Sample Character Letter Federal Sentencing

[Pages:3]F. Clinton Broden

BnoDEN MICKELSEN

ATTORNEYS

- AT.

LA\^1

BoardCertified,CriminalLaw- TexasBoardof LegalSpecialization A teamapproachto criminaldefense

Mick Mickelsen

To: FriendsandFamily of CLIENT From: F. Clinton Broden Re: Lettersto the Judsein connectionwith CLIENT's sentencins

As you know, CLIENT will be facing sentencing before United States District

Judge

in connectionwith hisguiltypleato

. The sentencing

is currently scheduledfo. _.

Some of you may be thinking of writing a

supportive letter about CLIENT to the Judge in an effort to help CLIENT receive the lightest

possiblesentence.Thepurposeof this memorandumis to adviseyou of thepropermannerof doing

thisin termsof whenandwhereto sendtheletters,propermannerof addressingtheJudge,andsome

do'sand don't'saboutcontent.

The letter(but not the envelope)shouldbe addressedto:

Honorable_ United StatesDistrict Judge 1l00CommerceStreet Dallas,TX75242

The proper manner of addressingthe Judge is "Your Honor" or "Dear Judge ." The letter shouldrefer to CLIENT by nameeitherbetweenthe addressand

the salutationor in the first sentenceT. he letter shouldalsocontainyour return addressandthe date. Generally,the lettershouldbe betweenoneandthreepageslong.

As to contentof the letter, we want to be ableto show the Judgethe many positive aspects of CLIENT's charactear ndbackground.Attachedis abrief outlinethatyou canuseto helpyou with your letter. Of course,it is importantthatyou write your own letterin your own words. You should identify in the letterhow you know CLIENT andfor how long. It might be goodto include,from personael xperiences, pecificandheartwamingexamplesof CLIENT'sgenerousk,ind, and/orloving characterA. moregeneraletteraboutalengthyandpositiverelationshipin which CLIENT hasbeen a trustworthy and caring friend or family memberis alsohelpful.

2500StateStreet. Dallas,Texas75204 . Tel.(2I4) 720-9552, Fur(214)720-9594

In contrast,it would not be useful to declarethat CLIENT is or must be innocentor to expressresentmenat sto his treatmentby the governmentor the Judge;thereis alwaysa risk that suchsentimentswill be attributedto CLIENT and be held againsthim. Likewise,rememberthat CLIENT is acceptingfull responsibilityfor havingdonethingshe shouldnot havedone,which he acknowledgeswereillegal,andwhich heknew or shouldhaveknown atthetime werewrong.Some indicationthatyou recognizethe same,but still havethehigh opinion of him thatyou havealways had,canbehelpful. So,asyou cansee,the focusshouldbe on CLIENT asa person,andnot on any feelingsas to his guilt or innocence,aboutwhethersomeoneelseis really to blame for what has happenedto CLIENT, or aboutthe criminaljustice systemin general.

Very important: Pleasemakesurethatyou DO NOT MAIL YOUR LETTER DIRECTLY TO THE JUDGE -- MAIL IT TO MY OFFICE (at the addresson this letterhead).This is critical becausea, lthoughyou of coursewill includein your letteronly whatyou considerto be information that will be helpful to CLIENT at sentencing,there is always a possibility that someonemay unintentionallyincludesomethingthatcouldactuallybeharmful. BeforeI senda letterto theJudge, I needto checkit in light of my experienceso that I am confidentthat we submitonly potentially helpful material. In addition,I will want to submit all the lettersto the Judgeat one time in an organrzedway. I cannotdo this if the lettersdon't all go through me.

It is alsovery importantthat I receiveyour lettersno laterthanten daysprior to sentencing so that I can review them, suggestchangesif necessaryr,eceiveany revisedletters,and organize them all as part of a cohesivesentencingpackagefor CLIENT that I can submit tithe Judgein advanceofthe sentencingdate.

Thankyou all in advancefor your help andsupportto CLIENT in this importanttime.

Honorable UnitedStatesDistrictJudge 1100CommercSetreet DallasT, X15242

RC: CLIENT

Return address Date

I. Relationship: a. In what capacitydo you know CLIENT? (i.e. relative,friend, spouse) b. How long haveyou known him? c. Feelingsfor CLIENT (Importantto showlove, friendship,respect)

II. Generalstatemenot f support: a. Do you understandthe troubleCLIENT is in? b. Haveyou talkedwith him aboutthis trouble? c. Are you ableto help him in anyway?(Placeto live, job, othersupport)

III. Statemenot n character: a. What goodthingscanyou sayaboutCLIENT. b. Mention charactertraits (honesty,courage,love, etc.andexamples) c. Offeringpersonalexperiencesor insightsthatmayhelpthe JudgeunderstandCLIENT's true character.

IV. Conclusion: a. Expressto Judgein your own words how CLIENT knows he has done wrong, regrets doing what he did, andhis plansto go forwardwith his life. b. Becauseprobationis a possibilityin this case,it is importantto tell the Judgethatyou do not think societywould benefit from sendingCLIENT to prison and that a prison sentencewould be detrimentalto all concerned.It is important to explain why you think this.

Respectfullyyours,

Your name

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