Character Letters against a Defendant?

Question

Hi, 

My friend was involved in an accident last month. She suffered a foot injury when her ex bf ran her foot over. He was issued a careless driving ticket since it couldn't be proven whether or not it was intentional. 3 weeks later he was issued a DUI. His court dates for the two tickets have been combined and my friend was advised to write a letter to the judge to state why she think's his careless driving ticket should not be dropped. Currently, she is still under doctor's care for her foot and her insurance claim against him is still open.

I guess what I am wondering is, what should she say in her letter to the judge, without sounding accusatory?

Thanks in advance!

badaspie · Accepted Answer

She should simply state why she believes the charge should not be dropped.  Does she think it was intentional?  Has her ex threatened her in the past?  Has he offered to compensate your friend for her injuries?  These are the types of things that may convince a judge to decide one way or the other.

? · Answer

Your chum probable is purely no longer concern to criminal expenditures. Libel, slander and defamation are all civil claims. Harassment could nicely be criminal yet i do no longer think of she's finished sufficient to warrant harassment; and whether she did, the ex lady chum may be the sufferer. The ex lady chum could have the potential to get a civil restraining order against your chum. it could be very no longer basic, although. so a strategies as a defamation healthy, your chum purely has to attend it out and get a legal expert if the guy sues. If she will't pay, a legal expert could take a contingency value (for this reason purely taking a value in the event that they win they case). i do no longer think of that the guy could have an relatively good defamation declare, although. Making statements related to a rape is defamation in keeping with se, meaning that the statements do no longer ought to truthfully injury the plaintiff's attractiveness to be certain that them to be considered defamaning statements. even though, with the intention to tutor defamation, a plaintiff ought to exhibit that the writer (your chum) knew or could have customary the rape tale became fake. So her protection could be that she is telling the certainty and she or he's the only witness. Your chum's credibility could actually be a controversy then. She has to make constructive she would not have even the slightest whiff of a stalkerish dating with this guy, like one the place she retains calling him and wanting to confirm him and he continuously says no. Then it could appear like your chum is mendacity related to the rape with the intention to get revenge on him for dissing her.

RetroRanch · Answer

Who asked her to write that letter? Not to a judge. A judge shouldn't even be reading letters from individuals who are not party to the case. (That's the exbf and the State.) Nothing about this sounds right. Have her call the prosecutor and ask about this.

Character Letters against a Defendant?

3 Answers