A Few Steps to Writing a Great Character or Support Letter
Writing a great character letter for sentencing, or to support a request for a plea bargain, is easy if you follow a few simple rules.
Writing a Persuasive Character Letter or Sentencing Recommendation
A great character letter for sentencing is often beneficial when someone is sentenced for a misdemeanor or felony offense. Letters from people who know or work with the defendant can carry substantial weight with the judge determining the sentence. A letter will stand out if the author knows the defendant and the letter is credible and personal. The most influential letters will be concise, typed, and dated. Additionally, a character letter must be signed and contain the author’s address and phone number or email address. If there is no name or contact information, the letter’s authenticity will be questionable.
Avoid Generalities. Make the Person’s Character Come to Life with Personal Examples
General comments like “hard-working, energetic, loyal, or generous” carry little impact if not backed up by objective facts. Anyone can say someone has great qualities, but one or two brief examples are necessary to paint a credible picture. Letters that give examples and demonstrate commendable character traits will be more persuasive. Use examples, illustrations, and stories from your relationship to help the sentencing judge learn about the “real” person. For example, “She volunteers her time with underprivileged children teaching them to read” or “A few years ago, I recall she bought a sandwich for a child in line at McDonald’s that didn’t have enough money to pay his bill.” These are examples of things that can bring the person you are writing about to life and impact the sentencing Court. Although brevity is essential, someone writing a character letter must provide sufficient details to help the judge or prosecutor appreciate the defendant’s good character traits.
Make the Character Letter Attractive, Respectful, and Easy to Read
If you write a character or sentencing letter to a Court, address the letter to “The Honorable John Smith” or “Judge Smith.” The body of the letter should start with “Dear Judge Smith.” You should type the letter if possible. If the letter is from a professional or work associate, it should be on letterhead. The character letter for sentencing should include the author’s name, address, and telephone number. It should be no longer than one page and should be signed. When writing your letter, be sure to include how long you’ve known the defendant, when you met, and the nature of the relationship. Also, include that you are aware they are convicted of the specific crime. If you do not mention that you are aware of the offense, it will look as though the defendant hid it from you and is not taking responsibility. You want the judge to know that you are writing the letter and supporting the defendant, even knowing what they have done.
Send the letters ONLY TO THE DEFENSE ATTORNEY. Do not send the letters directly to the judge, the court, the prosecutor, or anyone else. The defense lawyer will provide the letters to the court in the appropriate and best way. For example, providing a letter just before or on the day of the sentencing hearing is not helpful. It will probably mean that the judge will not have time to read your letter, or worse, the tardy letter will irritate the judge.
If the Defendant Plead Guilty or No Contest
Along with personal examples, the letter should include that the defendant expressed remorse for their actions or suffered anxiety due to being charged with a crime. Instead of being generic, write how you observed or know these statements to be true. For example, “he talks about how sorry he is for what happened every time I see him.” If you are aware of any personal circumstances or hardships that may have contributed to the commission of the crime, you should include this information in the letter. However, avoid being sensational or exaggerating. Be careful not to shift the blame to something or someone else. You can include the defendant’s problems or hardships, but do not be melodramatic or paint the defendant as the victim. The court will have an adverse reaction to any attempt to shift the blame.
If the Defendant was Convicted at Trial and Maintains a Claim of Innocence
Writing a persuasive character letter for sentencing where a defendant pleaded not guilty and was convicted at trial is challenging. It is often best to avoid reference to the charges and the victim (if there is one) when the defendant claims innocence. Judges loathe attacks on victims following a trial. Even though a defendant may be innocent and a victim may not indeed be a “victim,” upsetting the judge is not a practical approach to achieving a favorable sentence. If you disagree with the verdict, you can state your opinion but keep it simple and avoid attacks on the prosecution, the police, and the complainant (if there is one). Instead, focus on the defendant and explain why they are a good person who is loved and supported. Tell the judge about the good things that the person has done. You can talk about the defendant’s family and the hardship that will result in the event of an overly stiff sentence. You can also address the hardship a jail or prison sentence will cause the defendant; however, proceed cautiously as the court may not be persuaded if the defendant’s situation is unrealistically dramatized. Be sincere, not melodramatic.
If the Defendant’s Driver’s License is an Issue
Whether the defendant loses their driving privileges because of a conviction might not be within the judge’s discretion. Many convictions result in an automatic license sanction, regardless of any ruling by the court. If you know of any employment consequences, such as job loss due to driver’s license problems, they should be included in the letter. The sentencing judge should know the entire situation and the defendant’s background. However, Be realistic when discussing the impact of a suspension or revocation on the defendant because melodramatic or catastrophic representations might inflame the court. Please be aware that the judge has no discretion in most cases where a driver’s license is suspended or revoked by law. If the license sanction is mandatory, it is best not to request relief in a character letter for sentencing from the judge they do not have the power to provide.
Important Things to Avoid
It is best not to suggest a specific penalty for the offense. Some judges find it imprudent when letters state that a specific sentence is appropriate. They see it as disrespectful to their authority. However, you can request that the Judge not impose a jail sentence or consider alternatives to jail (for example, a treatment program). Do not be critical of the law, the police, the prosecution, or the alleged victim (if there is one). Understandably, the defendant’s loved ones may be upset and even angry at one or more people involved in the case. However, any such attacks will appear like attacks on the system and shifting responsibility. The judge will view an attack on the system as an insult to the court. You are being asked to help the person convicted of the crime and not give a commentary or re-litigate a case. Do not say anything untruthful.
Letters Should be from a Cross-Section of a Person’s Life
It is essential to get letters from a cross-section of a person’s life when getting letters. In other words, it is better to have a character letter for sentencing from an employer, a family member, a neighbor, a friend, and an AA sponsor (if there is one) as opposed to 5 letters from only friends or only family or only co-workers. Several letters from friends or family are better than nothing for individuals with limited options. Still, letters from individuals with varying relationships can be more persuasive if there are other options. A letter from a prominent person, like a politician or law enforcement officer, will only be effective if the person knows the defendant well.
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Character references can give a sentencing court essential insight into the person they are sentencing and positively influence the judge’s sentence. Hearing from people who know the defendant is essential to give that person humanity and not be just a case number. The criminal defense lawyers with LEWIS & DICKSTEIN, P.L.L.C., have found that following these simple steps will help you write a great sentencing character letter.
Don’t forget that you should only send the letters to the defense lawyer and never directly to the judge, probation officer, or prosecutor. The defense lawyer will know how to transmit the letters for maximum impact on the court.
It’s Never Too Late to Make a Change – Until the Gavel Hits the Bench, The Sentence Can Be Reduced
If you or a loved one is facing a misdemeanor or felony charge and need someone to truly and fearlessly fight for a reduced charge or sentence, call LEWIS & DICKSTEIN, P.L.L.C., and we will promptly contact you. If you already have a lawyer but feel something doesn’t seem right or it seems something more could be done, feel free to call us for a free consultation. Our seasoned, veteran defense lawyers will take the time to talk with you, answer all of your questions, and address each of your concerns. If there is a way to help you, we will find it.
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