A “Sample Letter To Prosecutor Requesting Drop Charges” is a formal request. It asks the prosecutor to dismiss criminal charges. People write it when they believe the charges are unjust. It is often used when there’s weak evidence.
Need to write such a letter? We’ve got you covered. This article provides templates and examples. These samples will make writing your letter easier.
Use our samples as a guide. Tailor them to your specific situation. Get the charges dropped.
Sample Letter To Prosecutor Requesting Drop Charges
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Prosecutor’s Name]
[Prosecutor’s Office]
[Prosecutor’s Address]
[Prosecutor’s City, State, Zip Code]
**Subject: Request to Drop Charges in Case [Case Number] – [Defendant’s Name]**
Dear Prosecutor [Prosecutor’s Last Name],
I am writing to respectfully request that you consider dropping the charges against [Defendant’s Name] in case number [Case Number].
I understand the seriousness of the charges, but after reviewing the details, I believe dropping the charges would be in the best interest of justice. [Defendant’s Name] has [briefly explain reasons, e.g., no prior record, strong community ties, evidence is weak, victim does not want to press charges, etc.].
[Optional: Briefly mention any efforts the defendant has made, e.g., completed counseling, community service, etc.]
I am confident that [Defendant’s Name] is committed to [positive actions, e.g., being a productive member of society, avoiding future trouble, etc.].
Thank you for considering this request. I am available to discuss this matter further at your convenience.
Sincerely,
[Your Name]
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How to Write Letter To Prosecutor Requesting Drop Charges
Subject Line: Be Direct and Unequivocal
The subject line of your letter is paramount—it’s the prosecutor’s initial glimpse into your request. Be unambiguous. Something like “Request to Dismiss Charges – [Case Name] – [Defendant Name]” is typically effective. Avoid vagueness at all costs; let them know the precise reason for the missive immediately.
Salutation: Maintain a Professional Demeanor
Address the prosecutor with utmost respect and formality. “Dear Mr./Ms. [Prosecutor’s Last Name],” is the standard and safest approach. If you know their full name and title (e.g., Assistant District Attorney), employ those for an even more polished impression. Err on the side of formality; familiarity breeds contempt, especially in legal matters.
Introduction: Concisely State Your Purpose
In the introductory paragraph, immediately articulate the reason for your correspondence. State that you are formally requesting the dismissal of charges against [Defendant Name] in case [Case Number]. Briefly allude to the reasons that support your request—you’ll elaborate later, but give the prosecutor a roadmap of your argument. A strong, declarative opening sentence sets the tone.
Body Paragraph 1: Articulate Mitigating Circumstances
- Detail any extenuating circumstances surrounding the alleged offense. Was there a misunderstanding? A genuine mistake?
- Highlight the defendant’s lack of prior criminal history. A clean record often sways prosecutors, indicating this incident is an aberration.
- If applicable, mention any restitution offered or actions taken to rectify the situation. Demonstrating contrition and proactive resolution is invaluable.
Body Paragraph 2: Emphasize the Impact of Prosecution
Here, you’ll delineate the potential ramifications of pursuing the case. Consider these points:
- Describe the potential damage to the defendant’s reputation, career, or family life. These are tangible consequences that resonate with prosecutors.
- If the defendant is a pillar of the community, underscore their contributions and the disservice prosecution would render to the neighborhood.
- Address the potential emotional and psychological toll on the defendant, especially if the charges are unfounded or disproportionate.
Body Paragraph 3: Propose Alternative Resolutions (If Applicable)
Suggest alternative resolutions that would satisfy justice without the full weight of prosecution. This demonstrates a willingness to cooperate and find a mutually agreeable outcome:
- Consider suggesting community service, counseling, or restorative justice programs. These options offer a path to accountability without a permanent record.
- If applicable, propose a deferred prosecution agreement, where charges are dropped upon successful completion of certain conditions.
- Be realistic and reasonable in your proposals. Offer solutions that align with the severity of the alleged offense.
Closing: Express Gratitude and Reiterate Your Request
Conclude your letter with a polite expression of gratitude for the prosecutor’s time and consideration. Reiterate your request for dismissal, emphasizing the compelling reasons you’ve articulated. A closing like “Thank you for your attention to this important matter. I implore you to consider the information provided and dismiss the charges against [Defendant Name]” is both courteous and persuasive. Sign off with “Sincerely,” followed by your name and contact information. A polished, professional denouement leaves a lasting impression.
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Frequently Asked Questions: Requesting to Drop Charges
This section provides answers to common inquiries regarding writing a sample letter to a prosecutor for dropping charges. It aims to clarify the process and provide guidance on constructing an effective request.
1. What information should be included in a letter requesting charges be dropped?
The letter should clearly state the case name and number, the reasons for requesting the charges to be dropped, any mitigating circumstances, and supporting evidence or documentation.
2. Who should write the letter requesting charges be dropped?
Ideally, the defendant’s attorney should draft the letter. However, in some cases, the defendant or a concerned party (e.g., a victim who does not wish to press charges) may write it.
3. What tone should be used in the letter?
Maintain a respectful, formal, and professional tone throughout the letter. Avoid accusatory or aggressive language.
4. How should the letter be delivered to the prosecutor?
The letter should be sent via certified mail with a return receipt requested to ensure proof of delivery. A copy should also be kept for your records.
5. Is there a guarantee that charges will be dropped if I send a letter?
No, there is no guarantee. The prosecutor will review the letter and consider it along with other factors, such as evidence and the severity of the alleged crime, before making a decision.