the judge that there will be more evidence forthcoming....

 

How would you phrase a letter regarding the violation that was not looked at seriously with the facebook incident to the chief of police, state atty etc.....I think this would be a great way to cover all the above. I would give this to the prosecutor to present to the judge. Thanks so much for your help with this....

Expert:  Ely replied 5 years ago.
Hello,

You do not have anyone to convince but the Judge. So, you only need to send one letter - to the Court - and in coordination with the DA. All other parties will not even be present but the DA, the Defendant, and the Defendant's attorney at sentencing. What you are proposing is overkill. One letter - to the Judge - illustrating your concerns and asking for imprisonment as part of sentencing. That is all you need. No attachments, no multiple parties, nothing else.

You asked for an expert's opinion, and I am providing it. I cannot in good conscience tell you that sending a letter to the Chief of police or the Attorney General is going to make a difference. Just one letter, one akin to the sample I provided, that you would have the DA deliver, is enough.
Customer: replied 5 years ago.

Can I state in the letter to the judge that my life has changed because I am looking over my shoulder all the time...living in fear ?

 

Should I mention about the false police report he made against my current bf or how he used the COLLECT system to get info? Will the Defense atty say that is here say without proof of evidence?

Expert:  Ely replied 5 years ago.
Hello,

Yes, of course. The sample I provided was just that - a sample. Please, mold it how you see fit.

Yes, you should mention both the false police report and the information gathering. No, do not worry about hearsay, etc - at sentencing, this is simply a letter, nothing else, and normal rules do not apply half the time. Let the DA argue what should and should not count in the letter for the Court to consider if the defense bring an argument.

Keep the letter to a page and a half, maximum.

You may be over-worrying a little. The Judge is going to skim your letter along with the sentencing recommendation, DA's argument, and the Defense's argument. So do include what you feel is relevant, but it is the overall thought that counts. Do not antagonize over minor issues, as the Judge is going to give a cursory glance to this letter, and not an in-depth review.
Ely and 5 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Wish me Luck !! Thanks !!
Expert:  Ely replied 5 years ago.
I do wish you luck - it'll be fine.