How to Write a Letter to a Judge Before Sentencing

Writing a Letter as the Defendant

Talk with your lawyer. Before deciding to write a letter, you should talk to your lawyer about whether or not a letter from you will help. Technically, you cannot have communications with a judge outside court, so letters from defendants are unusual. Instead, your lawyer will argue at sentencing why you should get a light sentence. You should keep the communication lines open with your lawyer. Feel free to ask him or her what information will be presented during the sentencing hearing. At the hearing, your lawyer will argue on your behalf. If your lawyer thinks it would be helpful for you to talk at your sentencing hearing, then he or she will help you draft your remarks. Also share with your lawyer whether or not people you know are willing to come in and testify or write character reference letters on your behalf.

Open a word processing document. If you decide to write a letter, then you want to type it so that it looks professional. Set the font type and size to something readable. Times New Roman 12 point type is fairly standard.

Insert addresses. You need to write the letter like a business letter. Make sure all information is aligned to the left-hand margin. First put your complete address. Move down two lines and insert the date. Move down two more lines and insert the judge’s address. You can get this information from your lawyer.

Address the judge by name. Two lines beneath the judge’s address you will add the salutation: “Dear Judge Jones.” Make sure to use the judge’s last name. You have appeared before the judge many times and it would be rude to not know his or her name.

Accept responsibility. In the opening paragraph you need to accept responsibility for the crime. You must also express remorse and not make any excuses for your conduct. For example, you should state, “I fully accept responsibility for my actions. I am not proud of what I have done and think every night about the victims. When I think about punching the two victims outside the bar that night, I am filled with sadness and regret for what I have done.”

Address other arrests or crimes. Hopefully, this is your first offense. If not, then you will need to convince the judge that you are not a risk for re-offending should you get out of jail early after serving a light sentence. Defendants with lengthy criminal histories should expect to get the maximum sentence allowable under the law. One thing you could mention is that you now have a support system in place, which you didn’t have in place after you committed your earlier crimes. For example, you could say, “I realize that this is not my first arrest. However, I truly believe that I can turn my life around if given a chance. Specifically, I have received treatment for my substance abuse and am making progress in getting that under control. I also now have a girlfriend who provides the emotional support that I need.”

Provide examples of good deeds. You should have a couple specific examples of good deeds you have done in the past. Write about these in the third paragraph. You want to create a vivid impression of the good you are capable of. Identify one or two situations in which you were especially kind or helpful to other people. The situations have to be genuine. You should expect a judge to be able to see through your examples if you make them up. Try to connect those incidents from the past to your future. For example, you may have volunteered with children in the past. You can then explain how, once you are out of prison, you want to become a teacher or to work with children in some other way. For example, you could write, “As you think about what sentence to give me, please keep in mind my desire to return to volunteering with children and my accomplishments in this field. I remember in particular helping one student, Joseph, overcome his fear of reading….”

Explain the costs of imprisonment. You should let the judge know how being in prison will affect your family. Your family may depend on the money that you make, or you may have to take care of the children because your spouse is sick. If you are a single parent, then let the judge know that. “I especially would like probation because of my children, Matthew and Angela, who are 6 and 4. As a single mother, I am responsible for my children as their father disappeared long ago and I cannot locate him. If I am in jail, then my family will have no resources. I do not get child support, and my parents have both died. Matthew and Angela will have to be placed with friends, who already have children of their own to take care of.”

Conclude. In the last paragraph, you should thank the judge for taking the time to read the letter. You could write, “Thank you for reading my letter. I hope it has provided helpful context for understanding how a lengthy prison sentence will impact me and my family.” Add “Sincerely” two lines beneath the final paragraph and sign your name beneath in pen.

Have your lawyer review. Your lawyer will want to read the letter and make corrections or additions, so you should finish the letter as soon as possible. Your lawyer will want a perfect copy for the judge. Incorporate any suggestions and provide a clean copy to your attorney, who will then submit it into evidence.

Writing a Character Letter for a Defendant

Wait to be asked. You should only write a character letter if the defendant or the defendant’s lawyer contacts you to write one. The defendant’s lawyer will have a plan for how to effectively argue for the defendant to receive a light sentence. You don’t want your letter to undermine that plan in any way. Accordingly, you shouldn’t write a letter until the attorney says you can. If you receive permission to write, then you should start early. Try to get the letter to the lawyer a few weeks before the sentencing hearing. Ask for a deadline and commit to finishing the letter before then.

