Character Letters for Federal Sentencing: What to Write, What to Cut.

What belongs in a sentencing character letter?

At Spodek Law Group, we view federal sentencing character letters as vital tools for enhancing the sentencing presentation. Our defense counsel uses these letters to help present the defendant in the most positive light possible, ensuring that they are seen as individuals with multifaceted lives and characters, rather than being defined solely by their charged offense.

How long is too long?

While longer sentencing character letters can allow for more detailed and vivid descriptions of the defendant, there is a practical limit. The U.S. Probation Office’s Pre-sentence Investigation Report (PSIR) will contain its own account of the defendant’s history and character. If a character letter becomes so lengthy that it competes with the PSIR, it may lose its effectiveness. In such cases, concise and impactful content is often more beneficial.

What makes a sentencing character letter credible?

A sentencing character letter’s credibility depends heavily on the relationship between the writer and the defendant. For family members, the letter must be carefully crafted to avoid appearing overly self-serving. For business associates, clearly stating the nature and duration of their relationship is key.

Credibility is also tied to the writer’s actual knowledge and firsthand experience with the defendant. A writer who knows the defendant well will provide insights that are far more persuasive and valuable than those from someone with limited interaction.

What are examples of sentencing character letters that make an impact?

The most impactful sentencing character letters are those that move beyond adjectives. Instead of just calling someone “loyal” or “honest,” a writer should provide specific, firsthand examples of these traits in action. These concrete anecdotes make the claims authentic and memorable.

Can you acknowledge a crime in a character letter?

Yes, acknowledging the crime can be a highly effective strategy. It can serve as a starting point to explain how the offense is inconsistent with the defendant’s true nature and character, thereby framing the incident as an aberration rather than a pattern of behavior.

Can you dispute a crime in a character letter?

Generally, disputing a crime in a sentencing character letter is counterproductive, especially after a plea agreement. Doing so can undermine the letter’s purpose and potentially negatively influence the sentencing outcome. Even when disputing guilt is the right legal strategy for a trial, that argument is typically better reserved for the courtroom rather than the character letter.

Which writers can supply firsthand mitigation without duplicating one another?

As we explained above, when multiple people write on behalf of the defendant, they have the ability to address distinct areas of the defendant’s life. In addition to stating the nature of their relationship with the defendant, potential writers can address the following:

Family Members, Friends, Longtime Acquaintances

Family members, close friends, and longtime acquaintances are best suited to speak to the defendant’s true nature, the quality of their personal relationships, and their vital role within the family. This is where firsthand knowledge of the defendant’s history is especially invaluable. These writers can describe the defendant’s upbringing, including circumstances involving trauma, abuse, addiction, extreme poverty, or other hardships, and explain how such history informs the defendant’s current situation and character.

Supervisors, Co-workers, Business Associates, Other Colleagues

Supervisors, co-workers, business associates, and other professional contacts can help paint a clear picture of the defendant’s professional standing. Their letters can focus on aspects of the defendant’s reliability, productivity, leadership potential, and general workplace behavior. This information is essential for evaluating the defendant’s character and their potential for future societal contribution.

Community Members, Mentors, Teachers, Coaches, Clergy Members

Community members, mentors, teachers, coaches, and clergy members can attest to the defendant’s sustained community relationships and roles. Their unique perspectives provide insights into the defendant’s reputation, personal conduct, and positive contributions, helping to broaden the court’s understanding of the defendant beyond the scope of the allegations.

Remorse and Atonement

Remorse is most persuasive when substantiated with concrete examples of behavior or changes in conduct. Rather than stating “the defendant is remorseful,” writers can describe specific actions that demonstrate this, such as attempts to rectify a wrong, initiating community service, or other tangible steps toward atonement. Evidence of genuine remorse is an extremely powerful mitigatory factor during sentencing.

How does federal sentencing law place a character letter in context?

The Statutory framework

Two key statutes provide a broad framework for federal sentencing:

Factors Governing Sentencing Decisions (18 U.S.C. § 3553(a))

18 U.S.C. § 3553(a) provides a list of seven factors that judges are required to consider. The defendant’s history and characteristics are listed among the factors under § 3553(a)(1). Here, “nature and circumstances of the offense and the history and characteristics of the defendant” are listed side-by-side as critical inputs. While § 3553(a)(1) provides general grounds for considering character, it doesn’t say anything specific about providing character letters or any other type of evidence for mitigating sentencing.

