Attorney Joseph Soler
Feb 13, 20202 min
Updated: Mar 22, 2020
In almost all cases in our local county, if you write a letter to the judge that is assigned to hear your case, the letter will be copied and sent to the state attorney (prosecutor) who is prosecuting you! A copy will also be sent to your attorney (assuming you have one).
This is very dangerous for you. Criminal defense attorneys universally advise: do not speak to anyone but your attorney about your case! This is because, without even being aware of it, if you talk about your case there is actually a pretty good chance that you will say something that can later be used against you.
By "used against you" I mean that the state can later use it to impeach you (contradict something you say), use it to prove some point, or introduce it into evidence as a form of admission or confession.
Oftentimes people think, 'If the judge just hears what I have to say things will get better!' Possibly this is true, however our legal system has particular rules and processes that must be followed. In other words, "you gotta play by the rules." And the rules do not allow ex parte communications: the rules do not allow you to talk to the judge without the other side (the prosecutor) hearing what you have to say.
If you do insist on writing a letter, it is best to have an experienced criminal defense attorney review the letter and your situation to ensure that you are not possibly doing something that could harm you. Give us a call at (941) 444-5128 and we will be happy to review your legal issues with you and answer any questions that you may have.