How to Write a Letter To The Judge Before Sentencing

Judges may consider mitigating factors when sentencing a defendant.

Family members, friends and acquaintances often submit letters to a judge before their loved one is sentenced following his conviction. The purpose of such letters is to persuade the judge to use leniency when sentencing the defendant by offering mitigating factors such as the convicted man's genuine remorse or his intent to make restitution. Letters to judges, who have vast amount of paperwork they must review, should be simple and succinct, yet clearly show why the defendant deserves leniency in sentencing.

Instructions

1. Address the letter properly. Judges are accustom to courtroom decorum and though you are writing a letter and not testifying, a judge will expect the same formality and respect. Address the to the judge's courthouse office and the judge should always be referred to as "The Honorable" or "Your Honor" followed by the judge's full name.

2. Explain your relationship to the defendant to the judge. Before a judge can consider your request, he must be convinced you are qualified to speak about the defendant's life and chances of rehabilitation. For example, if the defendant is a former business associate, state the type of business the two of you conducted and the length of your business relationship. Provide specific examples of traits the defendant demonstrated during the course of your relationship.

3. Ask the judge to be lenient when sentencing the defendant and explain why the defendant is worthy of a reduced sentenced. For example, if the defendant has shown remorse for his actions by issuing an apology or attempting to correct the wrong, point this out to the judge. Likewise, if the defendant has taken advantage of educational/vocational opportunities to be a productive member of society or this is his first time offense, the judge should be informed. The focus should be on the defendant's commitment to remorse and rehabilitation. Steer away from statements that diminish the seriousness of the crime.

4. Make yourself available to the judge, if needed. Provide your complete contact information -- include cell phone number and email address -- in case the judge would like to speak with you in further detail about your letter.

Tips & Warnings

• Always show your letter to your legal advisor before submitting it to the Judge. They will check the letter to ensure there is nothing in it that could do more harm than good.

References

• Broden & Mickelsen: Sample Letter from Friends and Relatives to Judge Prior to Sentencing

Resources

• Read this Article in Spanish
• The Letter Barn: Sample letter Asking Judge for Leniency for a First Time Offense
• Prison Talk: Home