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Some letters of support can be very effective in persuading a judge to give the defendant a shorter sentence. The person who will read the letters is the sentencing judge. Therefore, it is important to understand what matters to a sentencing judge.
During the sentencing phase, the judge can hear testimony and read character letters from people familiar with the defendant. This letter could make a big impact on the sentence the defendant receives. An experienced criminal defense lawyer can provide tips for an effective character letter to a judge.
Their statements should be truthful, sincere and explain why they regret committing the crime. Also, a statement should be made accepting responsibility for the crime and reasons why they are writing the letter to the judge ? a defendant should ask for a lesser fine or a shorter sentence.
If you are found guilty of a crime by a jury or if you plead guilty to a criminal offense, a judge will look at the facts of the case as well as your criminal history in determining a sentence. One element that can often be helpful during sentencing is a character letter.
You can certainly write a letter, but whether the judge will read it or even see it is moot. Judges' correspondence is normally received and opened by staff who hand it to the judge's clerk. The clerk will likely tell the judge the letter has been received and ask whether he wants to read it.
Yes, but all letters, email and other forms of written communication sent to a judge should be filed with the Clerk of Courts and copies of your communication should be sent to all the attorneys and litigants in the case. Please be aware your written communication may become a part of the PUBLIC RECORD.
Remember that judges read hundreds of letters. The easier you make it for the judge to read, the most likely the judge will be able to focus on the message you are trying to convey. For most people, a typed letter is more legible than a handwritten one.
A strong defense opening statement will do the following: Tell a story. ... Plant the defense themes. ... Make concessions only with great caution. ... Make the defense case concisely. ... Humanize the defendant. ... Make no promises about the defendant testifying. ... Argue the defendant's case. ... End on a high note.