Character Reference Letters
Character letters for court are letters written to the judge by individuals vouching for someone’s good character. This letter is intended to persuade the judge of the person’s good nature and should be short and to the point. Writing a good character letter can have a huge impact on the final judgement given by the judge. It is especially important in criminal cases where the outcome can swing either way for the defendant with a successful letter. A well-written letter can make the difference between sentencing and freedom for the person in question.
A character letter written from someone who has had a long-term, close relationship with the defendant carries more weight and influence than a letter written by a casual acquaintance. The character letter for court should include details about your relationship with the person in question , such as how long you have known them, how often you see them and what your opinion is of their character.
The letter should include details that point to specific instances of good character. For example, what kind of person is this when they help others? For instance, if you believe they are quick to help others, share your perception of their willingness to assist people. You might want to include what you’ve seen them do to volunteer their time in your community by volunteering at a homeless shelter, giving money to others in need or going out of their way to help someone. Such details give the perceptive power to the judge reading the letter, helping to paint a picture of the person and suggest they deserve judicial mercy.
Character Reference Letter Essentials
The initial portion of the letter should include an introduction and the relationship you have with the defendant. For instance:
Dear Judge _______:
My name is ______ and I am writing this character letter on behalf of __________. I have known __________ for __ years, and we became friends through ___________.
You should then include specific examples of the character traits of the defendant and how those traits influenced people around him/her, including yourself. For example:
I know that __________ made the decision to not work as a stockbroker because of the pressure it puts on a person to cut corners and lie. In my opinion, as a friend and ________ who knows that __________ did not belong to the stock broker industry, here is my account of __________ character.
You should also clarify if you are aware of the defendant’s counsel, and that there was no "coaching" prior to your letter writing.
I have not spoken to __________ about his case and have certainly not been coached on what to say in my letter. My response is solely out of concern for a dear friend of mine and I want to know that the law will be fair to him and will place no undue burden on him as a result of a mistake he made as a teenager.
Who Writes a Character Reference Letter
The most appropriate person to write a character letter for court, is someone who is familiar with the defendant, shares a close association with the defendant and has relevant knowledge of the defendant’s circumstances. For example:
- A family member
- A person who has known the defendant for a long time (i.e. since childhood)
- A person familiar with the defendant’s home environment or upbringing
- A person familiar with the defendant’s role in the community
- A medical professional who has treated the defendant
- A substance abuse professional who has treated the defendant
If you have been subpoenaed to testify in court and this is not your relationship to the defendant, we generally recommend that you not write a character letter for the defendant, as it is impossible for such a letter to carry much weight with the court.
For example, if you were referred to us by a friend of the defendant who does not know the defendant personally, upon receipt of your letter, we would have to advise them that writing the letter at this stage of the case, based on their lack of personal knowledge of the defendant, is inadvisable since the letter could hurt their friend.
The Process of Writing a Character Reference Letter
The first step in writing a successful character letter is to do your research. Try to figure out as much as you can about who is going to receive the letter – whether they are a judge or prosecutor. You can often learn about their preferences online. If you know what court is involved, you can often learn which judge is likely to preside over the matter. Before you write, it is also a good idea to try and get a sense of whether there is a litigation history in the case. If the letter writer has already written to the judge, the prosecutor may be inclined to encourage the letter writer to not write a second letter. Lawyers will often share that information with the other side if there are efforts to get the judge’s attention through character letters. So before you decide to write, check with the defendant to get a sense of what your letter may be used for.
Same with prosecutors – if you speak with the defense lawyer, you may ask whether letters have already been written. If they have, you may want to sit the second letter out.
In terms of tone, you want to keep things professional. Even if the defendant is someone you have known for many years and consider a close friend, go ahead and address the letter as Dear Mr. or Ms_____. Use their last name unless you are writing to someone you don’t know very well at all in which case you may want to keep it more formal. It is important to remember that the agencies and courts are obligated to maintain professionalism even in the most low-key of cases. It is important that you keep the same tone in your letter, even if everyone involved is close friends.
After you have established a proper tone, you want to get straight to the point of the letter. Describe your relationship to the defendant. Offer information such as how long you have been friends or how you met. Provide a brief description of how well you know the defendant. That last point is very important. Courts want to know that you are not just a passing acquaintance. If you have been friends for years, a very close friend, this is an important point of information to bring forth. Similarly, if you are writing on behalf of a colleague, you should describe the nature of the work relationship. You don’t want to suggest that the only thing that brings you together is business because it makes your claim of being a a friend altogether less plausible.
If you have any history with the defendant, you want to describe that history. For example, if you have had a number of meaningful interactions (trips, vacations, even sports leagues, etc) you should describe these interactions. You could consider sharing previous experiences you’ve had with the police, court systems, or the like. It is a great way of demonstrating that you have known the defendant for a long time and a lesser-known way of showing that you have been a good citizen.
You may also be inclined to provide information about your family, education, work history etc. For a positive character letter, this information should be provided in the service of a larger point. For example, if you have a family history of medical service, you may want to emphasize that fact to highlight that you are coming from a place that has always known the importance of serving others. This is also an example of a point that is helpful for a background check.
