How to write a mitigating circumstances letter

Judges are free to consider almost any circumstance that justifies a lesser punishment, from lack of a prior criminal record to a recent bereavement that put you under emotional stress. Mitigating circumstances typically fall into two categories: Tip Focus on explaining who you are and why you acted out of character, or if there were very unusual circumstances when committing the offense. Start With the Basics Begin by writing the name of the presiding judge and the court in the address block, followed by the case name and number.

How to write a mitigating circumstances letter

Contact Plea of Mitigation There is a distinct difference between pleading "not guilty" and putting forward a plea of mitigation.

how to write a mitigating circumstances letter

If you genuinely dispute that you have committed the offence, then it is absolutely right that you should be entitled to dispute the matter by pleading not guilty. However, if you accept that you have committed an offence, but seek to have your personal circumstances considered by the Court prior to punishment, you will be given the opportunity to enter a plea of mitigation.

It is important to understand that a plea of mitigation is not and cannot become a defence. A common error is for the Defendant to put forward so many excuses and explanations that their mitigation plea is rejected by the Court because it amounts in fact to a "not guilty" plea.

A good plea in mitigation will undoubtedly result in reduced punishment with both a lesser fine and a lower number of penalty points. In some circumstances, it can be the difference between losing and retaining your licence. The Fixed Penalty Notice scheme causes confusion for many clients who wish to accept the Fixed Penalty Notice but plead mitigation at the same time.

The scheme does not really allow that option. A Fixed Penalty Notice is actually a "conditional offer" from the prosecution. For all intents and purposes, the Defendant is being given a "take it or leave it" option. There is no flexibility on this and thus a plea of mitigation is not relevant.

The attraction of the scheme from the prosecution's point of view, it involves the least amount of effort and expense on their part and in exchange for that, the Defendant is offered the minimum number of penalty points and a "nominal" fine.

The latter also avoids means testing.

What is an appeal?

If you feel that the proposal is too severe, then you can ask for a Court hearing but do not expect a great deal of sympathy from the Court, which has the option to increase the fine and penalty points, if it feels that your arguments have no merit.

To take the matter further can often result in higher punishment and substantially more expense, particularly if the Court imposes its right to means test you before deciding on a fine.

how to write a mitigating circumstances letter

Whilst we appreciate that nobody likes penalty points or fines, the best advice we can give is don't throw good money after bad and don't dispute cases on a point of principle.

How do I plead mitigation if I have received a Summons?

Front Matter

For the majority of Court proceedings, a plea of mitigation is dealt with by letter and indeed more often than not, the Court prefers this method because it drastically reduces the amount of judicial time spent on a case. However, given that this is your one and only opportunity to state your case, it is essential that your letter covers all the crucial points without becoming long winded or irrelevant.

Motor Lawyers will prepare a personalised letter of mitigation for you via our Letter of Mitigation Service. We do not use standard letters. We will write a personalised and unique letter of mitigation on your behalf only after we have discussed the case with you fully and obtained all relevant information to support your plea.handbook relating to extenuating circumstances.

Carmen’s appeal was turned down because it did not explain why she didn’t submit her claim of extenuating circumstances at the appropriate time (ie. Within 7 days of the assessment and before the Assessment Board met).

When writing letters, special circumstances frequently arise and we may desire to make commentary beyond the usual. Just a few of the common special circumstances, with brief examples of how some writers handled them, are discussed below. page1%of%4%!!!! how!are!extenuatingcircumstances!claims!assessed?!

note:%the%suggestedevidencebelow%issimply%to%provide%examplesofwhatmightbesuitablein%anyof%thegiven. Jul 10,  · Hi, I need to write a letter for Consideration of Extenuating Circumstances.

Can you please have a look if its right? I mean (grammar, spelling, and the way I wrote it). As this is for the dean of faculty.

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the thing is I cant attach the letter. there are two option imagea and audio!! so, I will past it. Thank you. Look forward to hear from you. Jul 10,  · Hi, I need to write a letter for Consideration of Extenuating Circumstances.

Can you please have a look if its right? I mean (grammar, spelling, and the way I wrote it). As this is for the dean of faculty.

the thing is I cant attach the letter. there are two option imagea and audio!! so, I will past it. Thank you. In some circumstances, it can be the difference between losing and retaining your licence.

a plea of mitigation is dealt with by letter and indeed more often than not, the Court prefers this method because it drastically reduces the amount of judicial time spent on a case.

We will write a personalised and unique letter of mitigation on.

Extenuating circumstances | Office of Admissions - McGill University