When facing prosecution for a DUI violation, a letter of mitigation from an attorney is one strategy to seek a more favourable outcome. This letter aims to persuade the prosecutor to remove or decrease charges by describing the accused individual’s exemplary moral character and/or any mitigating circumstances.
The prosecutor is responsible for deciding how to charge the defendant. Judges are prohibited from changing these decisions. The objective of the mitigation letter is to persuade the prosecutor. This is a rather subjective procedure, and the prosecutor’s connection with the defence attorney can influence the success of this letter.
Effective mitigation letters include various attachments, such as letters of support from other parties, evidence of hardship through exhibits such as bank account records, job schedules, and other information, and a general summary of the defense’s court strategy. In certain instances, the prosecutor is willing to modify or drop the charges based on this letter; but, in other instances, the mitigation letter has no bearing on the legal procedures. There is no specific regulation requiring the prosecutor to respond to this type of correspondence. The best person to assess if a mitigation letter is a reasonable strategy is the defendant’s counsel.
