Character Letter for a Judge: 9 Essential Tips for an Effective Letter
Sentencing in federal criminal cases — whether they are as a result of a plea of a verdict — are set by the judge. Character letters for a judge requesting a lower sentence, are a mainstay of federal criminal cases. This is because most federal judges limit the number live witnesses, but will receive and review almost any number of support or character letters.
The Goal of a Character Letter
A character letter for a judge seeks to do several things.
Tip 1 for a Character Letter for a Judge: Establish Credibility
First, it should inform the judge how the author of the letter knows the defendant. Use the first paragraph to build credibility and answers the following questions:
- How long have you known the person?
- How did you come to know the person — professionally, through family, as a community member etc?
- If you know the person professionally, this is a good place to add your position or role that allowed you to get to know the defendant.
Tip 2 for a Character Letter for a Judge: Avoid Landmines
The 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 them” or “he plead guilty to get a better sentence and not because he was guilty.” Instead, this paragraph should include something along the lines of:
- I respect a jury has found _____ guilty of __________. I am writing to offer a more complete picture of who ________ is.
- I know ___________ has plead guilty to ___________. I am writing to offer a glimpse of who _____ is, and that is someone who is far more than the offense he/she pled guilty to.
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 for a Character Letter for a Judge: Tell a Story
You have established how you know the defendant, 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 was generous and kind-hearted. 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: Use Character Letters to Complete the Picture
Always 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 for a Character Letter to a Judge: Always Include Verifiable Information
Remember 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:
Providing the court with your contact information will make the letter easily verifiable, should the court wish to do so.
Tip 6 for a Character Letter to the Judge: Check with the Attorney
Every 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 for a Character Letter to the Judge: How to Address the Judge
You 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 for a Character Letter to the Judge: Don’t Worry about the Reference Line or Court’s Address
While 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 to the Judge: Know Your Ask
Most 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 Judge
Curious how our attorneys can help you reach your goals in a federal criminal case? Call us today at (817) 203–2220.
Originally published at Varghese Summersett PLLC | Fort Worth Criminal Defense Attorneys.