In some legal cases, it may be beneficial for a defendant to write a letter to the judge before sentencing. However, this should only be done only after a defendant discusses this action with their attorney. If the attorney believes that it will help the defendant’s case, the letter will be submitted into evidence. Here are some guidelines that will help a defendant write this type of letter.
Beginning The Letter
A defendant should remember that they are involved in a professional legal setting. When writing a letter, it should be correctly formatted. Alignment should be done on the left side by placing the address of the defendant at the top area of the letter. The date should be placed two lines down, followed by the judges name, title and address. After that, a salutation should be used that includes the title of the judge and his or her surname. For example:
(Defendant’s address)
(Date)
(Judge’s title and last name)
(Judge’s address)
Dear Magistrate Judge Garfield,
First Paragraph
In this area of the letter, the defendant should begin by admitting their crime and confessing why their actions were wrong. Their statements should be truthful, sincere and explain why they regret committing the crime. 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.
Similar Arrests And Changes Made
If any similar arrests have occurred in the past, these incidents should be addressed. Obviously, it will be better for the defendant if none have occurred. It will also help if the defendant includes a statement that explains how they have already changed since they have been taken to court. In addition, they should include an explanation that indicates how they are going to avoid committing this type of crime in the future.
Good Deeds In The Past
It will also help if the defendant list any good deeds that they have done in the past on a consistent basis. This could include volunteering for the Boy Scouts or coaching a youth soccer team for three years. It’s a good idea to explain how much these roles meant to the defendant. Was working with the kids enjoyable?
Explain Why Extreme Sentencing Would Be Harmful
In the last paragraph, the defendant should explain why an extreme prison sentence would be harmful. This should include the effects on the family as well as employment. Will a long prison sentence result in lost income, loss of a job and hardship on a family?
Ending the Letter To The Judge
At the end of the letter, the defendant should thank the judge and sign the letter below their printed name. For example:
Thank you for your time and consideration,
(Name)
(Signature)
Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!
FAQs
If you are found guilty of a crime by a jury or if you plead guilty to a criminal offense, a judge will look at the facts of the case as well as your criminal history in determining a sentence. One element that can often be helpful during sentencing is a character letter.
Will writing a letter to the judge help? ›
Writing a letter to a judge can be extremely impactful if it is written properly. Whether you are writing as a victim or on behalf of a defendant, it must be written in business-style and in a professional tone in order for the judge to take the letter seriously.
How do you write a letter to a judge before court? ›
Tips for an Effective Character Letter To a Judge in California
- Understand the Purpose of a Character Letter. ...
- Use Specific Anecdotes Over General Praise. ...
- Address the Impact on the Defendant's Support Network. ...
- Maintain Respect For the Court. ...
- Respect the Judge's Time. ...
- Align Your Expectations with Reality.
The 5 most common tips in writing an effective leniency letter to a judge include:
- write a clear introduction,
- introduce yourself and establish credibility,
- provide reasons for leniency,
- tell a story, and.
- provide contact information.
During the sentencing phase, the judge can hear testimony and read character letters from people familiar with the defendant. This letter could make a big impact on the sentence the defendant receives. An experienced criminal defense lawyer can provide effective tips on how to write a character letter for court.
How do you write a convincing letter to a judge? ›
An effective character letter to a judge can significantly affect a criminal case. It provides a deeper understanding of the defendant's character and can influence the judge's sentencing decision. Such letters should be written with sincerity, honesty, and a clear understanding of their purpose.
What to say to a judge before sentencing? ›
Don't be afraid to acknowledge the conviction. However, do not discuss the details of the offense, defend the act, or make statements of disbelief of guilt.
What happens if you write a letter to a judge? ›
Please be aware your written communication may become a part of the PUBLIC RECORD. All written information will be reviewed by the judge's judicial assistant to determine if it is appropriate for the judge's review. ALWAYS INCLUDE YOUR CASE NUMBER, THE NAMES OF THE PARTIES, AND YOUR NAME, ADDRESS AND PHONE NUMBER.
How to write to a judge for leniency? ›
Basically you would write simply what you have stated in your question; a personal account of why you are seeking leniency in his sentencing. It would also be helpful to have others write similar letters of character references for him.
What does a judge look for in a character letter? ›
More specifically, explain how you met him and how well you feel you know him. Your letter will carry more weight with the judge if you explain exactly how you have been able to form an impression about the defendant, for example, because you worked with him for several years or you have known him since childhood.
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.”
How to write a sentence modification letter? ›
How do you write a letter to a judge to reduce a sentence? The 5 most common tips in writing an effective leniency letter to a judge include: write a clear introduction, introduce yourself and establish credibility, provide reasons for leniency, tell a story, and. provide contact information.
What is a letter of support for sentencing? ›
In federal criminal cases, letters of support are letters written to the judge who will decide the defendant's sentence. They are addressed to the judge, and they ask the judge for leniency in sentencing the defendant.
What is a leniency letter for sentencing? ›
Essentially, a leniency letter is a written plea for the judge to consider a lesser sentence than they might otherwise impose. It is not meant to be a repetition of the defense case or a critique of the prosecution's case.
How do you ask for leniency in a sentence? ›
How to Ask a Judge for Leniency: Letter Before Sentencing
- 3.1 Step 1: Understand the Purpose.
- 3.2 Step 2: Use the Correct Format.
- 3.3 Step 3: Introduce Yourself and Your Relationship with the Defendant.
- 3.4 Step 4: Illustrate the Defendant's Good Character.
- 3.5 Step 5: Acknowledge the Crime.
- 3.6 Step 6: Request Leniency.
The 5 most common tips in writing an effective leniency letter to a judge include: write a clear introduction, introduce yourself and establish credibility, provide reasons for leniency, tell a story, and. provide contact information.
How do you start a sentencing letter? ›
Your letter should start with “Dear Judge (last name of the judge assigned to the case)” but you should mail, email or fax your letter to the defendant's attorney. You should not send your letter directly to the judge. It must be provided to the judge by the attorney.
