Letters of Recommendation for a Criminal Case: What Should They Say?
Have you ever disliked a person, then changed your mind suddenly after learning something about them? With this new information, you feel completely differently?
I’ve seen prosecutors change their opinion about defendants many times after reading a good letter of recommendation from an objective 3rd party.
A good letter functions like a magician’s sleight of hand. Look over here, Mr./Ms. Prosecutor. They allow the defense attorney to direct the prosecutor’s attention away from the offense report (which is never flattering).
And even if the letter doesn’t convince the prosecutor to dismiss the case, it usually results in a better outcome: less probation, less fines, less community service, less punishment. It is almost always worth the time it takes to get a good letter.
So why don’t more defendants provide letters of recommendation to their attorneys? Because it is not always easy. Who should they ask? What should the letter say? Where do they send the letter?
It is rare that defense attorneys receive letters of recommendation from their clients. That is why they are so effective.
The information below is for both for the person asking for a letter and the potential letter writer.
Who should you ask to write a letter?
You should ask the most accomplished person you know. It can be a teacher, boss, business person, or anyone who is respected in the community. The prosecutors are looking for impressive and objective people that are likely to tell the truth about you.
Sometimes a family member will be useful under certain circumstances, but they should be a last resort.
How do you ask for a letter of recommendation?
Ask “Would you be willing to write me a letter of recommendation?” or “character reference”.
Obviously, it is tricky and uncomfortable to ask someone to write a letter for a criminal case. It will always be embarrassing. But it is not necessary to explain why you need the letter. If they ask why, you can tell them if you want. Or, if you don’t want to, just say “I’m working on a new goal.”
Will the prosecutor call the person who wrote the letter?
Rarely. The prosecutor will usually only call if they suspect the letter is not authentic.
How many letters should I try and get?
Up to three. The prosecutor is not going to look carefully at more than three letters.
Who should the letter-writer give the letter to?
They can give it to you or your defense attorney. They do NOT need to send it directly to the court. Your defense attorney will review the letter and present it to the appropriate person.
If the letter says something that the defense attorney does not feel is helpful, he/she will ask for a new version.
What should the letter say?
The key to a good letter of recommendation is sincerity and descriptions of real instances where the writer observed the quality of your character. It should also mention how long they have known you.
It is good to mention obstacles that you have overcome and goals that you are working towards.
The prosecutor wants to know how the letter-writer really feels about you. If the letter is generic and lacking in details, the prosecutor will likely be unimpressed.
2–5 paragraphs is the ideal length. However, any length is ok.
What format should the letter be in?
In a perfect world, the letter will be on letterhead, have a signature, and look very formal. However, the letter can be in any format: a digital PDF, Word document, email. Even a picture of a letter is fine. The prosecutor will only care whether the letter is authentic.
The letter can be addressed to “Whom It May Concern.” It does NOT need to be addressed to the court, judge, or prosecutor (because this is sometimes difficult for the letter-writer to figure out). However, it is ok if it is.
The letter should have contact information (phone/email) for the writer. It looks very suspicious if it doesn’t.
A signature is not necessary these days (because so many people write letters on their computers).
Should the letter mention the arrest?
The letter should NOT mention the arrest. While there may be some circumstances where the letter-writer can offer some insight, usually discussing the arrest is not helpful.
The letter definitely should not make excuses for the arrest or guarantee that it will never happen again (because there is no way for the letter writer to know that).
The letter should not ask for a dismissal or leniency. The prosecutor already knows what the letter writer wants. The letter should entirely focus on your character.
What if I don’t know anyone who can write me a letter?
Criminal cases usually last 8–12 months. You have time to meet people and volunteer to do the work that would earn you a letter.
