How to Write a Letter to Judge Before Sentencing (2 Samples)
Before sentencing, a criminal defendant might write a letter to the judge explaining why he or she is a nice person who deserves leniency.Â
A letter is not necessary for everyone. You should instead wait for authorization from the defendant's lawyer.Â
This should, however, only be done after a defendant has spoken with their counsel about it.Â
The letter will be entered into evidence if the council feels it will aid the defendant's case.
After you've finished writing the letter, send it to the defendant's attorney, who will determine whether or not to file it with the court.
Sentencing letter to judge examples
Greetings, Magistrate Judge!The defendant should begin this section of the letter by admitting their offence and expressing why their acts were wrong. Their remarks should be honest and heartfelt, and they should explain why they regret the crime.ÂA declaration acknowledging responsibility for the offence and the reasons for sending the letter to the judge should also be stated — a defendant should ask for a lower fine or a shorter term.If there have been any other arrests like this, they should be investigated. If none have occurred, it will be better for the defendant. If the defendant provides a statement explaining how they have changed after being hauled to court, it would also assist.They should also explain how they expect to prevent future crimes of this nature. It will also assist if the defendant makes a habit of listing any nice things they have performed in the past.This may involve three years of coaching a young soccer team or working for the Boy Scouts. It's a good idea to let the defendant know how important these responsibilities were to him. Was it a pleasure to work with the kids?The defendant should explain why a lengthy jail term will be detrimental in the concluding paragraph. This should include both personal and professional consequences. Will a lengthy prison sentence result in lost wages, job loss, and financial hardship?The defendant should thank the judge at the end of the letter and sign it underneath their printed name. Consider the following example:Thank you for taking the time to read this and for thinking about it.(Name)(Signature).
Read:— How To Write A Clemency Letter (with Sample)
How to write a letter to a judge on behalf of someone?
If you're writing a character letter for someone, keep the following suggestions in mind:
1. Write to the judge in your letter.
Do not write to "whoever it may concern" or "judge" in your letter's address. You should also refrain from writing directly to the court.
The letter should be sent to the judge who is hearing the case. The identity of the judge can be obtained from the defendant's criminal defence attorney.Â
You can also inquire about the judge presiding over the sentencing hearing by contacting the clerk of court.
2. Form a strong bond with the defendant.
You must demonstrate to the judge that you are a trustworthy witness to the defendant's character.Â
If you don't know the individual, you can't be a credible witness. As a result, you must describe how you came to know the individual.
Make a point of emphasising how long you've known the defendant and how close you are. You may provide accurate, trustworthy insight into someone's character and judgement if you have a close, extended relationship with them.
3. Tell it like it is
In your character letter, don't exaggerate or make any untrue assertions. As a character witness, you will lose credibility if you do so.Â
You might even face criminal prosecution if you purposefully mislead the court.
4. Belief in yourself.
Examine the defendant's favourable qualities. You can, for example, address the defendant's work performance if you are an employer.Â
Friends and family members may want to emphasise the defendant's contributions to community initiatives, the church, and his family.
Character letters are sent to judges, describing how amazing someone is or how honest, helpful, and trustworthy they are. A judge, on the other hand, will want detailed instances of how the person's actions display these characteristics.
Volunteering at a homeless shelter or coaching his son's little baseball team, for example, might demonstrate the defendant's commitment to his community and family. The character letter will be more effective if you can be more detailed with examples.
5. Discuss the crime.
Do not ignore the fact that the person was involved in a criminal offence. Inform the judge that you are aware that a crime has been committed and that the perpetrator has either pleaded guilty or been found guilty.
Make no excuses for the individual's actions. Instead, concentrate on the defendant's expressions of regret for the crime he or she committed.Â
If there were mitigating circumstances, you may discuss them without implying that they constitute justifications for the crime.
6. Don't make any suggestions about the crime's punishments.
A judge hates being told how to rule in a case. Avoid talking about specific criminal penalties that you think are appropriate for the crime. Instead, consider how a prospective punishment would affect the defendant's dependents.Â
A parent's ability to care for a kid or make child support payments would be harmed if he or she was sentenced to prison for a petty stealing charge. A kid whose parent is incarcerated is deprived of his or her parent's love, care, and support.
If a trustworthy employee had to go to jail, the company would be without that person. A new employee would have to be hired and trained by the business. The loss of a significant employee might harm the company.
On house arrest or in jail, a defendant who volunteers or works with community groups would be unable to do so. Make sure you concentrate on how the community functions.
How to write a letter to a judge before sentencing my son?
Date
The Honorable name OF Judge
Judge of the Local Court of the city
AddressCity, State, Zip Code
Your Name
Addresscity, State, Zip CodeDear Judge [LAST NAME OF JUDGE]:I'm writing to ask for mercy on behalf of [NAME OF CONVICTED], who was found guilty of basic assault on [DATE] and will be sentenced on [DATE]. I've worked for him at [NAME OF BUSINESS] for the past few years.I appreciate your impartiality throughout the trial and believe he was fairly convicted of Simple Assault.I'd like to point out that, even though he started the fight, he is not a violent person. His life was very stressful at the time, so he reacted by lashing out.Since their parents died in a plane crash three years ago, [NAME OF CONVICTED] is the sole supporter of his younger brother and sister.His sister fell very ill with pneumonia and had to be admitted to the hospital.He has health insurance via his job, but it was insufficient to pay all of her bills, and he was worried for her safety.Since his arrest, various members of the community have come together to provide the assistance she required, demonstrating that he is well-liked in the town. She is now completely healed.He expresses sincere regret for his actions and vows to never do so again. I trust him since I know him well, and I respectfully seek a light punishment because his family would be severely harmed if he is imprisoned.Thank you for reading my message and taking the time to respond. [PHONE NUMBER] is how you may reach me.Sincerely,[YOUR NAME][SIGNATURE]
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