what type of affidavit is best for character reference to judge in likely dismissal
A character reference letter for court should accost the points the defendant'southward attorney wants to emphasize, such as the accused's positive piece of work history or positive steps he or she has taken to reach of import goals.
The most common reason to request that others write graphic symbol reference letters is to mitigate sentencing in a criminal case. When you or someone you care about is facing criminal charges, information technology'south of import to get all the back up you tin. Graphic symbol reference letters are often very important bear witness for y'all.
If you accept questions about writing a character reference alphabetic character for court for a defendant, or if you're a defendant in a criminal case, this post is for you.
Is someone you lot know facing criminal charges in Texas?
Contact Matthew Sharp for assistance writing a character reference letter »
Who Should Write a Character Letter of Reference for Court?
A character reference letter doesn't need to be from a high-profile or otherwise "important" individual. A spouse, kid, work colleague, or friend can write an constructive character letter reference on the defendant's behalf. In fact, it'due south beneficial to inquire for character reference letters from anyone with positive and useful comments.
Graphic symbol reference letters may exist used to explicate the defendant's aspirations and goals to the judge. Graphic symbol references helps to introduce the person, rather than the person's alleged offenses, to the courtroom.
What are the Essential Elements of a Character Reference Letter for Courtroom?
Include the following tips in a character reference for court:
- Address the letter to the sentencing estimate. Brand certain that the judge's name is correctly spelled. Don't accost a letter "To Whom Information technology May Concern."
- Explain your understanding of the defendant'due south charges. If he is pleading guilty to the charges, write something like "I understand that Mary Jones is pleading guilty to drunk driving charges." The approximate will understand why y'all're writing a character reference for the court.
- Larn if the accused has been convicted of this criminal criminal offense in the by. Logically, there'southward no reason to fence that Mary Jones's drunkard driving offense is out of character if she has a prior DWI conviction. Don't argue the facts of the case. Focus instead on Mary Jones's positive attributes.
- Annotation how long you've known this person. Past explaining how long y'all've known Mary Jones, you can say you've known them long plenty to see positive changes. For instance, "I've known Mary Jones since she was 13 years old. She baby sat my children. She tutored three of my children in math. Subsequently she graduated from college, I employed Mary at my firm. Although Mary has had a difficult time considering of her husband'southward illness these past four years, she's profoundly matured in the past six months."
- Provide details in the character reference for courtroom. Yous could write "I've known Mary for two years. She's a very kind person." Withal, it's improve to write, "I've known Mary Jones for 2 years. She is the neighbor of my disabled son and helps him in and so many ways. She'due south generous with her fourth dimension. I can honestly say that Mary is one of the kindest people I've ever known." Realize that the judge reading the graphic symbol reference letter of the alphabet won't automatically associate "Mary" with the defendant, Mary Jones. Explain the private you're writing nearly in detail.
- Share information about how you know the private. This may help the guess to appraise how much value to give to your character reference. Be scrupulously honest in your character reference. Ready to exist deposed as a character witness if necessary.
- Offer an opinion of the individual's personality. Explain what you truly think of Mary Jones. Cite Mary Jones's positive qualities you'd want to share with the judge if you were discussing Mary with him face up to face.
- Add other positive facts most the private's behavior, work, or activities. If Mary Jones looks after sick people, works as a volunteer, teaches Sunday School or coaches the girls' softball team, provide these facts in the grapheme reference letter. Similar all people, Mary has some fine qualities. Information technology'southward your task to explain these to the judge.
- Ask about how or if the conviction will touch the individual's work. In this example, you're Mary Jones's employer. Express your concerns about how to help Mary keep her job. If she can't drive, she tin't operate a company car. What alternatives are possible under the circumstances? Loss of Mary's driver'due south license will be very hard. Are you willing to pay for Mary to nourish an in-patient alcohol rehabilitation center?
- Include any other relevant details. Include more than positive data about Mary, such as "Mary Jones lost her husband to a long illness quite recently. She was the family unit'southward sole support for more than four years. She realizes the importance of regaining sobriety and responsibleness. She regularly attends Alcoholics Bearding meetings now.
- Sign and date the graphic symbol reference letter of the alphabet for court. Provide your contact details. Invite the recipient of the character reference letter to contact you for more data.
- Transport the character reference letter of the alphabet to the defendant'southward attorney earlier it's required. Get the letter to Mary Jones's lawyer earlier he needs it. Your letter may provide useful data to Mary's attorney well-nigh his customer. It's e'er a skilful idea to give the lawyer fourth dimension to review the graphic symbol reference letter before sending it to the guess.
- Avoid discussing any potential punishment or penalization for the defendant. Leave these considerations to the courtroom.
- Put the character reference letter for court on letterhead when possible. Every bit Mary Jones'due south employer, write the letter of the alphabet on business letterhead. This gives weight to the content of the letter.
- Don't re-create a grapheme reference form letter. Personalize your reference letter to the guess.
How Many Character References for Court Should the Accused Go?
There's no required number. Typically, the more than character reference letters you receive for courtroom, the better.
Your criminal defense attorney can always select the best messages to nowadays if the guess is pressed for time.
When Should the Accused Request Character Reference Messages for Courtroom?
Character reference letters are ofttimes about successful for the get-go-fourth dimension offender or when the defendant isn't guilty.
All character reference letters must include 1) the author's full name, 2) his or her relationship to the defendant, 3) the period of time the author has known the accused, four) the writer'due south cognition nigh the accused's character, and 5) positive attributes of his or her graphic symbol.
If the author of a character reference alphabetic character truly believes that the defendant isn't guilty, he or she should mention that the offense the defendant is facing is out of character. For instance, if Mary Jones never drinks and hasn't been seen drunk, it'south out of grapheme for Mary Jones to be accused of drunk driving.
Contact Houston criminal defense force attorney Matthew Sharp for help »
Why Must I Asking Grapheme Reference Messages for Court?
If the accused pleads guilty or is constitute guilty of an law-breaking, character reference letters from his or her relatives, employers, and friends can be helpful. Many potent messages of personal support may sway the judge to sentence at the lower tier of the sentencing guidelines range.
In addition to the character reference letters of back up, upwards to 3 character witnesses may accost the court at the sentencing hearing. Discuss the matter of grapheme witnesses with your criminal defense lawyer.
Contact an Experienced Texas Criminal Defence Attorney
Graphic symbol reference letters for court may be an of import cistron in mitigating an offender's sentence. They can also help the courtroom to ameliorate view the private on trial.
If you or someone you care virtually is facing a serious criminal charge, y'all need a knowledgeable Texas criminal defence attorney. He volition employ the facts of your case to create a custom defence strategy.
Call The Police force Office of Matthew D. Sharp in Houston at 713-868-6100 to schedule an initial case consultation now.
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Source: https://sharpcriminalattorney.com/blog/criminal-law/writing-character-reference-letter/
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