As a single mother, I am responsible for my children as their father disappeared long ago and I cannot locate him. Choose your materials. When you finish the letter, you should send it to the defendant’s lawyer, who will then decide whether or not to submit it to the court. Ideally, the type size should be 13 or even 14 points. This article has been viewed 122,818 times. DO thank the Judge politely for considering the letter. - Answered by a verified Criminal Lawyer. DO NOT minimize the defendant’s guilt. There are 11 references cited in this article, which can be found at the bottom of the page. Probation officers prepare a presentence statement for judges to review in order to make better-informed sentencing guidelines for individuals. Learn in 1 day! You should also keep a copy for your own records, in case you are contacted about the letter and need to refer to it. That will win you no points with the judge. Does a Letter Before Sentencing Help? A million such letters are not likely to sway the judge one bit. DATE. In the first paragraph, explain how long you've known the defendant and your relationship. For example, you could write, “As you think about what sentence to give me, please keep in mind my desire to return to volunteering with children and my accomplishments in this field. Approved. I was unaware that as the, "Knowing what to write to the judge about getting a lesser charge or even house arrest helped. Of course, a character letter is only effective if it is well-written and helps the judge understand a fuller picture of the defendant. (Reminder: Your letter may be viewed by the defence attorney or defendant if it impacts the judge's sentencing; the defence has a right to refute your statements.) We live only twenty minutes from the local community college, which he attended briefly. In the last paragraph, the defendant should explain why an extreme prison sentence would be harmful. Type: “Thank you for taking the time to read my letter.” Then include “Sincerely,” and type your name. % of people told us that this article helped them. Sometimes my husband became violent and would break things around the house. Every defendant is a person. Last Updated: October 7, 2020 Stating your purpose clearly at the beginning of the letter also makes your letter much easier to read. Okay. Don't bother if you don't know the defendant fairly well. Highlight what support you will provide. ", "The ideas on how to get started helped. For example, you may have volunteered with children in the past. Here is the letter. I also know that he has suffered personally for his actions. A character reference letter for court should address the points the accused’s attorney wants to emphasize, such as the defendant’s positive work history or positive steps he or she has taken to achieve important goals. Without David’s $2,500 a month from his job, my family will not be able to pay our mortgage. Feel free to ask him or her what information will be presented during the sentencing hearing. For my part, I will happily give him his old job back once I know that he is out of prison for good. Here are some guidelines that will help a defendant write this type of letter. He based his estimate on the fact that he has sentenced more than 4,000 people. This article was co-authored by Clinton M. Sandvick, JD, PhD. Also, a statement should be made accepting responsibility for the crime and reasons why they are writing the letter to the judge — a defendant should ask for a lesser fine or a shorter sentence. CTRL + SPACE for auto-complete. Doctor of Law, University of Wisconsin-Madison. So many, in fact, that they can lose their potency with the Court. What if the crime is one like "resisting arrest", and I find it hard to see how it harms anyone? You want the judge to believe that the letter expresses your own ideas. Matthew and Angela will have to be placed with friends, who already have children of their own to take care of.”. We use cookies to make wikiHow great. For example, you should state, “I fully accept responsibility for my actions. Their statements should be truthful, sincere and explain why they regret committing the crime. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. In many cases, family members or friends will write a letter to a judge before sentencing, to illustrate a defendant’s character. How can I rescind the plea? Adam was an excellent worker, and we would be proud to have him rejoin our team.”. Include your email address to get a message when this question is answered. A reconsideration letter may also be written by a third party to the sentencing judge. By signing up you are agreeing to receive emails according to our privacy policy. He also didn't tell me that I was pleading guilty to the charge. DO thank the Judge politely for considering the letter. DO type the letter neatly in type that is at least 12 points. What should I expect for my child if they have no money for a lawyer but they've been accused of stealing and drug possession? This ensures that your letter fits into their defence plan and gives the defendant the best chance of success. The best person suited to write a character letter is a person who is the accused’s friend or family member. In high school, his father was laid off from work and, as a result, began drinking. If the attorney believes that it will help the defendant’s case, the letter will be … I know her to be of good character and the crime committed … Judge Bennett said that he has read somewhere between 30,000 and 40,000 character reference letters. DO type the letter neatly in type that is at least 12 points. Identify one or two situations in which you were especially kind or helpful to other people. Set up the letter exactly as the defendant would: your address, then the date two lines beneath that, then the judge’s address two lines beneath the date. This article was co-authored by Clinton M. Sandvick, JD, PhD. It should be a formal business letter and sent by registered mail with a return receipt