Categories: Law Insights

What Not To Include In A Character Letter For A Criminal Case

Writing a character letter for a criminal case is a serious responsibility. The goal of this letter is to help the judge understand the defendant’s true personality, values, and contributions beyond the charges they face.

Before you start writing, it’s essential to understand how to write a letter to a judge the right way. A well-written character letter should be respectful, factual, and focused on positive qualities supported by real examples.

However, many people make the mistake of including details or opinions that can harm rather than help the case. Knowing what not to include is just as important as knowing what to say. In this article, we will first understand what a character letter is, who writes it, and why it matters, and then look at what not to include when writing one.

Overview of Character Letter

What it is: A formal letter written to the court by someone who knows the defendant personally.

Who writes it? Usually written by a family member, friend, employer, teacher, or community leader.

Why it’s written: To give the judge a better understanding of the defendant’s personality, reputation, and positive traits.

Aim: To support the defendant by showing their good moral character and asking for a fair or lighter punishment.

When it is used: Commonly submitted during sentencing, bail hearings, or parole requests to help influence the court’s decision.

Things Not to Include in a Character Letter

Statements About Sentencing

Don’t: Suggest what punishment the defendant should get or tell the judge how to decide.

Why: The judge’s job is to determine the right sentence based on the law, evidence, and legal arguments. When you tell the judge what to do, it sounds disrespectful or inappropriate.

Example:

Avoid: “I think he should just get probation instead of jail time.”
Better way: “I trust the Court will consider his positive qualities and potential for change when deciding the sentence.”

Saying That the Offense Was ‘Out of Character’ (When It’s Not)

Don’t: Say the person never acts like this if they have done similar things before.

Why: Judges often have access to criminal records. If you say something false or misleading, it can damage the credibility of your letter and make it seem dishonest.

Example:

Avoid: “He has never done anything like this in his life.” (when the person has prior similar offenses)

Better way: “While he has made mistakes before, I’ve seen him take real steps to change and improve his behavior.”

Opinions on Guilt or Innocence

Don’t: Say whether you think the person is guilty or not.

Why: That’s for the court to decide based on evidence. Your role is only to talk about their character, not the crime itself.

Example:

Avoid: “I know he didn’t do it.” or “He’s innocent.”

Better way: “Regardless of the situation, I know him to be a caring and honest person who has always tried to do the right thing.”

Irrelevant Information

Don’t: Include stories or details that don’t relate to the person’s behavior or moral qualities.

Why: The judge reads many letters, so every sentence should support your main point, that the person has good character.

Example:

Avoid: “He loves playing cricket on weekends and enjoys long drives.”

Better way: “He often volunteers to coach the local cricket team, showing leadership and responsibility.”

Criticizing the Legal Process

Don’t: Blame or criticize the police, prosecution, or the court system.

Why: Judges expect respect for the justice process. Negative comments can make the letter sound biased or disrespectful.

Example:

Avoid: “The police arrested him unfairly, and the system is corrupt.”

Better way: “I understand the seriousness of this situation and appreciate the court’s time in reviewing my letter.”

Exaggeration or Dishonesty

Don’t: Overstate or make things up to make the defendant look better.

Why: If the judge feels the letter is exaggerated or untrue, it can harm the defendant’s case. Sincerity is more powerful than perfection.

Example:

Avoid: “He is the kindest, most perfect person I’ve ever met.”

Better way: “He has always shown kindness and responsibility in the time I’ve known him.”

Speculation About the Case

Don’t: Guess or make comments about what happened in the crime.

Why: You are not part of the investigation or evidence; your opinion could be inaccurate or harmful.

Example:

Avoid: “I think he was in the wrong place at the wrong time.”

Better way: “In my experience, he is a person who generally avoids trouble and treats others respectfully.”

Slang or Casual Language

Don’t: Use informal words, jokes, or text-style writing.

Why: A letter to the court is a formal document. Using casual language can make it seem like you don’t take the situation seriously.

Example:

Avoid: “Hey Judge, he’s a great guy, trust me!”

Better way: “Your Honor, I have always known him to be respectful, hardworking, and considerate.”

Key Takeaways:

1. Stay respectful and avoid telling the judge how to decide.

2. Be honest and include only relevant, truthful details.

3. Use formal, respectful language throughout the letter.

Olivia

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