Use letterhead, if available. If you are a professional, then you can use your own letterhead. Otherwise, you can print the letter off on regular paper, but be sure to have your address included. You can insert your address in a left-justified block just above the date. Set up the letter exactly as the defendant would: your address, then the date two lines beneath that, then the judge’s address two lines beneath the date. Line everything up to the left-hand margin. Do not use the lawyer’s letterhead. This will make it look like you had the lawyer draft the letter for you to sign. You want the judge to believe that the letter expresses your own ideas.

Introduce yourself. In the first paragraph, you should explain who you are and your relationship to the defendant. Also tell the judge your profession and how long you have known the defendant. You could say, for example, “I am Madelyn Cross, the mother of Adam Cross.” Or, if the defendant is not a family member, you could write something like, “I am Lupita Sanchez, President of Intel Bank. I have known Adam Cross, a teller at my bank, since October 2012 when he came to work for us.”

Briefly summarize the crime. In the second paragraph, you should state that you are aware of the crime. Also briefly summarize the charges. You want the judge to know that you are writing the letter with full knowledge that the defendant has been charged with a crime. For example, you could write, “I am aware of the events surrounding Adam’s arrest for assault and battery. I also know that he has suffered personally for his actions. We had to let him go from his job because of the time he spent in prison waiting for trial.”

Describe the defendant. You can spend one or two paragraphs describing the defendant. Instead of being general, you should try to come up with anecdotes that reveal the defendant’s character traits. For example, you might want to emphasize that your son’s violent outbursts were unusual because he is normally peaceful. Instead of just saying “My son, Adam, is always peaceful,” you should come up with a story that illustrates his calmness. For example, you could write, “I was surprised by Adam’s arrest for assault, because he has always been a peaceful person. In high school, his father was laid off from work and, as a result, began drinking. Sometimes my husband became violent and would break things around the house. One time he even threw a vase at me. Adam always intervened, but he did so in a way that projected calmness. When his father hit him once, he didn’t strike back. Instead he hugged his father and eventually my husband calmed down.”

Emphasize the defendant’s support system. If the defendant is given probation, then he or she will be released back out to the general population without spending time in jail. A judge will want to know that the defendant is a good bet not to commit more offenses. In a separate paragraph, you should emphasize how much support the defendant will have outside prison. Highlight what support you will provide. Also talk about any other support that you are aware of. For example, a mother could write, “We will gladly welcome Adam back home so that he can focus on his schooling and getting his job back. We live only twenty minutes from the local community college, which he attended briefly. I also know that his job at the bank is waiting for him, and we will do everything we can to make sure that he succeeds.” If you are not a family member, then you could type, “I know that Adam comes from a loving family, which I have met briefly on a few occasions. They no doubt will provide him with the emotional support that he needs. For my part, I will happily give him his old job back once I know that he is out of prison for good. Adam was an excellent worker, and we would be proud to have him rejoin our team.”

Avoid minimizing the defendant’s guilt. Although you can certainly talk about how the defendant’s criminal actions were unusual or atypical for him or her, you should not minimize the defendant’s culpability. Don’t blame anyone else for the crime. Also avoid making negative comments about the police, judge, or the prosecutor. Now is not the time to attack the other people in the criminal justice system. You also shouldn’t comment about the unfairness of the trial or the criminal justice system in general. That will win you no points with the judge.

Discuss the effects imprisonment will have. If you are the defendant’s spouse or child, you should talk freely about how much you rely on the defendant. For example, you could state how much you rely on the defendant’s income and what losing that income would do to your family. Give this information its own paragraph: “My husband is also the primary breadwinner, as I stay home with my two youngest and have only been able to fit part-time work around my schedule. Without David’s $2,500 a month from his job, my family will not be able to pay our mortgage. Instead, we will have to support ourselves solely on my part-time wages, which only cover groceries and medical care. Because my family lives across the country, my children and I will probably have to move into a shelter.”

Conclude by thanking the judge. In the final paragraph, you can thank the judge for reading your letter. Make sure not to insert any request for a specific sentence. The purpose of the letter is instead to shed light on the defendant’s character. Type: “Thank you for taking the time to read my letter.” Then include “Sincerely,” and type your name. Sign with a pen.

Mail the letter to the attorney. You should not send the letter directly to the judge. Instead, the defendant’s attorney will want to read the letter and decide if it is helpful. If not, then the lawyer will not send it on to the judge. You should also keep a copy for your own records, in case you are contacted about the letter and need to refer to it.