Personality and character are essential in ruling a court case regardless of whether it is a criminal case or a case without charge, such as child custody cases. Therefore, character reference letters for court ought to be written by someone close to the defendant to increase the letter’s credibility. To this effect,
A Character Reference Letter will usually be written by a family member, friend, or workmate, providing details about the accused’s personality and moral qualities that can be typically influential to the case at hand.
Through the letter, the judge gets a better understanding of the accused as a person. Character reference letters are common in child custody and drunk driving (DUI) cases.
How is it Helpful?
Through a character reference letter, the judge or magistrate can understand who the defendant is from a more personal perspective based on a family member, friend, or co-worker’s account rather than basing the case purely on the offense or accusations at hand. It is best to craft the letter with the offense (charge) or case in hand in mind.
Who Can Qualify to Write it?
When selecting who can write the character reference letter, the primary consideration is if they are willing to present the defendant in a positive light. As a result, it is suitable to use someone close to the defendant for a significantly long time, such as a sibling. For example, for a DUI, having an employer or spouse write the character reference letter illustrating the significant role of the defendant at work or home. In addition, psychiatrists can write a letter for child custody if the psychiatrist holds a session with the child(ren) in the parent’s presence. Other categories of people, such as a teacher, can also write letters.
The referee is expected to be truthful with any information they present in the letter. This can be helpful if they are called to take a stand and provide additional details, which should not be contrary to the details in the letter.
Who, Why, and When?
Each character reference letter is unique to the defendant and case. The most common areas where a character reference letter is used include:
Legal case
In a case with a charge or conviction, a character reference letter can be used in an attempt to influence the court’s decision. In such a legal case, it is best to use a reputable member of the society as their character reference letter will usually have more weight in court.
If a family member writes the letter, they can include a more in-depth perspective of the probable root of the defendant’s actions and reassure the court that the defendant has a support system to facilitate their rehabilitation at home.
Child custody
In some cases of child custody, such as divorce due to personal differences, there is usually no charge against any party. For the court to determine the parent better suited to take care of the child(ren), it will usually want to know more about the parents’ personalities and attributes.
A character reference letter can then be submitted to the judge by either or both parties to persuade the judge’s verdict towards the parent being recommended. A family member or a friend will be better suited for such a character reference letter.
They can discuss how loving and caring the parent is and describe the nature of the parent with the children in question. A friend can talk about how the individual interacts with other people, the length of their friendship, and what makes the person a good friend.
DUI
Another instance where a character reference letter can be utilized is for (Driving Under the Influence) DUI cases. The letter can be submitted to the court to plead the defendant’s case. A close relative, dependent, or employer can write the reference letter for a DUI. The letter can describe the vital role of the defendant at home or work, stating how severe punishment such as detention or revocation of their driving license would negatively impact those who depend on the defendant.
Writing a Character Reference Letter for Court
Once it is clear that the defendant has some positive qualities worth bringing forth to the judge presiding over their case, a character reference can be written to get the judge to give a more lenient penalty or verdict. The letter should be prepared in a formal manner as it is a legal document. Typically, the letter will have five parts header, introduction, the body of the letter, conclusion, and sign-off.
Section 1: Header
The first item to appear on the character reference letter for court is a header that immediately communicates who sent it, when, what it is about, and to whom the letter is addressed to.
Name of the writer: The sender’s official name is necessary for the judge or magistrate to understand who they interact with. The name is vital if the court has to refer to official records.
Address: A valid physical address should be given. The address is often used for correspondence if the court wishes to respond or communicate something.
Date: A character reference letter must be dated. Dates are essential tools for referencing in law.
Subject line: A subject line that states the purpose of the letter should be supplied. For example, “Character reference Letter for John Doe.”
Case number: Each case (ongoing or completed) in a court will have a case number – a unique identification number for judges and other involved parties to identify the case and case files.
Greeting: A formal greeting to the letter’s recipient should be given in a character reference letter. The greeting should be formatted as follows; “To the Magistrate/Judge, the specific court location.” Any references to the judge or magistrate from this point should be “Your Honour.”
