P. SAMPLE LETTERS
1. Offer to assist
Dear Mr. Canon,
I sent the following information to you to assist in my defense.
I believe it would be beneficial to interview these witnesses:
1. April Anderson – who can testify that the alleged victim previously attacked her.
2. May Smith – who can testify I was with her at the time.
3. June Jones – who can testify that she saw me leave with May.
I believe it would be beneficial to obtain the following evidence:
1. Video recordings from the store where the incident occurred.
2. My phone records to show messages from the alleged victim.
I do not believe that it would be beneficial to check the gun found at the scene for fingerprints or DNA.
Sincerely,
Defendant Don
2. Request for suppression
Dear Mr. Gomez,
Incriminating evidence was taken from my home. After I refused to consent to the search, police entered my home, found evidence, and then detained me while they obtained a warrant. Most of the search was completed prior to the officers obtaining a warrant.
I, therefore, request that you consider bringing a motion to suppress the items taken from my home.
Thank you for your assistance in this matter.
Sincerely,
Dean Dollar
3. Request for discovery
Note: Your attorney does not have to give you all of the discovery in your case. There are some items that the attorney cannot physically give you because of custody status, such as CDs, and there are some items the attorney cannot legally give you, such as witness identifying information. For other discovery, it is generally discretionary whether the attorney gives it to you or not. Use this letter as a sample is a request for discovery.
Dear Mr. Jones,
I would like to participate in my defense. This requires me to have a copy of my discovery. Naturally, I am not requesting confidential witness information or electronic media that cannot be read while I am in custody, but I do need copies of the rest of the discovery in my case.
Thank you for your assistance in this matter.
Sincerely,
Defendant Don
4. Request for testing
Dear Mr. Miller,
I understand that several pieces of evidence were seized in my case, including a gun, a mask, and a pair of gloves.
I have not touched any of these items. I, therefore, request that you have the items tested for fingerprints and/or DNA as appropriate.
Thank you for your assistance in this matter.
Sincerely,
Donny Dank
5. Request to disclose conflicts
Note:
If you are trying to get rid of your attorney, which is usually a bad idea, this letter and the one that follows may encourage your attorney to declare a conflict of interests. If he is legally obligated to assist someone else concerning your case to the detriment of your case, he must withdraw. This letter is aimed at having your attorney check to see if he has any potential conflicts that could lead to his withdrawal.
Dear Mr. Johnson,
Thank you for your efforts, but I do not feel that you are giving my case your full attention. I am concerned that you may suffer from a conflict of interests that is preventing you from fully dedicating your efforts to me.
Please, check your records and let me know whether or not you or anyone from your firm has ever previously represented or currently represents any person in any way that is an alleged victim or witness in my case.
Sincerely,
Douglass Defendant
6. Request to declare conflict
Dear Mr. Ramirez,
Thank you for your assistance on my case. I trust that you are giving this your best effort, but we simply disagree about my defense, and we are not effectively communicating. I would like to participate in my own defense, but we are not effectively working together.
I do not wish to bring a Marsden Motion, but I believe it is time that we ended our relationship.
I hope that we can end the relationship amicably, so I request that you declare a conflict.
Sincerely,
Danny Defendant
7. Request for dismissal
Dear Mr. Mann,
I understand that the prosecution must prove that the value of property was greater than $950. However, at the preliminary hearing, the witness said that the value was, “around $800.”
I, therefore, request that you consider bringing a motion to dismiss under Penal Code section 995.
Also, the officer indicated that he recorded my “confession” but accidently erased it. I did not confess. I, therefore, request that you consider bringing a motion to dismiss for lost evidence.
Thank you for your assistance in this matter.
Sincerely,
Dean Dollar