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Should I write a DUI leniency letter to my preliminary hearing judge before the hearing? Is is ok to do that?
Anonymous3 views3 answers
I just heard its a good idea to write a letter to the judge before the hearing. that is may help me out. I know how I should write it, but I just don't know if I should write it to the preliminary hearing judge, or wait till after, if it goes to the main hearing at county court. But I've also heard that things can settle and be done with at the preliminary hearing.
Have you talked to your attorney about this??
Has anyone explained to you the purpose of the Preliminary Hearing?
A preliminary hearing is a hearing simply to determine whether the officer had enough evidence to arrest you. The judge makes no decisions on sentencing or guilt or innocence in most counties (there are a few where you can plead guilty to charges at the District Justice but not many).
At some point writing a letter expressing your repentence can be helpful but that is something your attorney will go over with you, along with any defenses and diversionary programs you might be eligible for.
If you dont have an attorney get one. DUIs are serious charges and if mishandled can have serious consequences.
I agree that it's best to discuss this with your lawyer. A public defender may be available to you and the district judge's office can give you information, if you don't already have it, on how to apply for a public defender. If you already hired private counsel, follow his or her directions on this question. It is not appropriate for individuals to make direct contact with a judge in their case at any time. Your statements in such a letter could also make your case harder to defend, as you may make admissions that could later be used against you.
