I was recently accused of retail theft at my ex- place of employment. I've pleaded innocent and now must appear in court. There was one witness, a fellow cashier, of the incident. If she cannot appear in court (or simply does not want to) can she write a letter of what she saw happen? Does it have to be mailed to the court? Do letters hold any weight at all in juvenile court? I also could get a letter from my supervisor who would act as a character witness and describe me as a worker.
Would these letters help my case at all?
2007-02-19 10:37:51 · 4 answers · asked by Robert 1 in Politics & Government ➔ Law & Ethics
The letters would only help if you're convicted. They could be used in helping the Judge determine what the sentence should be. They are inadmissible hearsay and not given under oath. If you have a witness who can help you, get a subpoena from the Court and get her there in person. The letters are useless and will not be considered by the Court. How can the judge even know who wrote them?
2007-02-19 10:45:59 · answer #1 · answered by David M 7 · 0⤊ 0⤋
Where is your attorney? You should have a court appointed representative that will be able to answer these questions. Do not be afraid to talk to him or her. It's her job. If you don't have one, find out what you need to do to get one asap. Contact your local legal aid if necessary.
Anyway, generally, juvie court is more relaxed about allowing letters, etc to help your case than normal criminal court is because its purpose is to rehabilitate rather than punish. However, this will vary from area to area (each court has its own policies and procedures), and your lawyer is better equipped than anyone on here to be able to take this information and use it to your advantage in the proper form.
2007-02-19 18:44:48 · answer #2 · answered by Jamir 4 · 0⤊ 0⤋
contact the clerk of courts for the jurisdiction you are going to court in, they should be able to tell you what else would work besides a character witness actually showing up in court. if they are unable to tell you the answer, then contact a free legal advice counselor or an attorney that offers free legal advice. you can find these in the yellow pages or online.
2007-02-19 18:42:12 · answer #3 · answered by onalaska_speedracer04 3 · 0⤊ 0⤋
Instead of a letter, get an "affidavit." Have the witness sign the affidavit and have it notarized. This can be entered into evidence and the judge will have to consider it.
You really should get an attorney; you can get a court appointed attorney.
2007-02-19 19:05:39 · answer #4 · answered by Jesus Jones 4 · 0⤊ 0⤋