requested. You can then explain how, once you are out of prison, you want to become a teacher or to work with children in some other way. You could say, for example, “I am Madelyn Cross, the mother of Adam Cross.”, Or, if the defendant is not a family member, you could write something like, “I am Lupita Sanchez, President of Intel Bank. You should only write a letter to a judge before a friend or family member’s sentencing if their lawyer asks you to. YOUR NAME ADDRESS CITY, STATE, ZIP CODE. DO NOT suggest that the defendant is not guilty. Now is not the time to attack the other people in the criminal justice system. On average, Judge Bennett said that defendants submit between seven and nine character reference letters. DO NOT suggest that the defendant is not guilty. Can I write a letter to the judge in hopes of having domestic violence charges dropped against my spouse? You should expect a judge to be able to see through your examples if you make them up. The Honorable NAME OF JUDGE Judge of the Local Court of CITY ADDRESS CITY, STATE, ZIP CODE. Judge Bennett said that he has read somewhere between 30,000 and 40,000 character reference letters. ", "These were great tips for a character reference letter. For example, a mother could write, “We will gladly welcome Adam back home so that he can focus on his schooling and getting his job back. Give this information its own paragraph: “My husband is also the primary breadwinner, as I stay home with my two youngest and have only been able to fit part-time work around my schedule. This article has been viewed 122,818 times. I need a sample letter to write a judge before sentencing on behalf of a family member. Ideally, the type size should be 13 or even 14 points. However, this should only be done only after a defendant discusses this action with their attorney. This type of letter usually focuses on the good character of the defendant and why the writer believes the defendant’s sentence should be reduced. In many cases, a defense attorney will encourage his or her client to write their judge before sentencing to humanize a defendant. You should keep the communication lines open with your lawyer. [DATE] Honorable Judge _____ I am writing you today before my sentencing hearing of [date], 2008.Sadly, I am asking for your leniency in sentencing me and plea that your sentence be merciful and not punitive.Please take into account what I am going to say as many lives are going to be touched and affected by your decision today. They no doubt will provide him with the emotional support that he needs. Instead of just saying “My son, Adam, is always peaceful,” you should come up with a story that illustrates his calmness. Jim loves to write, read, pedal around on his electric bike and dream of big things. This could include volunteering for the Boy Scouts or coaching a youth soccer team for three years. To, The Honourable Judge, District Court, Bhubaneswar- 751002 Odisha. Dear Judge Vikrant Kumar, I am writing this letter given the death penalty that has been passed on my dear friend Joseph Bosen. Not necessarily; an issue with substance abuse while having a mental health condition is called a co-occurring disorder. A letter of support is used in criminal proceedings by a judge to aid him in applying a justified sentence to a convicted defendant. Some defendants, however, go overboard. Will a long prison sentence result in lost income, loss of a job and hardship on a family? Writing a letter before sentencing is a way to tell a judge that the criminal defendant is a good person who deserves a light sentence. Instead he hugged his father and eventually my husband calmed down.”. Specifically, I have received treatment for my substance abuse and am making progress in getting that under control. When I think about punching the two victims outside the bar that night, I am filled with sadness and regret for what I have done.”. Can I go to jail while on home detention with more charges relating to driving and drugs? You must choose the format of your resume depending on your work and personal background. We have learned that defendants must be willing to advocate for themselves. This vivid description of the person may sometimes lead to the acquittal of the … From, Ryan Joseph 79, Ashok Nagar, Bhubaneswar- 751006 Odisha. Explain Why Extreme Sentencing Would Be Harmful. In some legal cases, it may be beneficial for a defendant to write a letter to the judge before sentencing. The best time to present your letter to the judge is when the judge calls the case; Try to make at least five copies of your letter before taking it into the court. If you are a defendant in a trial, you may want to write a letter to the judge before sentencing.Always consult with your attorney before taking any action regarding your case. Character Letter to Judge for Sentencing Type of Resume and sample, character letter to judge for sentencing. Can a charge get reduced if the charge doesn't really represent what happened? Keep your letter as concise as possible. ", defendant I can not contact the judge, my attorney does. The two would likely be considered separate in the eyes of the court, and both issues would have to be treated separately. In order to write the character reference letter for court, the following steps can be vital: The tone of the Character Reference Letter. Line everything up to the left-hand margin. I am not proud of what I have done and think every night about the victims. After you write the letter, you'll need to send it to the defendant's lawter a few weeks before the sentence hearing so they can get it to the judge. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/c\/cd\/Write-a-Letter-to-a-Judge-Before-Sentencing-Step-1.jpg\/v4-460px-Write-a-Letter-to-a-Judge-Before-Sentencing-Step-1.jpg","bigUrl":"\/images\/thumb\/c\/cd\/Write-a-Letter-to-a-Judge-Before-Sentencing-Step-1.jpg\/aid6973792-v4-728px-Write-a-Letter-to-a-Judge-Before-Sentencing-Step-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"