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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70406
Experience:  Over 5 years in practice
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how to ask / write a letter to a judge to not send down a employee

Customer Question

how to ask / write a letter to a judge to not send down a employee for fighting which he is guilty of, but to impose a none custodial punishment, as he is a key employee and would make it very difficult for the firm to coup with out him.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

We are a small company, 10 staff in total, including myself,


We have one specialist low loader driver who as a lot of experience and qualification in do this job, the only one person who can do this job is me, but I am not in the best of health with a heart condition, which I am having treatment and later this year for a operation.,


Andrew Ward (the Driver) has a lot qualification's, to include,


HGV 1, C Plus E, IPATH, City and Guilds, Mechanical plant handling for,


360 exe, 180 exe, rollers, track and wheeled, access machines boom scissor, Hiab , and so on.


It will take years to train some one up to this standard, plus a lot of money,


Mr Ward first looks like a hard man but he is a very conscience man,and very, very lawal employee, who works very hard for us,


and reality his a very kind man,


Example, a retired ex employee man about 75 years who he worked with had a fall, Andrew dropped everything to assist to help him, from hospital visits, taking him home and giving him money to help him out,


This is not unusual for him.

Customer: replied 3 years ago.

















You replied




22 February 2014 11:38 EST





We are a small company, 10 staff in total, including myself,




We have one specialist low loader driver who as a lot of experience and qualification in do this job, the only one person who can do this job is me, but I am not in the best of health with a heart condition, which I am having treatment and later this year for a operation.,




Andrew Ward (the Driver) has a lot qualification's, to include,




HGV 1, C Plus E, IPATH, City and Guilds, Mechanical plant handling for,




360 exe, 180 exe, rollers, track and wheeled, access machines boom scissor, Hiab , and so on.




It will take years to train some one up to this standard, plus a lot of money,




Mr Ward first looks like a hard man but he is a very conscience man,and very, very lawal employee, who works very hard for us,




and reality his a very kind man,




Example, a retired ex employee man about 75 years who he worked with had a fall, Andrew dropped everything to assist to help him, from hospital visits, taking him home and giving him money to help him out,




This is not unusual for him.






Expert:  Jo C. replied 3 years ago.
Thanks.

What is the offence he is facing?
Customer: replied 3 years ago.

violent disorder

Expert:  Jo C. replied 3 years ago.
Does he have previous convictions?

Is this definitely a violent disorder? They are fairly rare now.
Customer: replied 3 years ago.

yes, violent disorder, no previous.

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

On your substantive point, there isn't much point in sending a letter explaining your circumstances. They are not a consideration for the court and so will be disregarded.

What you could do is compose a character reference making clear how important he is to you but you need to make positive points about him otherwise there is no point in doing anything. Obviously you can only do that if its true.

I haven't had full vision of this case so can't tell you what he is likely to get with any certainty.

However, if this is a violent disorder then its not likely he will avoid custody I'm afraid. There are no sentencing guidelines on the point but the leading case is Chapman and that involved a youth who took part in a 12 hour riot for less than 15 mins himself. He received 3 years although obviously you don't know whether he pleaded guilty or was convicted or had previous.

If, on the other hand, this is an affray as is possible then a custodial sentence probably will be avoided.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Thanks you for your reply, but yes it is not the one I want, but this life,


so how do I best do a character reference, with the most effect

Expert:  Jo C. replied 3 years ago.
Character references don't make that much difference any more. They originated when defendants could not give evidence themselves and didn't have lawyers so they needed others to speak for them. However, it is the only way you are going to get the court to consider this.

They can only be written truthfully obviously.

You need to set down everything you can think of that is positive about him - usually people comment on his responsibility, level of skill, hard work and if you find him pleasant and reasonable then you cna make that point.