A person who is charged with criminal offences may need to provide a character reference for court. People who plead guilty in court may also need this regardless of what their sentence is.
Most court character references are generally accepted without question and have a significant impact on the severity of any applicable penalty or the person's life. The following people may write a character reference for a person facing criminal charges:
- Neighbours
- Employers or colleagues
- Doctors
- Teachers
- Family friend/Relative
- A member of a club or organisation that the criminally charged person is also a part of. For instance, a church group or a basketball club.
All of the people mentioned above must be over the age of 18. Criminally charged people must also ensure that their character references are written in a way that doesn't focus on quantity. Rather, it should focus on the quality since this will affect the applicable penalty that the criminally charged person will receive. Read on to know more about character references for court.
What To Include in Character References for Court
Let's use some examples of how people may make character references for a criminally charged person. For instance, Nolan Patton is charged with drug abuse because he got caught using drugs in a drug bust operation. He pleaded guilty in the Supreme Court and was asked to provide character references. The people may state the following when making court character references:
- Name and occupation
- Their awareness of the crime that Nolan committed
- Their awareness of Nolan pleading guilty
- How long they have known Nolan and what is their relationship with him
- Their opinion of Nolan and his overall character
- If they have any idea of Nolan's future and personal circumstances
- Address the character reference to the presiding magistrate if the case is in the magistrates court
- Address the character reference to the sentencing judge or the presiding judge if the case is in the district court
What To Exclude in a Character Reference Letter?
We have talked about what to include in a reference for the court, but what should people exclude from the reference? People cannot simply write anything that they want without caution as this may put the accused in an unfavourable situation. People who are providing a character referencing for the accused are essentially trying to highlight a person's character, hence it's advisable to not:
- Shift the blame to other people
- Dictate the court on what penalty to give the accused
- Mislead the court on false statements or evidence
- Plead the court to send the accused to jail
Below are some examples if either one of these people will make a character reference for court for Nolan. It should be typed or neatly written on a piece of A4 piece of paper. If employers are providing a reference, they should include the company's name and address on letterhead. For the examples below, we will focus on the content of the reference and consider the example of Nolan.
1. Teacher
Name: Calisto Gilberto; Occupation/Relationship with Nolan: Teacher
"I am writing this character reference for the crime that Nolan has committed, but he wasn't like this before. When he was studying for his master's degree, he mostly passed all of his grades with flying colours. Whenever he had classmates who found a certain topic challenging, he would always step up and help them. Though he had a few absences here and there, he made sure to make up for it in the next class."
2. Neighbour
Name: Caesar Chaska; Occupation/Relationship with Nolan: Neighbour and friend
"I am here to write a character reference for Nolan for he is a hardworking man and he constantly provides for his family. Even though he has financial constraints, he always looks after our kids when my wife and I are away. The kids also love spending time with him and love his cooking. He also prioritises his children even if he is already divorced from his wife and lets his child play with our kids as well."
Nolan's neighbours may also provide in their character reference for court if they want to support Nolan in case he needs rehabilitation. They may state:
"My wife and I are more than willing to provide the necessary expenses in case Nolan goes to a rehabilitation facility. Nolan has expressed to us his remorse for the criminal act that he has committed"
Note: Parents who are accused of drug abuse may be subjected to another court hearing since this is a considerable risk to children. We have published a blog about positive drug tests and child custody regarding these matters.
3. Employer
Name: Byung-Ho Jae-Song; Occupation/Relationship with Nolan: General Manager/Colleague
"My colleagues and I have seen Nolan's considerable career growth in our company in the last 4 years. This was the first criminal charge that we have heard of and he has had a clean record ever since we hired him. He helps us handle customers during peak seasons and holidays and goes on overtime even if we tell him to go home.
"I am aware of his financial constraints as well so we also gave him the option to apply for a higher position in our company. However, before he could apply, we were informed that he was arrested due to NSW Police's drug bust operation last Tuesday."
Nolan's employer may also state the necessary actions they will take regarding his employment terms in the character reference for court:
"Though Nolan has greatly contributed to our operations, we will not tolerate this offence. We have decided in our company that he will be suspended from work until he finishes rehabilitation."
4. Relative/Family Member
Name: Nelly Patton; Occupation/Relationship: Digital Artist/Sister
"My brother Nolan always helps me with my studies since we have the same degree. Even though he works the night shift, he stays up late for me to help me with my projects even on weekends. I remember last week when we were on a Zoom call and he continued to work on my project when I fell asleep on the call. This is just one of the many times that he has helped me with my projects."
Note: While courts will accept character references from family members/relatives, they may give little weight to them.
5. Doctor/Psychologist
A doctor and/or a psychologist's character reference for court may help an accused lessen or maybe even escape a criminal conviction. Let's use Nolan as an example again. Due to Nolan's criminal offence of drug abuse, the court ordered him to attend rehabilitation which Nolan reluctantly agreed to attend to.
Name: Dr Sherwood Evelyn PhD; Occupation: Psychologist and Psychiatrist
"Over the past 2 months, Nolan's drug addiction has decreased and I have seen great improvements. He has addressed that his drug addiction started when he divorced his wife. I have provided him necessary medication and therapy sessions in order to help him cope with his addictions. Nolan also opened up to me that he is doing his best to finish his rehabilitation in order to help his child finish his studies."
Importance of Seeking Legal Advice
It's important for the accused or for people making the character reference for court to seek legal advice. Why? As mentioned, character references should have credible evidence of the accused's character. The accused may face more criminal law charges or heavier penalties if the court did not receive a character reference correctly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.