Legal Profession Character Reference
5. Character Evidence – The reference should include specific relevant examples to support each statement (if applicable). For example, if the other person is described as honest and trustworthy, it would be helpful to provide a concrete example of how that person has demonstrated in the past that they are honest and trustworthy. You should never provide information that you know to be false, and lying to the court is a crime in itself. A reference should be limited to giving positive confirmations of the accused person and should not make suggestions for the sentence that you think should be imposed on the accused. A character reference letter for the court is very important. There are templates and examples further down this page. Good character references are an important part of a lawyer`s job. Your lawyer should discuss this with you and give you advice so that you get the best possible referrals. But if they don`t help you, there is a lot of material on this page that should help you. 3.
A reference to morality shall not be critical of the law or suggest the penalty to be imposed. They should aim to present the reputation and general character of the accused in the community. Do you think it is atypical that the person committed the crime? You should also include information that is favorable to the person, including any charitable work they have done or their special achievements. In Kentucky, sentences in criminal cases are determined by a judge. If you are convicted of a crime by a jury, or if you plead guilty to a crime, a judge will consider the facts of the case and your criminal record to determine the sentence. One element that can often be useful in sentencing is a letter of character. It is often tempting for someone writing a character letter to discuss the fact that the accused is not really guilty, because it is “not as he is” because the defendant only pleaded guilty to get a better sentence, or even as the jury did wrong. This will not help the accused and may even have a negative impact on his case. Give the reference to the person who comes to court. Do it well before the trial date.
Or send it to your lawyer. You can also call the lawyer to discuss the reference. The best character references are from family or friends. The courts don`t care if the local priest sees you from time to time. The courts want a character reference for the court to deal with the question “Who are you?” in the context of the crime. A character reference letter for the court is important because it gives a direct insight into what a person is, often in a way that no lawyer – no matter how well – can explain. The judge will read the reference before deciding on the sentence. The court prosecutor will also read the reference. A character reference really helps the judge to make an impression of the accused. Although the style and content of a character reference differ according to the procedure, i.e. between a serious criminal complaint and a minor traffic offence, all character references are intended to present to the court the true personality of the accused.
The reference must be correctly addressed to the recipient. For example, a case before the Magistrates Court must be addressed to the “presiding magistrate” and indicate the place of jurisdiction. The letter must begin with “Your Honour” and be dated and signed by the author of the reference. 1. The reference to a sign must be clear and legible in order to assist the Court adequately. For this reason, it is recommended that it always be typed and not handwritten. 2. Acknowledgement of offence – A character reference must confirm that the person is aware of the offence and the circumstances in which it was committed.
A similar use or indication is not reviewed by a court. Involvement in a court case is a serious event, and therefore the tone of a character reference should reflect this by being honest and formal. Most of Steve and his family`s savings have already been spent on the victim`s hospitalization costs. He also had to request temporary leave to address all relevant legal concerns in this case. Give a brief summary of how you know the person, how long you`ve known each other, and how often you stay in touch. Are you a family member, employee, employer or friend? The longer you know the person, the more weight the dish can attach to your reference. They were asked to write a character reference for someone going to court for breaking the law. A character reference is a letter and includes your opinion about that person. Before writing a character reference letter for the court. ✓ How much is the fee? ✓ Is it a first or subsequent offence? ✓ Which court is handling the case? ✓ Who provides the character reference? ✓ Are there any positive things about the accused? ✓ How does a conviction affect the defendant`s work, family, etc.? 2. The Court is still short on time and judges/magistrates do not want to read pages of irrelevant text.
For this reason, it is recommended that the character reference does not exceed 2 pages, preferably only 1. The referee should aim to be concise and “get straight to the point”. If you`ve been asked to write a character letter, this simple template can be a helpful guide. Be specific and add details. Instead of just calling the accused good, responsible, reliable or respected in general; Give examples that show the judge or magistrate why the person fits these characterizations. Why do you say the accused is reliable? Have there been cases where the accused has clearly demonstrated a sense of responsibility? How has the person helped others? If possible, write the character reference on the official letterhead. You must also include your position or qualifications, if applicable. Start all legal references with “Your Honour”. 3. Establish a relationship – A character reference establishes the relationship between the parties by explaining the nature of the relationship and how long both parties know each other. This includes the last time both parties interacted and any previous interactions directly related to the case.
Provide this as soon as possible and in good time before the hearing date. The lawyer must first review the reference and decide whether or not to use it. When reviewing the reference, a defense attorney may also learn more about the defendant, which can be helpful in court. Indicate whether the charge is a first offence. This is very important. There is no need to write a character reference for the court that characterizes the crime as “atypical” if the defendant has already done so. Be very careful when discussing the facts of a case in detail, and if you do, be sure to first read the summary of facts that will be read to the judge or judge. First paragraph: Explain who you are. Next, explain how you know the person you`re writing the character letter for, including how long you`ve known and how well you`ve known them. Because you know what consequences a criminal sanction will have for the person.
How a certain sentence affects a defendant`s work, family, etc. should be clearly communicated in your character reference. Will the defendant lose a promising career if a conviction is imposed? Would the defendant`s family suffer if his driver`s licence were revoked and the family`s only source of income was the defendant`s profession as a driver? A judge or magistrate may take these factors into account when deciding on the appropriate sentence. Because you know that the person has positive qualities. Not everyone may know someone`s good qualities, especially the judge or judge. A character reference should convey the many positive qualities of the accused. Did the defendant work on a voluntary basis? Does the accused care for the sick? Or maybe the defendant is a coach of a junior football team and is highly admired by all members of the team. Explain this to the magistrate or judge by quoting certain details that paint a clearer picture of a person`s life. Below are some questions that the judge would normally want to know. You don`t have to answer all the questions in your reference. Only comment on the things you actually know about the person. It is important to tell the truth.
Write the character`s reference so that it is formal but speaks honestly about that person. 1. Personal data – A character reference starts with the personal data of both parties. Because you know the accused well. How you got to know the defendant should be clear in a character reference letter for the court. You don`t have to be an important person publicly. 4. Character Opinion – The body of the character reference should contain a detailed opinion of the other person. This is usually done by presenting the person`s positive personality traits, values and/or beliefs, remorse for the crime, personal circumstances that may have contributed to the crime, and the impact the crime will have on the person (it is extremely important not to shift blame for the crime committed, but it is relevant for the Court: to be aware of such circumstances. e.g.
in the case of drunk driving, in order to confirm to the Court of Justice the result of a loss of driving licence).
