When a person is charged with a crime and receives notification to appear in court, they will usually do so. 3. Be careful when discussing similar crimes committed by the accused in the past. A reference to morality should never indicate that the charge is “atypical” if the accused has already committed the same crime. This previous offence has a strong impact on the personality of the accused; Therefore, a reference to morality made to emphasize that the point of the prosecution is “out of character” is of no value to the judge. Make sure you know the facts that will be shared with the judge before discussing things in detail. 15. If possible, use commercial letterhead. This immediately shows the judge that the arbitrator is employed and immediately weighs the content of the character reference.
The best character references come from people who know the abuser well, such as close friends, family members or co-workers. In general, it is these individuals who are able to properly inform the court of the extent of the aggressor`s remorse and the impact the crime has had on them. 1. Address the character reference to the right person. An arbitrator must know which court hears the defendant`s case in order to properly handle the character reference. It is important that the document is specific to show the judge that it is not just a general reference, but a document written specifically for the defendant for a particular crime. In Victoria, if the case is to be heard by the Magistrates` Court, the character reference “To the Sentencing Magistrate” must be dealt with. If the case is to be heard by the district court, it must be addressed “to the trial judge”. In more serious cases, effective character reference letters can greatly improve your chances of avoiding a full-time jail sentence.
Here we explain the structure of a character reference and the problems that should be addressed. The person to whom the reference to morality is addressed depends on the court to which the defendant is addressing. You can use examples, illustrations, and stories to bring a person`s character to life, for example: You were asked to write a character reference for someone who goes to court for breaking the law. A character reference is a letter and includes your opinion about that person. Don`t write “who it concerns.” The reference shall be treated as follows: d. Accusation of dishonesty – the accused may have experienced financial difficulties and now fully regrets having committed the crime. Have the stolen goods ever been returned? The character reference must inform the judge of these details. As you will see in the following character reference templates, the character reference should be addressed to the following address: If the case is heard by the Magistrates` Court, the character reference must be entitled “To the Criminal Judge”. If the case is heard by the district court, the submission must be titled “To the judge”.
Write the character`s reference so that it is formal but speaks honestly about that person. Family reasons such as caring for a child or elderly parents, illness of yourself or another person who depends on your ability to drive are issues that a court can consider. For example: I understand that Jane Citizen has to appear in court for theft. She is very angry about the accusations and I think she is sorry for what she did. It should be clear from all requests for preliminary rulings that they know why the person is before a court. For example: Include the reference to the person who comes to court. Do it well before the trial date. Or send it to your lawyer. You can also call the lawyer to discuss the reference. Morality references are very important in court proceedings. They are pretty standard in different Australian jurisdictions This page explains how to write a character reference for someone who goes to court for breaking the law.
Also indicate your occupation and qualifications. Next, state your relationship with the defendant and how long you have known them. If you tell the court how long you have known the defendant, you show how much knowledge you have about the defendant`s background and behaviour. It is of limited use if the perpetrator has only known the defendant for a week or a month. Have the reference signed and dated. This reinforces the fact that the character reference is up-to-date and written specifically for the case. It`s best to also include your contact information (phone number, etc.) so the prosecutor, judge, or judge knows you`re easily reachable if they need to clarify something. Provide details of the negative consequences the offender will face as a result of conviction.
All of this helps to show the court who the perpetrator really is, in a way that a lawyer often cannot communicate to the court. 16. If possible, appear in court. It is always helpful when a lawyer is able to file a referral and then point someone to court and say, “You can testify if necessary.” In the lower courts, they very rarely have people testify, but in the county or supreme, they may allow someone to stand up and speak. Most references to court figures make statements like this: “James Brown is hardworking, energetic and generous with his time and money.” We believe that these indications have very little impact on the Court`s judgment. Some judges have been known to say that they have never read a bad character reference. If the judgement is heard by the district court, the author of a character reference letter (“arbitrator”) is generally not obliged to appear before the court. If you are guilty of a criminal or traffic offense, an effective character reference letter that a judge or magistrate can read about the verdict can greatly improve your sentence. The judge will read the reference before deciding on the sentence. The court prosecutor will also read the reference.
It is very important that a number of character references are written and presented to the court. This is sometimes the most important piece of evidence for a defendant. The choice of a referee is an important consideration for your character reference. This person must be able to provide information to support the issues raised by your lawyer before a judge. For example, we can confirm your good relations with community members or your exemplary character and your performance at work. An arbitrator may also point out your great need for something that can otherwise be removed in the event of a particular criminal sanction (such as revocation of the license). 6. Indicate your relationship with the accused. This is another factor that increases the reliability of the character reference. Whether you are a family member, friend, employer, etc., this should always be accurately reflected on the character reference.
Never lie to the character reference – in this aspect or in other parts of the document – as this will completely discredit any information you wish to share about the accused. There is no magic number of character references you should get. In general, the more character references you get, the better. Your lawyer can only choose the ones he wants to use at a time. Provide this as soon as possible and in good time before the hearing date. The lawyer must first review the reference and decide whether or not to use it. When reviewing the reference, a defense attorney may also learn more about the defendant, which can be helpful in court. The judge then knows that you know what the reference is for. There`s no point in showing up with a character reference that doesn`t. The judge will only say, “What good is it if they don`t know Tom was driving drunk again?” Never do the following: ✗ Provide false or misleading information in the character reference. ✗ Suggest to the judge or magistrate what sentence to impose.
✗ Criticize the law, the police, the prosecutor`s office or the victim. ✗ Anger of the judge or magistrate to whom the reference is addressed. All references must include general information indicating whether the person has ever been convicted by a criminal court. A sign reference used for legal purposes must be clear and precise. It must be written to appeal to the court and be able to convince a judge of certain issues regarding your case. If the verdict is heard by the District Court or the Supreme Court, the arbitrator may be invited to testify in court if the prosecutor`s office wishes to ask questions arising from the contents of the letter.