Character Letters for Judge.

A character letter is a written statement that is submitted by a defendant’s family members, employers, coworkers, friends, or others to assist with a defendant’s case in a federal or state criminal proceeding. While character letters are most often referred to and used during sentencing, they can play an important role in any stage of a criminal proceeding. Character letters may also help support:

• Bail Hearings: While often submitted prior to sentencing, character letters can provide important context at this stage as well. For example, a letter that explains a defendant’s ties to the community or current efforts to overcome an addiction may help demonstrate that a defendant is eligible for bail and that a safe return to the community is likely.
• Plea Negotiations: While generally not as influential as during sentencing, character letters may also play a role during the plea negotiation process. They may show the prosecutor that a defendant feels remorse for their actions or that the defendant is willing to accept responsibility for their alleged criminal conduct. They can also show the prosecutor that the defendant has a strong support system in place as well as the resources to make restitution for their actions as appropriate.
• Diversion: As a result of positive character letters, sometimes judges will allow defendants to enter a diversion program. Diversion is an alternative to the traditional criminal justice process that focuses on rehabilitation rather than on custodial sentencing.
• Pre-Filing Advocacy: This is a method of defense focused on convincing the United States Department of Justice (DOJ) to decline prosecution. Letters showing a defendant’s remorse, contributions to the community, and support system may help show the DOJ that criminal prosecution is not in the public interest.
• Sentencing: While the U.S. Sentencing Guidelines continue to play a role in federal sentencing, federal judges maintain considerable discretion when determining sentences. Federal sentencing guidelines establish ranges and provide some guidance, but the governing law also permits judges to impose sentences below these ranges, subject to various requirements and limits.

How Should a Writer Connect Firsthand Knowledge to Rehabilitation?

Once a writer establishes his, her, or their relationship to the defendant and how long he, she, or they have known him, she, he, or they should promptly move on to addressing the defendant’s character. When writing a character letter for a judge, a writer should support his, her, or their claims with specific examples from their firsthand experience. Observed and specific examples of a defendant’s positive character tend to carry more weight than lists of positive adjectives. For example, positive examples could include kindness, reliability, leadership, family responsibilities, community contributions, or the defendant’s abilities as a parent, employee, or student. A writer may use these examples in connection with the defendant’s life before and after the offense (i.e., before and after the offense was charged) depending on the desired purpose of the letter.

Discussing Remorse and Personal Growth

If used for sentencing, character letters may also address the defendant’s remorse, personal growth, or rehabilitation after the offense (i.e., after the offense was charged) by detailing the writer’s firsthand observations of the defendant’s attempts to make amends. Examples may include:

• Discussion and expression of remorse
• Sobriety and efforts to recover from addiction
• Therapeutic treatment and counseling
• Community service or charity work
• Professional training or educational pursuit
• Professional or academic improvement

Discussing Personal Challenges, Hardship, and Trauma

Family members, in particular, have the opportunity to share information with the court that may not otherwise be available. This information includes, but is not limited to:

• Family relationship dynamics
• Past trauma or abuse
• Struggles with addiction or mental illness
• Serious financial hardships

While these examples may be relevant and potentially influential to a federal judge, writers must be careful to focus on the defendant rather than deflect blame. The goal is to help a judge understand the context behind the offense to help formulate a fair sentence, but the context should not overshadow the defendant’s actions. If necessary, a defendant’s attorney can guide a writer to ensure that his, her, or their personal contributions are effective without undermining the defense’s efforts to protect the defendant.

With this insight, a writer can craft a well-informed character letter. A writer should also be careful to remain truthful, deferential, and grateful for the judge’s review of the letter. Respecting the court’s procedures and limits can help ensure that the defendant’s personal story has an impact without making a judge feel that the defendant or the writer is overstepping.

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Which Statements Can Make a Federal Character Letter Backfire?

While a well-crafted character letter can provide insight and support, a poorly written one can do more harm than good. To avoid unintended negative consequences, writers should be aware of several common pitfalls when submitting a character letter in a federal criminal proceeding:

• Ignoring the Offense entirely, Although it may be uncomfortable to address the illegal conduct, failing to acknowledge the offense can make a defendant appear indifferent. However, a writer must avoid being overcritical in the process.
• Denial of Responsibility, The defendant should not deny responsibility if they pleaded guilty or were convicted of the underlying offense. This approach is contrary to the purpose of character letters as it can undermine the defendant’s claims of remorse.
• Attacks on the Victim, Jury, or Court System, Attack letters can have adverse effects, as they can make the writer appear defensive or hostile. They can also make a judge feel that the defendant does not respect the judicial process.
• Minimizing the Offense, Minimizing the offense, through dismissal, excuse, or justification, will erode the writer’s credibility. Instead, writers should focus on the defendant’s life and background, as that information will likely help in providing the judge with necessary context.
• Relitigating the Underlying Case, While discussing the underlying case may be necessary to understand the defendant’s background, relitigating the case in a character letter is inconsistent with a character letter’s intended purpose. Again, the focus should remain on the defendant’s life and character rather than arguing a legal point.
• Using Formulaic or Copied Content, Copying a sample character letter or using a formula can make a character letter appear untruthful or lack authenticity. In order to maximize its ability to be a useful tool, it needs to sound and feel personal.
• Inaccuracy or Unsupported Assertions, The writer should ensure that every factual assertion in the character letter is truthful. The information should come from his, her, or their firsthand knowledge of the defendant’s character, background, and personal life. If the writer wants to support an assertion with personal information from the defendant’s life, this information should also be provided in the letter.

Our attorneys provide character letter guidance and can help writers ensure that they do not make mistakes with their character letters. Even when including content that may seem obvious, a double check will ensure that the content is not interpreted as denying responsibility, being too aggressive, or minimizing the offense. The ultimate goal is to help the defendant’s personal story be heard in the courtroom in a manner that is respectful of the process while still compelling.

What Does Defense Counsel Need Before Filing a Federal Character Letter?

Before Defense Counsel files a character letter in federal court, the writer should ensure the letter is complete, including the writer’s name and contact information at the top of the letter. The letter should also be signed and dated, and it should not exceed two pages in length. Defense counsel typically collects character letters and gives the defendant time to review them for accuracy before presenting them to the court.

One question regarding character letters is whether there is a limit to the number of character letters a federal judge is willing to review. Generally, there is no bright-line rule, but too many character letters may undermine the desired effect. This is especially true if many of the letters are vague, repetitious, or not personal, as in the case with copied or formulaic letters.

How Many Character Letters Should I Submit?

The optimal number of character letters depends on several factors, including the defendant’s level of community involvement, family situation, and the offenses involved. When reviewing with defense counsel, it will be important to take into account the defendant’s background and the intended purpose of the letter to determine an appropriate number of letters. While a writer may not understand the potential impact of multiple letters, they may be able to help a defendant’s attorney determine if the amount of letters is appropriate based on the defendant’s ties to the community, family and personal relationships, and level of professional success. When deciding on how many character letters to submit, it will also be important to ensure that each letter contains a distinct viewpoint and adds a personal dimension.

Talk It Through With a Lawyer

Every case turns on its own facts. Todd Spodek is the managing partner of Spodek Law Group, a second generation firm his father opened in 1976, and the firm takes federal criminal and white collar matters nationwide. Call 888 348 8028 to talk it through.