If you were recently convicted of a crime in New Jersey but have yet to be sentenced, it benefits you to learn about one of the most effective ways to influence the judge’s decision: character letters.
Character letters written by family, close friends, and even employers can help at sentencing. The judge will read character letters privately and may let them inform their decision. Character letters should be respectful of the judge, accepting of the conviction, and honest in the anecdotes from the defendant’s life that show positive traits. Fabricating stories, demanding a lesser sentence from the judge, or arguing the validity of the defendant’s conviction makes a character letter far less helpful. For especially violent crimes and sexual crimes, character letters might have no impact on the judge’s decision-making process.
Call the Law Offices of John J. Zarych’s New Jersey criminal defense lawyers at (609) 616-4956 for your free case review.
Can Character Letters Help at Sentencing in New Jersey?
Before a defendant is sentenced for a criminal offense in New Jersey, the judge may allow anyone who wants to attest to the defendant’s good character to write and submit character letters for the judge to read before they make the ultimate sentencing decision.
Well-written, honest, and respectful character letters can help at sentencing, especially for nonviolent, low-level crimes or first-time offenders.
Character letters can still be somewhat effective in cases involving more serious crimes, but are generally less so. Depending on the nature of the crime the defendant was convicted of and the behavior they engaged in, character letters might have absolutely no impact on the judge’s sentencing decision.
Who Should Write a Character Letter for Your Sentencing in New Jersey?
Only those who know you well and can speak about your positive character traits should write a character letter on your behalf to potentially help you at sentencing.
Family
Family members who have known you your whole life or who live in the same household may write character letters. Family members have bias, and the judge may take that into account, especially if your parent or sibling writes a character letter on your behalf.
Friends
Close friends who know you well and have more stories about your good character that your family may not know can also send the judge character letters, in hopes that what they write will influence the sentence you are given.
Employers
Having a previous employer write a character letter can be very effective. The judge may appreciate a former employer’s endorsement of your work ethic and character, and their sentencing decision might reflect that.
What to Include in a Character Letter to Help at Sentencing
Judges expect certain information in character letters, and our lawyers can explain what’s important to include.
Relationship with the Defendant
Family or friends who write character letters should explain their relationship to the defendant in the letter. A mother or father writing a character letter for their child could be more biased, and the judge might consider that when weighing how well a character represents a defendant.
Acknowledgment of the Offense
Character letters should acknowledge the offense and conviction, and should not try to downplay what happened or the defendant’s actions, as judges don’t appreciate this.
Real Stories Describing Positive Traits
Character letters may be most effective when they contain real, personal stories describing positive traits or moments in a defendant’s life. Examples include details about their generosity, community involvement, and personal growth since the crime was committed. Character letters should discuss a defendant’s positive traits so that the judge sees them more for who they are and less for what crime they have been convicted of.
What Not to Include in a Character Letter to Help at Sentencing in New Jersey
Character letters don’t always help at sentencing, especially if they are poorly written or contain false information.
Questioning of the Verdict
Nowhere in a character letter should the family or friend writing it question the validity of the verdict or the trial itself. Re-litigating certain facts or aspects of the trial that have already been proven beyond a reasonable doubt can frustrate and offend trial judges, and character letters with such content may not succeed at helping at sentencing.
Sentencing Demands
Character letters should not include any sentencing demands of the judge. They can respectfully ask for leniency in sentencing, but they should not insist that a specific lesser consequence is more appropriate than the maximum sentence. Judges often do not take kindly to sentencing demands in character letters, so keep that in mind when your family and friends write these letters on your behalf.
False Stories
Character letters should only contain honest, accurate information about the defendant. Fabricated or exaggerated stories can do more harm than good, and should never be included in character letters sent to the judge before sentencing. Even if a family or friend’s intentions are good and they want to help, lying in a character letter can have serious repercussions for defendants.
How Much Can Character Letters Help at Sentencing in New Jersey?
Character letters do not always affect how judges sentence defendants after criminal convictions. Whether letters will help at all in your case depends on a few factors that our Vineland, NJ criminal defense lawyers can explain.
Poorly written, demanding character letters that question the validity of the conviction or downplay the conviction typically do not help at sentencing.
Even if a character letter is well-written, respectful, and honest, it may not have much effect on the sentencing if the defendant has an extensive criminal record or was recently convicted of a serious or violent offense.
We Can Help You Face Criminal Charges in New Jersey
Call the Law Offices of John J. Zarych at (609) 616-4956 and get your free case analysis from our Gloucester, NJ criminal defense lawyers.
