In court proceedings, the magistrate or judge presiding over the case often considers various factors before sentencing a defendant. These factors include; whether the defendant is a habitual offender, whether the crime is a felony or misdemeanor, and the defendant’s character.
The magistrate can deduce a defendant’s character in many ways, including studying their demeanor in court or character reference letters. One tool that the defendant and their legal team can use to help present a good picture of the moral and mental qualities of the defendant is a character reference letter to be presented in court, written by somebody who knows the defendant.
The content and tone of the letter should be formal yet persuasive enough to portray the defendant’s character. The content may change depending on the severity of the offense, but the tone should always remain formal. The letter contains information on the defendant’s character and can influence the magistrate to hand the defendant a lighter sentence.
This article discusses the character reference letter, what it should contain and how to write one.
Court Character Reference Templates
Given below are the character references for court templates that you can download for free:
What is Character Reference Letter?
A character reference letter is addressed to the court in support of a defendant in criminal proceedings.
The letter provides the court with information on the defendant’s positive attributes and circumstances, especially those surrounding the commission of the crime. They are often written by individuals, for instance, family, friends, and colleagues, who know the defendant well enough as a person to testify to their character.
The letter should contain sufficient information on the writer’s character and knowledge of the defendant. It should also state that the writer knows about the defendant’s offense and acknowledge that the reason for writing the letter is in support of the defendant.
Purpose of Writing Character Reference Letter
A character reference letter serves two primary purposes; to describe the defendant’s character and to influence the court’s decision when sentencing the defendant. First, the letter acknowledges the defendant’s guilt and informs the court that the defendant deserves leniency despite their guilt.
In most cases, the judge/court only understands the facts and evidence presented before them; the letter helps the defendant by providing insight into their character as a person and not just as a defendant.
A character reference letter can influence the court’s sentence decision; therefore, it should be comprehensive and well-written. Since it is written by an individual who knows the defendant, the court often considers the information credible and accurate. In non-violent crimes, for example, the writer may describe the defendant as a kind person and explain that at the time of committing the crime, the defendant faced challenges that contributed to the crime. A good reference will likely ensure that the court gives the defendant a more lenient sentence.
If You are Requester
Before selecting the referee, the requester should list people who can attest to their character. From the list, select individuals with an excellent societal reputation, such as teachers and community leaders. The best referees tend to be those the requester has known for a long time.
Who Can Act As a Referee
The referee can be anyone close enough to the defendant to attest to their character. In most cases, defendants select co-workers, former and current employers, family members, and close friends. In a DUI case, for example, the referee could use a colleague they have worked with for a long time or a family member that can attest to how vital the defendant is to them.
In child custody battles, people like family members who have seen the defendant’s interaction with the child can write character reference letters as they are more likely to understand the relationship between the defendant and their child.
If You are Writer
When writing the letter, the writer needs to explain how they know the accused and provide their reasons for writing it. The character reference letter should be one page long, brief and concise. Since the letter will be used as an official document, the writer should ensure it is well-written.
Information to be Included
A character reference letter could influence the court to give the defendant a fine instead of a custodial sentence; as such, it should include all the necessary information to make it comprehensive.
The following information should be included in the letter:
Introduce yourself
The writer should introduce themselves by stating their name and physical address. The information in the introduction section can help the court verify the writer’s identity. The writer should provide their occupation and title in the first paragraph.
History/relation with the defendant
The writer then should provide a brief history of their relationship with the defendant. For example, they should state whether they are family members, colleagues, or employers. In addition, they should state how long they have known the defendant. This relationship helps the court understand that the writer is a credible character referee.
Acknowledge their charges
The writer should acknowledge the defendant’s charges by restating them in the letter. For clarity, the writer should state the charges as they are written in the court file and can obtain this information from the accused’s advocate. The acknowledgment allows the court to understand that the writer understands why they are writing the letter.