Section 2: Introduction
Before getting into the pertinent details of the letter, it should first introduce the author to the judge or magistrate. The details that will typically be expected in this section are the author’s name and a statement of how they are related to the defendant. The nature of the relationship should be explicit, and information such as how long the two (author and defendant) have known each can be vital in asserting the level of closeness between them.
Section 3: Body of the letter
The following section is the body of the character reference letter, which takes up the most significant portion of the document. This section should show the author’s awareness of the facts of the case, their opinion on the matter, the defendant’s character traits, and other details that can positively impact the defendant’s case. This information can be classified into the following sections within the body of the letter:
Relevant background: This section should be clear what the individual is pleading guilty to and must state the matter at hand, for example, a DUI or public misdemeanor.
Qualities of the person: The letter should then highlight the positive qualities of the person. This is information that the judge or magistrate may not have access to unless it is brought to them by the defendant and their team. Therefore, the letter can discuss any voluntary work such as commitment at a community centre, their tendency to help others, and how they relate with other people in their community. Qualities outlined in this section should be as specific as possible; use real-life examples as supporting evidence to the claims made in this section.
State if the charge is the defendant’s first offense: It should be clear if this is the defendant’s first charge for the specific offense they are being charged with. If the person had done it previously, be forthcoming and declare it as this is usually an indication that it is not “unusual” for the person to behave the way they did. Precaution should be taken when talking about previous accounts as it might impact the case negatively.
Whether the person has shown remorse: Remorse is a desirable quality for accused persons being rehabilitated. The letter must then declare that the person in question is deeply remorseful for what they did. This can be supported by mentioning initiatives or steps they have taken to correct their mistakes.
Discuss any hardships, or sacrifices faced by the person: The next part should outline the impact of the prosecution on their dependents or at work. The impacts of legal charges can vary depending on the offense and magnitude of the same. Examples of these impacts include depression, termination of employment, repentance, physical injury, etc.
Familiarity with court case: A statement of facts of the case in the letter shows the court that the letter’s author is well informed and thus increases the credibility of the letter. The letter can also highlight the consequences of the potential criminal penalty expected. These consequences can be family-related, work-related, or personal. For example, if the accused is the family’s only source of income, it should be stated how potential jail terms might cause the suffering of those who are dependent on the accused, such as losing their home, lack of tuition fees, etc.
Changes after the incident: A defendant’s actions after the offense can go a long way in convincing the judge or magistrate that they acknowledge their mistake and are willing to correct it. The letter can therefore mention these actions or changes. For example, for a DUI, the initiative could be enrolled for counseling or pay for any damages they caused while committing the offense.
Section 4: Conclusion
Afterward, a comprehensive conclusion should be provided. The conclusion can reiterate that the defendant is remorseful, and they are working to correct their mistake to ensure not to repeat the offense. The letter can also state that the author is aware of the seriousness of the crime and the dire consequences even though they are pleading on behalf of the defendant.
Section 5: Sign-off
Lastly, the letter should be signed off. Then, a complimentary close such as “Sincerely” should be provided, followed by the author’s signature, name, and contact details.
Character Reference Letter Template
Sender’s name]
Sender’s address]
Date]
[Subject line/RE, e.g., Defendant’s Name]
[Case Number]
To The Honourable Judge/Magistrate [Name of Judge]
I’m [Author’s name], a brother to [Defendant’s name]. He has been an emotional and psychological support system in our home and has always been a loving and compassionate father, brother, and uncle.
In light of the recent separation between defendant’s name] and his wife, I would love to recommend him as the principal custodian of his two children – [children’s names].
Defendant’s name] has demonstrated more than once that he is a capable parent while still working for his family. His relationship with the children is seamlessly natural, and he is an active parent with [child’s name] soccer practice and [child’s name] piano classes. He always makes it to the mentioned activities on time and is very social with other parents.
