Character reference letters can play an important role in defending a criminal case. While “character” is normally not at issue in a jury trial, questions character and conduct arise in the context of negotiations, sentencing, and general mitigation.
Generally, these letters should be presented first to your defense attorney to review before anything is submitted to the prosecutor or to the court. Your attorney can help ensure that the letters are presented in a way and at a time that will be most beneficial to your case.
Getting Good Character Reference Letters
There is no script or formula for a good character reference letter. The following bullet points are intended only as an outline of some ideas for writers to consider as they prepare their letters.
- Who is writing?
- How do they know you (including what context and how long)?
- Are they aware of your pending criminal case?
- If so, a brief acknowledgment of the charges is usually all that is needed. (Examples – “I am aware that John was recently arrested.” or “I know about the criminal charges that Jane is currently facing.”)
- This is not a place to debate the merits or strength of the prosecutor’s case or to complain about police conduct.
- What is the writer’s general impression of you as a person or of your character?
- Are there specific positive activities, accomplishments, or involvements they are aware of that demonstrate good character?
- Have they observed anything about your conduct or character that gives them reason to believe that you are moving in a positive direction or that you are committed to making positive changes?
- Try to hit the high points in the first half page, and try to keep the entire letter under a page in length.
- Often, short letters can carry the most weight.
Potential writers can include close friends, employers, co-workers, therapists, community leaders, religious leaders, and family members (parents, spouse, siblings, adult children, etc). Talk with your attorney about your specific case and who might be able to provide the best letters for you.
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NOTE: This information is general in nature and should not be treated as legal advice. If you are facing criminal charges, there are many variables that can affect what strategy may be best in defending your case. Each criminal case is unique, and what works well in one case may not be beneficial in another case. Consultation with an attorney is strongly advised