A Guide to Support Letters for Court
As you prepare for a court date, it is often necessary to write and submit a letter to the court in hopes of influencing the outcome of the decision in your favor. This type of letter is known as a support letter for court.
What It Is
A support letter for court is simply a letter submitted to the court, typically by a friend or family member of the person whose case is being heard, intended to convey information or express emotion related to the matter at hand. For example, you might write a letter to the court on behalf of a parent who has lost custody of his or her child. In this case, you might explain why you believe the court made the wrong decision, or why you believe the decision should be overturned.
Purpose
When addressing a court, a judge is tasked with making a decision based on the evidence and arguments presented to him or her . Therefore, should a friend or family member wish to submit a testimony on behalf of an individual’s court case, he or she may write the support letter directly to the judge himself.
Writing a Letter for Court
When asked, a friend or family member would agree to write a letter to the judge in favor of the person who is pending trial. Because the letter is submitted to the judge and because it is intended to influence the judge’s decision in some way, it is unlikely that the writer will share specific details that could incriminate the person involved. For example, if the person is facing a drug possession charge, the individual writing the letter will likely be careful to avoid any mention of the person’s current situation (details about arrest, location, what was found, etc.), instead focusing on positive qualities in a broader scope that the individual believes may encourage leniency in the judge’s sentencing decision.
Writing a Court Support Letter: The Basics
While there is no formal "template" for writing a support letter, there are certain elements that every letter for the Court or Judge need to have:
- Introduction. Give an introduction that states who you are, what your relationship is with the defendant, and how you specifically know the defendant.
- Discuss your relationship with the defendant. Stay positive. Any negative comments take away from the good you are trying to achieve. Talk about how long you have known the defendant, what your relationship is, and how you met.
- Main Body. Talk about the defendant and why you are writing the letter. Include specific examples of events, things that you have both done together, and things that the defendant did that show his/her character.
- Conclusion. You should always end the letter with how you feel about the defendant and how you feel he/she handles situations.
Starting a Court Support Letter
The first part of any letter is the introduction. You want your audience – in this case, the judge – to read the whole thing.
Start with a little bit of background about yourself. Use complete sentences and write in a manner that is respectful, but not overly formal.
The point of the background information is to give the judge a brief history of how you know the other person and to let the judge know how long you have lived in the area and what you do for a living.
Then you want to state what you believe your loved one has done to deserve the requested sentence reduction before the court.
You can also tell the judge how the defendant’s positive actions and good character have impacted your life.
You should close the letter with a brief request that the judge reduce the defendant’s sentence.
Explaining Your Relationship and Experience
When writing a support letter, whether for an immigration case or for any other type of matter, always remember to provide details that support your statements and assertions. A general, non-specific letter will not produce the desired impact. If you are someone who will be writing a support letter, you should always include your last name, first name, and address. Describe your relationship with the person to whom you are writing. For example: "I have known John Doe for X years, and we became friends in high school." Or: "I have known John Doe for X years and he is as my boss." Then, explain how you have seen the person act in terms of the circumstances for which they seek their support. For example: "I have seen John Doe interact with his children and he is a wonderful father." Or: "I have worked with John Doe for X years, and he is the hardest worker I have ever seen." Be sure to explain any circumstances to which you can speak that might bolster the other person’s credibility. Finally, do not divulge any information that is relevant to the pending immigration case that you are not allowed to reveal, as this could subject you to being a witness in the proceeding.
Offering Examples and Proof
A support letter should not be a platform for platitudes. The purpose of a character reference letter for a defendant is to demonstrate to the judge that the accused is "an upstanding member of the community," who will not "re-offend," and has otherwise been "rehabilitated." General observations about the defendant’s character are rarely as convincing as concrete examples and anecdotes that illustrate the individual’s behavior and character over time, and in the face of adversity.
By way of example, a letter that states that "Joe’s an all-star Little League coach" is helpful to show that the defendant has the ability to positively influence the behavior of the youth in his community. However, a short story about how the defendant spent countless hours of his time helping his Little League team go from last place to first, and showing the kids how to succeed not only in games but in life, paints a more compelling picture .
Additionally, when describing relevant personal experiences with the defendant, it is important that the writer discloses all relevant facts, even if they paint the defendant in a negative light (notably this does not mean that the writer must provide evidence that violates the attorney/client privilege). If the writer had concerns about the defendant prior to the incident that gives rise to the case, it’s important to explain those concerns. If the writer believes that the fact behind the indictment is part of a pattern of behavior, it’s also important to explain that. With an indictment, courts are often interested not only in the government’s case against the charged person, but in the person’s overall character. Courts may be particularly interested in letters submitted in the person’s favor during sentencing. Thus, letters that are candid about the person’s mistakes can be one of the most persuasive types of mitigation evidence.
How to Conclude a Court Support Letter
Finally, you want to draft a conclusion that effectively finishes your letter. Often, a simple statement of the desired outcome or request is sufficient to finish your letter effectively. This might be as simple as saying "I hope that the court will consider giving my uncle performance credit." You might take this opportunity to summarize the desired outcome by stating all of the things you would like the court to consider in making its determination. You can also restate the specific request you outlined previously, or even use a combination of these suggestions. Be sure to express gratitude at the end of your letter. You can say thank you to the court or, if you are writing to a specific person, to close with the person’s name after thanking him or her directly for taking the time to consider your concerns.
The Need-to-Know on Formatting and Submission
Proper formatting and service of a support letter is important in family law as the proper format ensures that the letter is professional in appearance and the proper service ensures that the proper party is aware of the letter’s submission.
- Formatting Guidelines. Support letters should be neat, even if handwritten (e.g., black ink on white paper). The document should be printed on 8.5 by 11 white paper. The margin should be set to 0.5 inch on each side of the page, top, and bottom. Even though email communication is prevalent, most courts require physical copies of all documents. Therefore, support letters in family law cases are typically submitted on paper, not electronically.
- Professional Appearance. The letter should be in the simple letter format, like you were writing a business letter. The recipients name, address, and date should be in the following format: (a) the date should be right under the typed letterhead; (b) the name of the person who you are addressing your letter should be typed several spaces down from the letterhead; (c) the address of the recipient should be right under the name of the person; and (d) the salutation of the letter (e . g., "Dear Mr./Ms.") should be in line with the address of the recipient. Further, the body of your letter should be justified to the left. Finally, the complimentary closing of your letter (e.g., "Sincerely") should be in the middle of your letter, followed by the typewritten signature. Please see the example below.
- Service of Letters. Many judges in family law courts will allow you to serve the letter on the other side before your actual hearing date. However, if you are going to do that, it is recommended that you not give the other party a hard copy of the letter, but instead mail them a copy of the letter to the address on the notice of hearing at least five (5) days prior to the hearing. Many judges have also suggested at their December Domestic Relations summit, that parties also submit a copy of the support letter by email to the other party along with the mailed hard copy.