I want to write a letter to the judge that will be overseeing my sister's case and because I am not able to travel out of state, I would like to give the judge information that she does not have, that would help my sister out. She is in a county jail in Florida and she is there because of fraudulent activity/theft but she has children and no other support. Do you have any advice in this process?
2007-11-12 08:51:57 · 4 answers · asked by Mz. J 2 in Politics & Government ➔ Law & Ethics
Hear is what I would do: If she's being represented buy the Public Defenders Office ( legal help for people who have no money to hire their own attorney) call them immediately. Make several copies of your evidence. If you're not sure if there is a public defenders office it would not be unethical to call the district attorney's in the county where the incident happened and ask them if she has any legal representation. Call them and ask what you should do with your evidence that would help your sister.
At this point do not send anything to the judge. He has to make a judgment with the evidence presented to him. It would be unethical to send the information to him.
2007-11-12 09:51:52 · answer #1 · answered by Country Boy 7 · 0⤊ 0⤋
Don't bother sending it to the judge. Judges are prohibited from considering "ex parte" communication...that is one party to the case cannot talk to the judge about the case without the other party being present. Besides, every judge I've known gets lots of mail like this and does not have time to respond.
Just pass it through your sister's attorney and let him/her decide how to use it to help your sister. The vast majority of cases are dismissed or pleaded out (i.e. the judge never even considers the case), so her attorney may be able to use it to negotiate a dismissal or better plea bargain with the prosecutor.
2007-11-12 18:27:27 · answer #2 · answered by Benjamin Gladstone 2 · 0⤊ 0⤋
ok depending on the state u need to make sure it is noterized and even then it may not be submisable so what u need to with the letter is let it be known u can make a telaphone testimony and will be willing to have a sheriff or other legal person swear u in over thephone during the trial it may be the only way to let you be heard other then going in person i would def check with your sis lawyer to see how to go about it..
2007-11-12 16:57:08 · answer #3 · answered by rebecca b 3 · 0⤊ 1⤋
"Do you have any advice in this process?"
Yes. Don't do it.
A judge is prohibited from considering any such out-of-court communication from one party in a case, or from their friends, family, etc.
The correct person to pass this information to is your daughters attorney.
Richard
2007-11-12 16:58:37 · answer #4 · answered by rickinnocal 7 · 1⤊ 0⤋