Consideration of Character, Background, Conduct, and Other Information (18 U.S.C. § 3661)

While § 3553(a)(1) establishes character as a sentencing factor, a separate statute, 18 U.S.C. § 3661, explicitly authorizes the court to consider background, character, and conduct information. Importantly, § 3661 provides that no limitation shall be placed on information concerning a convicted person’s background, character, and conduct that a federal court may receive and consider when imposing an appropriate sentence.

Character Evidence vs. Mitigation Evidence

When defense counsel discusses a sentencing case, we make a crucial distinction between character and mitigation evidence.

A Sentencing Argument

A sentencing argument is a proposal that applies facts and law toward a sentencing outcome. The specific formula is (a) character evidence (the defendant’s general nature) + (b) mitigation evidence (the circumstances that inform how much punishment would be just) x (c) the applicable federal sentencing laws = (d) a proposed sentencing outcome.

The Federal Rules of Evidence during Sentencing

The Federal Rules of Evidence establish criteria for the admissibility of evidence in federal court. While applicable during trial, the Federal Rules of Evidence do not generally apply during the sentencing process. This opens the door to including a wide range of character evidence in a sentencing character letter that might otherwise be inadmissible under the Federal Rules of Evidence.

At Spodek Law Group the strategy on a case starts the same day the client calls.

When does counsel route a letter through the federal sentencing process?

At Spodek Law Group, when we defend our clients through the federal sentencing process, we frequently work closely with their families, business associates, and community members to help generate character letters. We will generally have a request for character letters drafted, reviewed, and sent to these potential writers on behalf of the defendant.

We begin collecting character letters early in the process for two reasons. First, this gives us time to identify harmful statements and help writers edit accordingly. Second, it allows us more time to compile a comprehensive collection of materials before organizing them to fit the desired narrative.

We will select a few of these letters and include them within our client’s sentencing or mitigation presentation. Along with a cover letter, these materials may include a professional-style video or digital storytelling presentation. Our goal is to offer our clients’ sentencing judges a focused yet vivid perspective on our clients that transcends the allegations and charges in their case.

A common question with respect to sentencing character letters is whether writers can mail or email the letters directly to the federal court. The answer to that is “no.” Not only will federal judges expect to review letters as part of a sentencing or mitigation presentation, but federal districts can also impose their own rules and procedures for sentencing submissions and courtroom communication.

Furthermore, sending private communications to a sentencing judge can create ex parte issues, and they will likely decline to accept information given to them outside the official court record. In each instance, a character letter should be carefully reviewed and included in the appropriate presentation by the defendant’s federal criminal defense counsel.

What privacy, verification, and sentence-request limits should a letter respect?

Making Specific Sentencing Requests

If a sentencing character letter is to include a specific sentencing request, it should be one that reflects any applicable sentencing limits and is realistic based on the relevant facts and circumstances. As with other aspects of a character letter, a request for a specific outcome is more likely to be successful when it is the result of informed judgment by experienced counsel.

Identifying the Writer

Generally, sentencing character letters should be signed and dated, and they should include the writer’s name, title, occupation, phone number, and email address. This allows the writer’s identity and account to be verified if necessary. If a writer is concerned about privacy or doesn’t want their identity disclosed, this is a concern for defense counsel to evaluate in light of all other circumstances.

Avoiding Disputed Factual Claims

In addition to avoiding disputed allegations and unfounded claims of guilt, sentencing character letters should also avoid making disputed factual claims that the writer cannot personally support. Factual claims that are not firsthand and that contradict the government’s presentation can create doubts about the letter’s reliability. Even when a character letter includes information that is likely to be helpful, the risk of making claims that may ultimately be proven wrong is one that warrants a cautious approach.

Protecting Unnecessary Privacy

Sentencing character letters should also avoid including information and claims that are unnecessary to explaining the defendant’s character or the relevant mitigating circumstances. A writer should avoid including details suchs as the defendant’s address, account, or telephone number, and should avoid including personal and sensitive information that could adversely impact the defendant’s or the writer’s privacy or reputation.

Speak With a Federal Defense Lawyer

If you are dealing with any part of what this article describes, the next step is a conversation with a lawyer who handles these cases. Spodek Law Group is a second generation criminal defense firm practicing since 1976, representing clients nationwide from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028 to speak with our team.