Tips for Writing a character reference letter on behalf of a criminal defendant

So many times my clients ask me if having a friend, family or community member write a letter on their behalf will help their case.  Sometimes it will, sometimes it won't.  ...But in those cases where a defendant could really benefit from having the DA (while we're in plea bargain negotiations,) or the judge get a glimpse into who "they really are," there are a few things the writer can do to ensure that their letter of support is as effective as possible. 

First, understand why the letter matters. Your defense attorney is hoping to use the reference letter demonstrate that their client is a respectful person who leads a full life outside the criminal justice system. The purpose of this letter is NOT to argue that the defendant is innocent. ​

•  EXAMPLE: ​I know Alyssa has pled guilty to being drunk in public. I am writing to offer a glimpse of who she is, and that is someone who is far more than the offense she pled to. 

Second, give the reader a reason to believe that the writer actually does know the defendant is a person worthy of leniency. To do this, the writer needs to explain how he or she knows the defendant, including the context and length of their relationship, and that the writer knows the extent of the legal woes the defendant is facing. 

• EXAMPLE: I have known Alyssa for 22 years, and we met when we were freshman in our college dorm. She and her lawyers have explained to me that she faces up to a year in jail, however I hope to show you she is deserving of a much lower sentence. 

Third, don't just tell the reader that the defendant really is a good person, show them.  Give specific examples of things the defendant has done that prove to you that the defendant is a worthy person. tell a story.

• EXAMPLE: Shortly after we moved into the dorms at Cal Poly, Alyssa told me that she had noticed that one of our dormmates, Nancy, never seemed to have anyone to eat with in the dining hall.  Although we had met this girl in the weeks before and at that time Nancy hadn't stood out as a person who we would really be friends with (she was too introverted and bookish,) Alyssa urged me to reach out to Nancy, and asked me if it would be okay if we invited Nancy to eat with us the next day. Nancy was hesitant to accept at first, but Alyssa kept asking Nancy questions to try to get her to open up to us. Alyssa also told Nancy about her own personal struggles at making friends and adoption to college life, hoping to make Nancy feel more comfortable.  We learned so much about Nancy that day she soon became one of our best friends. 

Fourth, provide a way for the reader to reach out to the writer, if need be.  Although the reader will seldom ever follow up, by providing a full name, and phone number or email address, the writer is not only demonstrating that their commitment to the defendant goes beyond writing a quick letter, it also sends the message that the writer is who they say they are. 

Fifth, in almost all cases, keep the letter to less than one page.  Judges and DA's are busy people and they may not take the time to read or really consider the contents of a longer letter.  Further, by keeping the letter short, it will help the writer keep their focus concise. 

Sixth, close the letter by thanking the reader for their time.