writing a character reference for someone due in court?

Question

A family friend is due in court and i have been asked to provide a good character reference for him. What sort of things should i put in there? And only sensible answers please

he is going to be pleading guilty so it is just to show the judge he is usually of good character and this was a very stupid mistake

Answer 1

Actually, there are plenty of jurisdictions in which your letter would be admissible. We allow them all the time, they speak to the character of the defendant and are often an important consideration during sentencing. The bottom line is - if you can't provide reliable information, don't write the letter. However, if you CAN honestly say that hes a decent guy and made a mistake, heres what you need to say:
-I've known X for Y years, our relationship is Z.
-He has always proven to be a good friend, an honest person, and an upstanding member of the community.
-He is a member of X organizations, contributes to Y charities, and goes to Z church/synagogue/mosque.
-He has kids, a wife, a dog, whatever, that he cares for and that depend on him.
-He has indicated to you that he is SORRY for what he did.
-His actions were completely out of character.

The apology is the most important factor. Judges want to hear that a defendant regrets their actions, not just that they should be given extra consideration because they are decent people. Talk about his remorse and you'll be able to help him. Its a nice thing you're doing, good luck.

Answer 2

From the sounds of it there are plenty of mitigating factors here, ie things that make it a lot better for your cousin. Because the fraud is relatively trivial, and there was an early guilty plea and most of all the victim was paid back before arrest, I'd say things look good. In all I'd be surprised if he received a custodial sentence, if so it would almost definitely be less than 3 months, probably less than one. However, I'd say that the most likely outcome is a, potentially hefty, fine. In all he shouldn't worry too much. AT the moment the judiciary are reluctant to sentence custodially so your cousin can discount that. A fine may be coming his way, hopefully nothing more serious than that. The judge may even see fit to give him a community service attachment, but as he works in a care home it's unlikely. There are no decided cases where a defendant has been ordered to do extra hours at his place of work, but it's very possible. Please let me know how he gets on. Edit: the sentencing guidelines mentioned below are very rarely used by the judiciary at the moment; there simply isn't room in prisons for anything other than serious offences.

Answer 3

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RE:
writing a character reference for someone due in court?
A family friend is due in court and i have been asked to provide a good character reference for him. What sort of things should i put in there? And only sensible answers please

Answer 4

You should say how long you have known the friend, whether on a personal and/or business basis and that during that time you have found him/her to be... here insert all the things that apply, such as reliable, loyal, honest, hard working etc.... end by saying that you consider him to be of good character, trustworthy and any other attribute that applies to the court case (such as a loving parent/father/mother, etc.) Hope this helps.

Answer 5

Assuming that this is not a sentencing hearing, I doubt that a mere letter of reference will be considered. If you are not there to testify, then a letter which is not under oath can be considered "hearsay" and kept out of evidence. An affidavit signed in front of a notary would be better but still could be ruled hearsay since it's a statement by an out of court witness who can't be cross-examined.

Answer 6

That would depend on what the person's character is like and of what they are accused i would think. If it's for burglary or something play on how honest and dependable they've always been towards you.

Answer 7

Be honest. Just refer to the type of person they are. Would they help an old lady across the road, or drive through the puddle to soak the old lady at the side of the road? Use your common sense.

Answer 8

Talk about his reliability...that you'd trust your children in his care.
His honesty
Good neighbour...waters the tomatoes when your away
Good member of the community....show examples.

Answer 9

you need to put how you know him and for how long for and then include things like he helps others or usually a law abiding person just be honest

Answer 10

This is well dodgy as you could be charged for lying (committing perjury) .... avoid doing it if possible. Rather your mate be jailed than the pair of you.