Given that the letter is going to be filed with the courts, or presented to the prosecutors office, you want to make sure that your grammar, spelling etc are perfect. The formatting should be business-like, with margins and the like. Do not place superfluous page breaks in the document etc. We are not trying to make the letter beautiful, but we do want it to have an appearance of solid work product.
A character reference letter should not be long. Short and sweet is ideal. 1 page is best but certainly no more than 2 pages or it will likely end up in the recycling bin. Occasionally you will be asked to write a private letter, perhaps one that will be read only by a friend. These may contain a lot of important information, but in any event when we are drafting letters to the court, we want to keep them short.
Finally, if you are writing to a court, address your letter as follows: "I am writing in support of___ who is my friend/friend with a bad character" (pick one and then explain.)
These letters should be written in pen, at home, on your own time. You should not be urged to write the letter, and the defendant should not be present while the letter is written.
Pointers for Writing Character Reference Letters
While generally it is better if a letter is hand-written, this is certainly not true given the advent of word processing and the ease that these letters can be copied and duplicated on a computer. Hand-written letters look more personal, but take longer to draft. In my experience this should not dissuade you from hand-writing the letter. In fact as long as it is not an obviously pre-drafted form, it is likely the best practice and will speak volumes to the judge about your credibility.
The most important thing to remember when writing a character letter is that you can only honestly attest to what you know about the defendant. If you are called to testify, then you will be sworn in and can be subject to cross-examination. While in general judges do not cross-examine witnesses or even allow lawyers to do so, as with any rule there are exceptions. If the judge suspects that the letter is not genuine or that the letter fails to cover up important negative facts about the defendant, the judge can always call and examine the writer .
In other words, if you were drinking with the defendant every day, even if he or she claims to be sober, you should make it clear whether you were aware that the defendant was under the influence at the time or you wouldn’t have noticed. Be honest about the defendant’s conduct. Even if you don’t believe they did it or even if they did it, speak to that. Also if you think they are guilty, you should probably not write a letter.
Additionally, if you have met the defendant since his arrest, or you have been told about the case then you should tell the court that fact. It is improper for someone who is not knowledgeable about the crime or not familiar with the defendant to use their letter to extoll the character of the individual. In other words you should know the defendant and know what he is charged with and offer opinions as to his character based on your knowledge. A judge will be receptive to character letters that are genuine and sincere.
Character Reference Letters Sample for Court
A common question we receive from people facing litigation in Georgia is how to write an effective character letter for court to support their case, or to be presented at sentencing. It helps to get a sense of what a good letter looks like. While we often format letters for our clients, below you will find a sample character letter format with some annotations and suggestions to help you start drafting your own letter.
[Your Name]
[Your Street Address]
[City, State, Zip Code]
[Date]
[Recipient Name]
[Title of the Person to Whom You are Writing]
[Department / Division / Office Name]
[Name of the Court / Tribunal / Agency / Police Department]
[Street Address]
[City, State, Zip Code]
Dear [Recipient Name],
Re: Character Reference for [NAME OR NICKNAME]
I am a [N.E., for example, Florida Bar Member, Retired School Teacher, etc.], and I am writing to you regarding [full name of the person you are writing about].
I have known [HIS / HER / THEIR] for over [XX] years as [your relationship with the person you are writing about; i.e., my close friend, my daughter, my local mechanic, etc.].
[Make your argument here. For example, "I have known Mary for five years, and comments made here today make me think that Mary’s experience was highly unusual.]"
[Provide another example that helps make your argument. For example, "Mary was really looking forward to attending nursing school. Mary has always been the first to volunteer to help someone in need. She is the type of person that you want on your team."]
I am confident that my recommendation above justifies my belief that [insert the name of the person you are writing about] is not the sort of person that would habitually come before the court for [insert whatever it is the person you are writing about did to get into trouble with the law].
Sincerely,
[Your Name]
[Your Signature]
[Your Name]
Legal Guidance and Letter Confidentiality
It is also important to ascertain whether the letter will be considered confidential or discoverable. If the letter is being used in a child custody matter, or a guardianship matter, the writer should review the legal requirements related to confidentiality. In most jurisdictions, anything written by a witness is discoverable unless otherwise agreed upon. For example, if the character letter is intended to be submitted to a child protective agency, the writer may ask that the letter not be discoverable and kept confidential. The agency may or may not agree to the request, but the party should be clear with the writer on his or her expectations.
It may also be wise to discuss the scope of the representation with the lawyer who requested the letter. For example , the lawyer may not be able to disclose if the letter will be considered confidential. If the writer decides to draft a character letter, there are still some legal issues to consider, such as the following:
The impact of a character letter on a jury trial
The admissibility of the letter into evidence
The scrupulousness of the lawyer in using the letter, including a description of any harmful language and how the lawyer intends to use the letter
A discussion about the impact of a character letter if it is discovered that the letter contains inaccurate or untimely information, or if the representative lawyer chooses not to introduce the letter at trial
If necessary, describing the effect on the character letter writer if it is discovered that the letter is on behalf of another person.