Comment on whether the defendant shows remorse or regret
The writer should then state how the defendant feels about the charges and that they have shown regret or remorse for their actions. For example, the writer can note that the defendant experienced hardship that might have motivated the commission of the crime. Then they can state how they acted remorsefully and provide examples of their actions to show remorse.
For example, the writer may write that the defendant had an alcohol problem that could have led them to be charged with a DUI. They can also mention mitigating circumstances like the defendant joining an Alcoholics Anonymous program.
State your opinion of the defendant’s general character
After stating the defendant’s remorse, the writer should briefly describe the defendant’s character. Then, they should state the defendant’s positive attributes to make it more realistic. The writer should be careful not to lie to the court as it is an offense. The opinion should be based on positive attributes, not on the case’s merits. Therefore, the writer should not comment on the validity of the charges against the defendant.
Give concrete examples
After giving their opinion, the writer could give examples where the defendant participated for the benefit of society. For example, the defendant regularly volunteers at a soup kitchen or sponsors the local little league team. These examples allow the court to understand the defendant beyond the charges filed against them in court.
Identify any mitigating circumstances due to incident
Since the writer has established that they know the defendant, they could provide information on mitigating circumstances that might have led to the incident. Of course, these circumstances do not justify the defendant’s actions, but they should give the court insight into whether the actions were out of character for the defendant. For example, losing a job or loved one could have caused the defendant to commit DUI.
Conclusion
At the conclusion, the writer should restate their confidence in the defendant. They should also state that they hope the court will consider the letter when deciding. Finally, the writer should sign off appropriately by appending their signature and name.
Character Reference Letter Template
[Name]
[ Street address]
[ City, State, and zip code]
Date
RE: _______________ [Defendant’s name] CASE
To the Presiding Magistrate,
I am writing on behalf of ______________ [Defendant]. I have been close friends with ______________________ [Defendant’s name] for 15 years, and he has been courteous, kind, and respectful to my family and me. He has been an active member of our small community. Therefore, I was shocked to learn of ___________ [Offense].
I know that ________________ [Defendant’s name] has been charged with [offense]. [Defendant’s name] expressed his regret over ______________ [the offense] to me and even [State steps the defendant took] to correct his actions. ________________ [Defendant’s name] has been an upstanding community member and is ___________________ [list of positive attributes]. At the time of committing the offense, ________________ [Defendant’s name] faced _________________ [list challenges that are mitigating circumstances].
_________________ [Defendant’s name] relentlessly corrected his mistakes and continues demonstrating remorse. It is my humble request that this honourable court considers this letter in support of ____________ [defendant’s name] when deciding on sentencing.
Sincerely,
____________ [Signature]
______________ [ Printed name]
Character Reference Letter Samples
Following are the two samples of character reference letter:
Sample 1: DUI
Mercy Peters,
54764 Applewood Avenue,
234 Arizona, Ms.
June 22, 2020
RE: JOHN MATHEWS DUI CASE
The Honourable Judge Bentley Wright,
My name is Mercy Peters, and I am a teacher by profession. I am writing on behalf of John Mathew before this court for a DUI offense.
I have been John’s employer for the last five years. During that time, he has been hardworking and diligent, providing for his young family. John has worked tirelessly to provide for his family. On many occasions, he has gone above and beyond his duty by catering to clients with special needs, volunteering, and organizing fun runs for the company. However, John admitted to me that he has been having a hard time adjusting to the loss of his house and parents due to an error of judgment that turned to alcohol abuse. After the offense, John confided in me that he needed help and had joined an alcoholics anonymous program.
Even with the above issues, John has remained kind, hardworking, and supportive of his family. I hope you will consider John’s troubled circumstances and this endorsement of John’s good standing when making your decision. I appreciate your consideration.
Sincerely,
Signature,
Mercy Peters.
Sample 2: Child Custody
Rebecca Hastings,
789 Greenwood Ave,
3648 Arizona, CA
July 13, 2019
RE: AMY BROOKS CHILD CUSTODY CASE
The Honourable Judge John Reagan,
My name is Rebecca Hastings; I am a medical doctor by profession. I am writing to support Amy Brooks’ child custody case.
