A character reference is a letter demonstrating the good character of a person involved in legal proceedings, written by a person who knows the accused and is willing to vouch for them. When writing a character reference for legal proceedings, it is important to bear in mind the tone and content of the reference. The reference should be clear and specific to allow a magistrate, registrar or judge to consider the reference in light of the
particular charges. Whilst the style and content of a character reference will differ depending on the proceeding in question, i.e. as between a serious criminal charges or a minor road traffic offence, the goal of all character references is to portray to the court the genuine character of the accused person. Being involved in a court proceeding is a serious event and therefore the tone of a character reference should reflect this by
being honest and formal. The reference should be addressed to the recipient correctly. For example, a case in the Magistrates Court should be addressed to ‘The Presiding Magistrate’ and state the court location. The letter should begin with ‘Your Honour’ and be dated and signed by the author of the reference. There are a number of important areas that a character reference should address: State what your occupation is and any qualifications you hold. Give a short summary on how you know the person, how long you have known each other for and how often you keep are in contact. Are you a family member, co-worker, employer or friend? The longer you have known the person, greater weight can be placed on
your reference by the court. This does not mean you need to delve into your complete personal history with the individual. You should show that you are aware of the offence the person has been charged with. If the accused person has spoken to you about the charges, it will be helpful to state how the accused feels i.e. they are
distressed or upset, they feel remorseful and sorry for what they have done, they have attended counselling, or have sought rehabilitation and treatment. You may also outline any personal problems or hardships that may have played a part in the accused committing the offence. In relation to problems such as mental illness or drug or alcohol use, you may state any efforts the accused has made to overcome these personal difficulties DON’TIt is important you only acknowledge that the person has had the charges brought against them. It is advisable that you do not aim to argue against the charges on behalf of the person and you should not make direct reference to or allude to the fact you believe the person should not have been charged. 4. State your opinion of the person’s general characterDOYou should aim to portray the reputation and general character of the accused person in the community. Do you think it is out of character for the person to have committed the offence? You should also include information favourable to the person, including charity work they have undertaken or any special achievements. DON’TYou should never include information you know to be untrue and lying to the court is an offence in itself. A reference should be limited to giving positive affirmations of the person facing charges, and shouldn’t make any suggestions as to the penalty you believe the accused should be given. Image source: https://static-secure.guim.co.uk/sys-images/BOOKS/Pix/pictures/2012/2/1/1328109708093/Letter-007.jpg Character Letter for a Judge: Tips and TemplateBy Benson Varghese Last Updated: September 29th, 2022 Published on: January 8th, 2018  Sentences in federal criminal cases – whether they are a result of a plea or a verdict – are set by the judge. Character letters, which are also known as “sentencing letters,” are written by the defendant’s friends and family members in an effort to convince the judge to assess a lower sentence. These are a mainstay of federal criminal cases. This is because most federal judges limit the number of live witnesses, but will receive and review almost any number of support or character letters. Table of Contents 1
How to Write a Character Letter for a JudgeSentences in federal criminal cases – whether they are a result of a plea or a verdict – are set by the judge. Character letters, which are also known as “sentencing letters,” are written by the defendant’s friends and family members in an effort to convince the judge to assess a lower sentence. These are a mainstay of federal criminal cases. This is because most federal judges limit the number of live witnesses, but will receive and review almost any number of support or character letters. What is the Goal of a Sentencing Letter?The goal of a character letter is to cast the defendant in the most favorable light possible. A character letter to a judge should establish your credibility, paint a full picture of the defendant and be respectful, among other things. Here’s nine tips for writing the most persuasive character letter possible. Tip 1 for a Character Letter for a Judge: Establish CredibilityFirst, the author of the letter should tell the judge how they know the defendant. Use the first paragraph to build credibility and answer the following questions:
Tip 2: Avoid LandminesThe biggest mistake a letter writer can make is to either detract from the defendant’s acceptance of responsibility or the jury’s verdict. Avoid phrases like “this is not like him” or “he pleaded guilty to get a better sentence and not because he was guilty.” Instead, this paragraph should include something along the lines of:
