QUESTION
Is this ex parte communication letter to judge? How?
Asked on Aug 01st, 2013 on Criminal Law - Michigan
More details to this question:
I am the defendant in an aggravated battery case. The judge does mandatory drug testing for all defendants, regardless of charge. I wrote the letter below as I know my drug test I took today will be positive for cocaine. A few questions: is this a good move? Should I open with a statement saying this is not meant to be ex parte communication and can freely be transcribed, shared with other parties and made public? Is this indeed an ex parte communication?
6 ANSWERS
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It is exparte communication because it is something that is going directly to the judge and is not before all the parties (ie prosecutor). You can send the letter, but the judge wont read it. My advice to you is to work through an attorney.
Answered on Aug 09th, 2013 at 9:50 PM
It is only ex parte if you don't send a copy to the prosecutor's office.
Answered on Aug 09th, 2013 at 9:50 PM
Thomas Edward Gates
Drop it! The judge can not and will not read your letter. However, the prosecutor can use your free will statement to file drug charges against you.
Answered on Aug 09th, 2013 at 9:50 PM
Michael J. Breczinski
Well it is a confession of the violation. The judge will show it to the lawyers for both sides.
Answered on Aug 09th, 2013 at 9:50 PM
Jacob P. Sartz
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Generally speaking, if a party in a pending criminal case sends the judge, only, a letter, as you describe it, it would be an "ex-parte" communication and it would be disclosed to all the parties. Generally speaking, it is a bad idea, especially to admit to an alleged possible criminal offense, i.e., "use of cocaine," while the underlying charge is still pending. No disclaimer is going to do anything; it would be an ex-parte communication that would be disclosed. Further, it may be part of the court-file. The court-rules require disclosure of ex-parte communications. If a judge wishes to take some action (i.e., revocation, etc.) related to a bond condition, the accused party gets a hearing to explain themselves. It's usually better to challenge bond conditions through motions or contest the allegations at this hearing, rather than potentially admitting to incriminating things in a letter to the judge. You really need to talk to your lawyer about this or obtain legal counsel before contemplating such an action. You could incriminate yourself and potentially have your bond revoked. Your bond may ultimately be revoked anyway, but sending a letter to the judge probably won't help the situation.
Answered on Aug 09th, 2013 at 9:49 PM
John J. Carney
Do not write letters to a judge, only lawyers should talk to a judge.
Answered on Aug 09th, 2013 at 9:49 PM