Amy Brooks is my friend and business partner, we established our company in 2016, and she is the Chief Executive Officer. Since I have known her, Amy has been a kind and caring mother to her two children, Kyle and Barry. She always listens to them, encourages them through their tough times, and makes and takes them to their medical appointments. In addition, Amy is financially independent; besides our company, she runs another business that is doing well; she is more than capable of catering to her children financially and emotionally.
I hope you will consider my humble opinion and award Amy Brooks custody of her two children. Thank you for your time.
Sincerely,
Signature,
Rebecca Hastings.
Tips for You
When writing the character reference letter, the writer should aim to give their opinion honestly but without seeming aggressive. The letter should convey the writer’s intent by stating the defendant’s character but should not disparage the court or negate the offense.
In writing a good reference letter, the writer can use the following tips:
Set the stage
The writer should set the stage by identifying themselves and stating their relationship to the defendant and how long they have known the defendant. If the writer knows the defendant professionally, the same should be stated.
For example:
I am John Murt’s close friend, and I have known him for 20 years since we grew up together.
Tell the story
When writing the letter, the writer should begin by stating their personal opinion on the defendant’s character. They should then acknowledge the defendant’s charges and state any mitigating circumstances for the court’s understanding. Finally, where possible, they should give examples of the defendant’s positive actions and demonstrate that the defendant is a good person.
Avoid undermining the case
The writer should avoid undermining the case by giving their opinion on the court, charges, or the crime itself. It is essential to avoid such views as they might influence the court negatively, and the letter may be disregarded.
Formatting consideration
The letter should be easy to read and provide all the necessary information. A well-formatted letter ensures that all the information is provided. The recommended font sizes are 8.5 to 11 points. The letter should usually be typed. However, handwritten notes are preferred when a child is writing a letter.
Understand a realistic outcome
The writer often requests the court for leniency at the end of the letter. In making this request, the writer should understand the weight of the charges and consider the possible sentence before making the request. Where possible, they should consult the defendant’s attorney on the expected sentences if they want to make a specific request on the sentencing decision by the court.
Make a list of the defendant’s traits
Before writing the letter, the writer should list the defendant’s traits that they want to include in the letter. The list should consist of positive and community-oriented traits. In addition, traits like generosity, kindness, and hardworking should be included and exemplified in the letter.
Use letterhead
Where possible, the writer should use letterhead if they have one; this is recommended for professionals. If the writer has no letterhead, they should indicate their name, address, and contact information in the upper left corner of the letter. Unless instructed otherwise, the letter should always be typed.
Use appropriate salutation
The writer should be sure to address the court correctly. For example, when the matter is before a magistrate, the salutation should be To the Presiding Magistrate. If the writer cannot establish the title of the judicial officer, they should consult the attorney in charge of the matter.
Use easy-to-understand English
The character reference letter should be simple and sincere; the vocabulary may make the letter seem pretentious. Therefore, the writer should avoid using complicated words where simple English can be used.
Review and edit your letter
Once the letter is complete, the writer should review it after a day and check for grammar and spelling mistakes. If possible, they can have someone else proofread the letter to identify any errors. They should also check whether the character traits they intended to include were stated in the letter.
Key Takeaways
- The character reference letter is written to support a defendant in a criminal case; intended to influence the case’s outcome.
- The overall tone of the letter should be conciliatory; the writer needs to maintain a formal tone in addressing the court.
- The writer should be someone who can vouch for the defendant’s character. In most cases, the preferred referees are the defendant’s close friends, family members, or employers.
- The writer should demonstrate that they understand the defendant and can provide for mitigating circumstances.
- The writer may exemplify some of the defendant’s winning attributes with brief positive experiences when stating mitigating circumstances.
- At the end of the letter, the writer may request leniency or a more specific sentencing outcome.