Separating [children’s names] from their father will scar his optimism and remove his ‘support system,’ as he likes to refer to the children. I believe that giving him custody of the children will be in their best interest as he lives closest to their school and most of the children’s friends.
Your Honour, I sincerely hope that this letter will favour the defendant’s case and give you more insight into who [defendant’s name] is as a person as you make your decision. Defendant’s name] has proven to be more than a capable parent over and over and an epitome of near-perfect parenthood.
[Complimentary close]
Signature]
[Author’s Name]
Character Reference Letter Sample
Jerry Smith,
621 4th Avenue,
Miami, FL 8920,
3rd October 2021
RE: Clare Higgins
Case No.: CS4429-7/21
To The Honourable Judge Paige Howard,
My name is Jerry Smith, a co-worker, and friend of Clare Higgins. I’m the HR Chairman at Biggy Bean Ltd and a supervisor to Ms. Higgins. I’ve known her for close to seven years now and have grown to be fond of her as a co-worker and friend. It is, therefore, with much delight that I’m showing my support for Higgins in getting custody of her daughter Miranda Wood.
At work, she is very organized, polite, social, and committed to her work. She is known to help out whenever she can, and we have received reports of her acts of service at the HR office. For example, last year, she volunteered to stand in for another colleague who had to take time off for maternity leave and donated half of her overtime pay to the absent colleague, which was quite surprising and impressive.
As a friend, she is very reliable and knowledgeable about parenting things. Other friends and I have more than once sought her advice on how to handle different parenting situations, where she has always been accommodating.
As a mother, she is very dedicated to the welfare of Miranda that she has had to seek permission to leave work and support her daughter at table tennis practice and other school functions. Their bond is distinguishable and evident even to strangers. I believe she is capable of being the parent Miranda needs if given custody.
I sincerely hope my letter will provide additional information to help Ms. Higgins get custody of her child. Ms. Higgins is an excellent example of a good colleague and friend, qualities she has replicated in parenthood, and I hope you take my sentiments into considerations before making your decision.
Sincerely,
Jerry Smith
Downloadable Samples
Following are free downloadable samples that be customized as per needs:
Do’s and Don’ts
Multiple things should be considered when writing a character reference letter for the court to fulfill the legality of the letter and improve its efficiency in communicating the defendant’s character to the magistrate or judge. These considerations have been categorized into do’s and don’ts.
Do’s
Below are the things that should be done if the character reference letter serves its intended purpose correctly.
- Be honest: Any information in the letter must be accurate and factual; otherwise, misrepresentation of information can be termed as misleading by the judge or court.
- Maintain a positive tone: The letter ought to highlight the defendant on a positive note. This can be done by outlining all the person’s good qualities and backing them up with specific examples where they demonstrated these qualities.
- Be brief and precise: One page will usually be enough for a character reference letter. However, the letter should be written as a formal document where the critical point is arrived at rationally and quickly.
Don’ts
The following are things to avoid when writing a character reference letter for court.
- Avoid passing personal judgment about the defendant’s guilt or innocence. The letter can, however, show acknowledgment of the seriousness of the matter at hand.
- Don’t be biased. The letter should show the author’s opinion from a neutral perspective. For example, they acknowledge the offense committed but give reasons why they believe the judge or magistrate should consider being lenient.
- Avoid critiquing the law, the judge, or the police. Instead, keep the letter professional by respecting other involved parties’ perspectives and decisions on the case at hand.
- Do not suggest to the judge or magistrate how they should sentence the person. This is deemed disrespectful to the judge’s authority in the matter.
- Avoid antagonizing the judge by using a disrespectful tone and telling them that they are wrong to prosecute the defendant.
Frequently Asked Questions
A character reference letter should be sent to the defendant or their lawyer and not directly to the judge or magistrate. Once they have reviewed the letter, they can then forward it to the judge or magistrate. Note that the letter has to be addressed to the presiding judge or magistrate and NOT the court.
The letter should be issued as early as possible before the court hearing date. Submitting it early gives the lawyer enough time to review it and gather important details about the defendant that they did not know.
