This guide is written by our criminal lawyers in Sydney and serves as a practical guide for good character letters for court. Show
If you are guilty of a criminal or traffic offence, an effective character reference letter for a Judge or Magistrate to read on sentence can significantly improve your sentence outcome. It is important to get character letters done properly. This can maximise your chances at either convincing the court to impose a non-conviction penalty, which will allow you to remain conviction free and avoid a licence disqualification if the court is convinced to impose a non-conviction Conditional Release Order or section 10 dismissal. While in more serious cases, effective character reference letters can significantly improve your chances at avoiding full-time imprisonment. An experienced criminal or traffic defence lawyer will be able to guide you in preparing the most effective good character reference letters in preparation to your sentence. General SampleTyped letterhead here i.e. KLM
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FAQ
Who can write a character reference letter?Character reference letters should come from those close to the person requiring it for court. Including, family members, friends, charity organisation, employer, work colleague and/or religious organisation. The chosen referee(s) you ask to write a character reference letter for court needs to be specifically and carefully picked who is capable of writing about the specific relevant points you want the Judge or Magistrate to consider for a better result on sentence. This will depend on a case by case basis with the type of criminal or traffic offence and the offender’s personal circumstances. If you wish to make a point about the effects of a licence disqualification on your job and family dependents who rely on your income and/or ability to drive, it’s worthwhile trying to get a character reference letter from the employer and/or family dependent to outline these points. If you wish to make a point about the impacts of a criminal conviction on your job or ability to obtain a role in your chosen field, it’s worthwhile trying to get a character reference letter from the employer or professional body that governs the particular profession outlining this. Sometimes you may have an employment contract which outlines these kinds of relevant points in its clauses. As it is often difficult to get yourself to ask or get a letter from the employer to outline these issues, it is worth checking the employment contract for this information. How many character reference letters can I use in court?While there is no specific rule, it’s recommended to use your best 2 to 4 character reference letters in court for a criminal or traffic offence. A Judge or Magistrate in court deal with many cases in a day. Court sits between 9:30am – 4pm. There is usually a morning tea break from 11:30am-12pm, and a lunch break from 1pm-2pm. A Magistrate or Judge on a day in court will have a limited period of time to spend on your sentence. This is because they are required to get through a busy list of many cases in a day. It is a difficult task to do without making mistakes. This means that it’s important to keep each character reference letter to the point, within 1 page with relevant information. Some more complex cases may need to use more character reference letters. This will really depend on the case, offence and the offender’s individual personal circumstances. It’s worthwhile getting guidance from an experienced criminal or traffic defence lawyer for guidance in this process. Is the character reference provider required to attend court?If the sentence is being heard in the Local Court, the writer of a character reference letter (‘referee’) is not generally required to attend court. If the sentence is being heard in the District or Supreme Court, the referee may be required to attend court to give evidence if the prosecution wish to ask questions arising from the contents of the letter. Sometimes the prosecutor will not require the referee to attend if a copy of the letter is forwarded to the prosecutor in advance. A more powerful way to get a Magistrate or Judge to take into account the relevant points in your case for a better sentence outcome is using affidavit(s). An affidavit is a legal document which is considered sworn evidence to reflect what is said in the character reference letter. It can allow a Judge or Magistrate to give more weight to what is said in it in the offender’s favour than a character reference letter can. Unless the prosecutor objects to the contents in the affidavit, the referee (author of the affidavit) will not normally be required to attend court to give that evidence. An experienced criminal or traffic lawyer can guide you in this process. guidance from an experienced criminal or traffic
How to start your sentence
Lastly, it’s important to ensure that each character reference letter you use in court is true and accurate before a Judge or Magistrate reads it. Providing a false character reference letter can lead to more trouble for both the referee and the offender, including criminal charges. It’s recommended to have an experience criminal or traffic lawyer to review each letter for feedback before handing the letter up in court. With over 30-years-experience, our team of criminal and traffic lawyers have consistently achieved outstanding results across all serious criminal and traffic cases, including:
How do you write a character reference letter for a judge?Tips for an Effective Character Letter for a Judge. Address Your Letter to the Judge. ... . Establish a Clear Relationship with the Defendant. ... . Be Truthful. ... . Be Positive. ... . Include a Discussion of the Crime. ... . Do Not Suggest Penalties for the Crime.. How do you end a character reference letter for court?At the end of a character letter, most writers make an “ask” of the court. This can be as simple as requesting leniency, in consideration of the defendant's exemplary history.
How do you write a positive character reference?Generally, a good character reference should include the following five pieces of information:. Start off by discussing your relationship with the applicant. ... . Establish how long you have known the applicant. ... . Talk about their positive qualities and give examples. ... . Finish with a recommendation for the position.. |