Writing a Great Sentencing Character Letter
Following a few simple rules will make it easy to write a great sentencing character letter.
When someone is in a position of being sentenced for a misdemeanor or felony offense, great sentencing character letters are often very helpful. Letters from people that know or work with the defendant can carry a substantial amount of weight with Judge who will be determining the sentence. When you are drafting a character reference, you have to include the best possible content and present the letter in the most persuasive way. The best content will stand out, be credible and be personal. The most persuasive letters will be concise, typed, dated and have a clearly identifiable author.
Avoid Generalities. Give the Person’s Character 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 to paint a credible picture, one or two brief examples of how the defendant has demonstrated the commendable character traits must be given. Use examples, illustrations and stories from your relationship with the person to help the sentencing judge learn about the “real” person. As examples: “She volunteers her time with underprivileged children teaching them to read.” “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 have an impact on the sentencing Court. As stated previously, brevity is important.
Make the Character Letter Attractive, Respectful and Easy to Read:
If you are writing the reference to a Court, the letter should be addressed to “The Honorable John Smith” or “Judge Smith” and the body of the letter should start with “Dear Judge Smith”. The letter should be typed (not everyone has legible handwriting),. If the reference is from a professional or work associate, it should be on letterhead, if possible. It should include the author’s name, address and telephone number and be no longer than one page if possible. When writing your letter be sure to include how long you have known the defendant, when you met and the nature of the relationship. Also, include that you are aware he/she is charged with the specific crime that he/she is charged with.
Send the Letters to the Defense Attorney as Soon as Possible
Send the letters ONLY TO THE DEFENSE ATTORNEY. Do not send the letters directly to the court, the prosecutor or anyone else. The defense lawyer will provide the letters to the court in the appropriate or best way. Providing a letter the day before court or on the day of court is not helpful at all and will probably mean that your letter will never be read or, worse, will irritate the judge. Any letters should be provided as much in advance of sentencing as possible.
If the Defendant was convicted by Plea of Guilty or No Contest:
Along with the personal examples discussed above, the letter should include that the person has expressed remorse for what they have done or suffered anxiety as a result of being charged with a crime – and how specifically that was observed by you. As an 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 those should be included too; however, avoid being sensational or exaggerating. Be careful not to shift the blame to something or someone else. Any loss or difficulty resulting to the defendant as a result of the offense can be addressed but you should 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:
A great sentencing reference letter in a case where a defendant was convicted at trial and maintains his or her innocence are particularly difficult. In these cases, it is often best to avoid reference to the charges and the victim (if there is one). Judges loathe attacks on victims following a trial. Even though a defendant may be innocent and a victim may not really be a “victim”, upsetting the judge is not an effective 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 or the complainant (if there is one). Try to make the focus of letters in these cases on the defendant and what a good person he or she is and what good things that person has done in his or her life. You can talk about the defendant’s family and dependents and the hardship that will result in the event of a stiff sentence. You can also address the hardship a jail or prison sentence will cause the defendant but proceed cautiously as the court may not appreciate the defendant’s situation being unrealistically dramatized.
If the Offense you are Writing the Letter and Loss of a Driver’s License is an Issue:
If the offense you are writing about has a driver license sanction that is within the discretion of the judge, include any difficulties suffered by the person because of the loss of driving privileges. If you are aware of any employment consequences, such as job loss as a result of driver license problems that should be included in the reference as well. It is important that the sentencing Judge know the entire situation for the person being sentenced. As stated previously, be realistic when discussing the impact to the defendant’s life, statements that are exaggerated will have an opposite effect.
Important things to Avoid:
It is often beset not to suggest a specific penalty for the offense. This can be interpreted as interfering with the Court. 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). It is understandable that the defendant’s loved ones may be upset and even angry at one or more of the people involved in the case but any attacks on the parties, the law or the lawyers will be perceived as an attack on the system and a shifting of responsibility. The judge will view an attack on the system as an affront to the court. You are being asked to help the person convicted of the crime, and not give a commentary. Do not say anything that is not true.
Letters Should be from a Cross-Section of a Person’s Life
When getting letters, it is important to get letters from a cross-section of a person’s life. In other words, it is better to have a letter 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. For those individuals whose options are limited, several letters from friends or family is better than nothing but if there are other options, letters from individuals with varying relationships can be very persuasive.
Perspective of a Michigan Criminal Defense Attorney
Character references can give a sentencing court a very important insight to the person they are sentencing and can positively influence the sentence imposed by the judge. The process of hearing from people that know the person being sentenced is important in order 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.
If you or a loved one is facing a misdemeanor or felony charge and you need someone to truly and fearlessly fight for a reduced charge or sentence, call LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 for a Free Consultation. When no one else can or will help, we will find a way.