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  #1  
Old 09-09-2017, 06:05 PM
RLR651 RLR651 is offline
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Question How to write letter to court (judge, D.A., P.D.) confessing to crime (DUI)?

I am looking for any kind of suggestions or advice on how to write a letter to the court (judge, D.A., P.D.) confessing to a crime (DUI) that someone else took the blame for, I've called the police station and they are of no help, I called the court house and they told me to call the police station (?). This person's hearing is on Tuesday and I'm going to tell them the truth but I also want something in writing, so they can have it documented. Please help, any suggestions, advice or any in put is greatly appreciated. Thank you.
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Old 09-09-2017, 06:34 PM
cornered cornered is offline
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Just go in to the hearing and do it there.
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Old 09-09-2017, 07:01 PM
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Talk with an attorney first. Make sure you're facing the liability that you want to be facing, and not getting the person taking credit for your misdeeds into more trouble. Make sure you know the entire score, then make your decision.

An attorney will help you draft your affidavit and then will have it notarized. S/he will give the attorneys representing the state and the guy taking the blame a heads up so they know what's coming. S/he will also notify the court.

Further, the attorney will help you with the process after you've made your statement, should you be arrested for that DUI. Bail can be arranged so that you process through as quickly as possible. You may even be able to get sentenced the same day, depending on the sentence and your view of the whole matter. Or the whole thing can be pushed off until you've completed at least half a year of sobriety after rehab.

So, yeah, talk to a lawyer. Do it as soon as you can. You really waited for the last minute so unless you have a family attorney handling your real estate and wills and the like, you're going to be scrambling Monday to find somebody and deal with this.

Don't do what cornered says or you will be ignored or worse, the sentence for your friend will be passed and you'll be arrested on some other charge, like obstruction or whatever they can pull out.
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Old 09-28-2017, 10:02 PM
Juniesgal Juniesgal is offline
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Quote:
Originally Posted by RLR651 View Post
I am looking for any kind of suggestions or advice on how to write a letter to the court (judge, D.A., P.D.) confessing to a crime (DUI) that someone else took the blame for, I've called the police station and they are of no help, I called the court house and they told me to call the police station (?). This person's hearing is on Tuesday and I'm going to tell them the truth but I also want something in writing, so they can have it documented. Please help, any suggestions, advice or any in put is greatly appreciated. Thank you.
RLR651- Good for you, Im sure that was a hard decision for you to make, but if you did it, Im glad you arent letting this person ruin their lives. I wish you all the luck. Like the other poster said, an atty seems like the best deal here. Im wondering if you call that persons atty, if that would help? Maybe "yourself" can chime in on that thought.....
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Old 09-28-2017, 10:15 PM
yourself yourself is offline
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Quote:
Originally Posted by Juniesgal View Post
RLR651- Good for you, Im sure that was a hard decision for you to make, but if you did it, Im glad you arent letting this person ruin their lives. I wish you all the luck. Like the other poster said, an atty seems like the best deal here. Im wondering if you call that persons atty, if that would help? Maybe "yourself" can chime in on that thought.....
No. It won't help. Sentencing means the determination of guilt has been made and the court is handing down the sentence.

What needs to happen here is for an attorney to properly advise the OP about the liabilities he faces, make sure the person is competent to swear out an affidavit, have that person swear out an affidavit under oath. Then, depending on the prosecutor and the judge, approach the prosecutor, hopefully get the prosecutor to withdraw the charge against the already guilty defendant, and go forward with charges against the OP. The prosecutor will then determine whether he wants to go forward and with what charges, depending on the facts and circumstances of the case.

Here's the worst case scenario:

Defendant gets busted for taking a false plea after swearing false evidence to the police and making an allocation under oath to the charges (assuming no trial and that the defendant was charged and convicted because the defendant took responsibility for the OP's crime). Both are felonies and could result in a lot more prison time than for the DUI.

OP's conscience is cleared, and OP will be charged with the DUI. If the OP was a party to the "fraud upon the court" in putting forth the wrong defendant, the OP could pick up a few more felonies as well.

But, it should all be done through attorneys to reduce the risk of other charges for both parties.
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Old 09-29-2017, 01:41 AM
cornered cornered is offline
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RLR651, I must say that what you are proposing to do takes an awful lot of integrity.
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Old 10-06-2017, 05:50 PM
redtop43 redtop43 is offline
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I don't think this is the first person who has used the term "allocation" when they mean "allocution."

Allocation is to apportion, like if you use your house 15% for business you would "allocate" 15% of the electric bill to the business.

"Allocution" is to make a formal speech, most particularly a statement of the facts and circumstances of a crime by a defendant who has pled guilty.
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Old 10-06-2017, 06:32 PM
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If I wrote allocation instead of allocution (ah, yes, there it happened again, and I changed it back) it's because my iPad autocorrected to allocation.

I know the difference. The iPad doesn't come with a legal dictionary.

Oh, and by dictionary, I mean the vocabulary that forms the spellcheck. Back in the day, they were called dictionaries, even when you had to run a special program to check the spelling of a document.
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