Thursday, October 29, 2015

How to Write a Letter to the District Attorney


There are many reasons for writing a letter to the District Attorney (DA). Whatever your reason, you’ll want to draft a formal, respectful letter to give your inquiry the best chance of success. You’ll also want to include all the information necessary to support your inquiry, whether it involves a trial, reporting a crime, or dealing with a traffic ticket.

Part 1 of 4: Writing to a District Attorney
1
Look up the correct address online or call the county court. An online search including “district attorney” and the county or city name will almost always turn up an email and physical address. Alternately, you can call or visit the country or city court to request this information.
  • If you are looking for the specific attorney handling your case, it is best to email or call the county or city court clerk to find this information.
Use the correct form of address. For best results, you will want to write a formal letter and address the district attorney appropriately.[1]
  • The envelope: The Honorable (Full name), District Attorney of (city or county)
  • Letter salutation: Dear Mr. / Madame District Attorney:
3
Keep your letter short and formal. Make your letter as brief as possible while still including all the required information. Even if you are upset – e.g. you are a victim writing because our case is not being prosecuted – try to keep you letter formal and respectful. This is the best way to ensure a positive response.[2]

Part 2 of 4: Writing Regarding a Trial or Trial Records
1
Ask for a continuance, or extension of your trial date. If you are a defendant – in traffic court, for instance – and wish for more time to prepare your defense, you can sometimes write the district attorney for a continuance, though in some jurisdictions, you will need to appear in person to do so.[3] State the reason you need a continuance – i.e. to prepare your defense – in your letter.

  1. 2
    Send a written victim impact statement during the sentencing phase of a trial.All 50 states allow victim impact statements, which allow victims to indicate the toll the crime has take on them, and which may impact the judge’s sentence. These statements may include descriptions of:[4]
    • Injury caused by the crime
    • Emotional damage caused by the crime
    • Financial cost of the crime
    • Medical or psychological treatments required by the victim
    • The victim’s views on the crime and the appropriate punishment
  2. 3
    Communicate regarding the trial if you are a victim or witness. During the course of a trial, you may need to send written statements or other information to the district attorney, or ask questions.
  3. 4
    Do not write the district attorney if you are the defendant in a criminal case.Anything you write to the district attorney may be admissible as evidence in your case. Accordingly, your lawyer should handle all communication with the prosecution.
  4. 5
    Know that all states have freedom of information laws that allow you to request public records, including trial records held by district attorneys. In some states, you will need to write to a special agency to obtain these records, but in most states, you can write to your local district attorney. You can find a form information request letter for each state here. You will typically have to pay a per-page fee for any document produced. Be sure to include as much information as possible, including:[5]
    • Name of defendant(s)
    • Indictment or docket number
    • Approximate date of the trial
Part 3 of 4: Writing a Letter to Report a Crime

1
Contact the local police to report most crimes. If a crime is happening at that moment, call 911. Otherwise, write or call your local police department to report most crimes, including theft, vandalism, assault, or nuisance complaints.

2
Write the district attorney regarding fraud and public corruption. Cases of public corruption should be brought directly to the attention of the district attorney. Give as much information as you can on the crime. The cases DAs will investigate vary from jurisdiction to jurisdiction, but often include:[6][7]
  • Public corruption
  • Criminal acts by members of the judiciary
  • Election violations
  • Fraud involving large amounts (typically over $300,000)
  • Environmental crimes
3
Contact the district attorney if a crime against you is not being prosecuted.DAs typically have 1 to 2 years to bring charges, and a trial may be delayed by workload or the need to gather evidence.[8] That said, if you are a victim and feel that the DA is failing to pursue your case, you can write a letter encouraging him or her to do so. For best results, be sure to add a cc list, letting the DA know that you have also sent the letter to other important people, including his or her boss. People to consider putting in your cc: include:[9]
  • Local officials – the mayor, city council members, judges, etc.
  • Local leaders- A prominent clergy person, business leaders, etc.
  • Appropriate organizations and issue Groups – NAACP, National Organization for Victim Assistance, American Civil Liberties Union, National Organization for Women, etc.
  • State and national officials – attorney general, state and national congress people, governor
  • Local newspapers and journalists
4
Report violations of freedom of information laws. All states have laws that require the government to give citizens access to public records. If the government fails to turn over records, the next step is usually to contact the local district attorney to lodge a criminal complaint.[10] Be sure to specify as precisely as possible the documents you requested and to include a copy of any rejection notice sent to you.

Part 4 of 4: Writing a Letter to Fight a Traffic Ticket
1
Know that you can write a letter to the district attorney to reduce the cost of or even dismiss a traffic ticket. Even if you were at fault, DAs will often reduce the level of the fine or change the nature of the charge so no points accrue to your license if you have a previously clean driving record. There is no guarantee your letter will succeed, but as it only costs you a few minutes and a stamp, it’s worth a try.

2
Be courteous when pulled over. The DA will likely contact the officer who pulled you over to ask about the incident. Officers take notes on each stop, and if you were rude, he will let the DA know. That will likely mean the failure of your request, since the success of your letter depends on the DA’s good will.[11]

3
Find the name and address of the District Attorney handling your case. You can call or email the clerk of the court for the county or city where you received your ticket to discover the District Attorney for your case.
4
Obtain your driving record abstract or motor vehicle report. A clean driving record can help convince the DA to reduce the penalty against you. The state department that issues drivers licenses will also be able to provide you with your driving record. See here for information on how to obtain your record in your state.

5
Write the district attorney. Keep your letter short and to the point. There are several things you will want to include:[12]
  • Mention that you are not contesting your speed or the speed zone in the area.
  • Explain why you were speeding – i.e. you did not realize the new speed limit after transitioning from a faster speed zone.
  • Apologize and indicate that you will watch your speed more closely in the future.
  • Mention your clean driving record and attach it.
  • Ask for a reduced fine and/or a reduction in charges to a non-point violation.
http://www.wikihow.com/Write-a-Letter-to-the-District-Attorney


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