You can even add something along the lines of, “I know the Federal Sentencing Guidelines, although not mandatory, provide the court with recommendations, and I realize how significant the possible sentence could be. I hope that you will find ____’s life and work to warrant a low sentence.” Tip 3: Tell a StoryYou have established how you know the defendant and you’ve expressed respect for the court and the sentencing process. Now comes the most important part: What are you going to tell the judge that will stand out in his or her mind? How do you convey that the defendant is much more than a “defendant?” The best way to do this is to tell a story about the defendant. Give specific examples. For example, instead of saying the defendant is generous and kind-hearted, give the judge an example of an instance when the defendant showed these attributes. Instead of saying the defendant is the sole provider for this family, give detailed examples of how the defendant legitimately provided for his family in the past. Tip 4 for a Character Letter for a Judge: Paint the Full PictureAlways keep in mind the picture you are painting for the judge and use the character letters strategically to paint that picture completely. For example, consider using one family member, one professional connection, and one from a church or civic organization as a bare minimum. Tip 5: Always Include Verifiable InformationRemember the judge will have judicial clerks who will have time to verify any letters the judge wishes to have verified. Always include an address block with your letter, in the following format: Name Mailing Address Phone Number Email Address Providing the court with your contact information will make the letter easily verifiable, should the court wish to do so. Tip 6: Check with the AttorneyEvery court is going to have different filing requirements. All the letters should be sent to the defense attorney and not the court directly. Most courts will accept letters on 8.5 x 11 standard letter-sized paper. Most courts will accept copies of electronically delivered letters, but be sure to check with the attorney first. Remember that judges read hundreds of letters. The easier you make it for the judge to read, the most likely the judge will be able to focus on the message you are trying to convey. For most people, a typed letter is more legible than a handwritten one. You can always add a personal touch by delivering a letter with an ink signature on the letter – but remember some judges will only see the scanned electronic copy of the letter. Letters from young children are an exception – where the handwriting may actually make the letter more powerful – the judge will know the letter came directly from the child. Tip 7: How to Address the JudgeYou can address the judge to “The Honorable First Name Last Name” or “Judge First Name Last Name” or “Judge Last Name.” It is redundant to say “Honorable Judge” so use either “Judge” or “Honorable.” Tip 8: Don’t Worry about the Reference Line or Court’s AddressWhile you can include identifiers like the Court’s address, the reference line, the case number etc, the reality is that all the letters should be delivered the defense attorney. The attorney, in turn, will make sure the letter get to the court and filed into the correct case. Tip 9 for a Character Letter for the Judge: Know Your AskMost federal defendants are not going to be eligible for probation. Check with the defense attorney before making statements like “nothing good can be accomplished by sending ______ to prison.” Instead, end your letter with the same credibility you built at the beginning of the letter by making a reasonable request – whether that is asking for a minimum sentence or even a sentence under the recommended guideline range. Example Format for a Character Letter to the JudgeCurious how our attorneys can help you reach your goals in a federal criminal case? Call us today at (817) 203-2220. How do you write a character reference letter for probation?Tips for Writing an Effective Character Letter. Address Your Letter to the Judge. ... . Establish a Clear Relationship with the Defendant. ... . Be Truthful. ... . Be Positive. ... . Include a Discussion of the Crime. ... . Do Not Suggest Penalties for the Crime.. What do judges look for in a character reference?There are a number of important areas that a character reference should address:. Introduce yourself. ... . Outline your relationship with the person who is the subject of the legal proceedings. ... . Acknowledge the charges that have been brought against the person. ... . State your opinion of the person's general character.. How do you write a good character reference letter?How to write a character reference letter. Start by explaining your relationship to the candidate. How do you know the candidate? ... . Include long you've known the candidate. ... . Add positive personal qualities with specific examples. ... . Close with a statement of recommendation. ... . Offer your contact information.. How do I write a letter to get out of federal probation early?Recap the main points of why you feel you should be released from probation early in your final paragraph. Mention that you have suffered mental anguish and feel very remorseful for the crime you committed. Thank the judge for reading your letter. Ask him to take it into consideration when he makes his decision.
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Character reference letter for early termination of probation
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