What family members can say that others can’t
A family member can describe the person over a long time and up close, which few other writers can. Say how you are related and how often you see the person now, so the judge knows how close your view is. You may have seen how they cared for a sick parent, raised their children, or changed since the arrest.
You can also speak for the home the person has to go to. Where they will live, who will help them and how the family will support them are facts a judge can weigh, and family members are often the ones who can give them. A spouse or partner can also say what the household relies on the person for, such as income or childcare.
Staying factual
Keep to things you have seen yourself, and tell them as specific moments. A former federal judge, Mark Bennett, has written that a blanket plea for mercy adds little, and so does saying the person will miss family events.
Say in a sentence or two that you know why the person is in court. Don’t argue that they are innocent, blame anyone else, or make the charge sound smaller than it is, even out of love.
Only write what is true. The court may call you to check that you wrote the letter, so write it yourself and don’t let the person you are writing for write it.
When several relatives write
When several relatives write, each letter should be in its writer’s own words and about what that writer has seen. Judge Bennett described a case in which many of 107 letters shared nearly the same phrases, and said letters like that are close to worthless.
- Each writer chooses their own moments, so the letters don’t repeat the same story.
- No one copies sentences from another letter or from a shared draft.
- Each letter says what that writer will do to help, if anything.
- The lawyer decides how many letters to file. One federal judge in Arizona accepts no more than ten.
Children and younger relatives
Don’t ask a child to write a letter. Legal aid guidance advises against asking anyone under 18, and our tool is for writers 18 and over.
If you mention children in your letter, use their initials only. Letters can become part of the public court file.
Where to send it
Give your letter to the person’s lawyer, not to the judge, and ask when they need it. For a parole hearing, letters usually go to the parole board instead.
The sample letter on our guide pages is from a sister, Angela, writing for her brother Daniel. If you’d like help, our questions take you through each part, and each relative can write their own letter for the same person.
Questions
Can a family member write a character letter for court?
Yes. Parents, spouses, siblings and adult children often write, and they can describe the person over many years.
Will the judge discount a letter because I am family?
No one can say how a particular judge will read a letter. Specific moments you saw yourself give any judge more to go on than general praise.
Can my whole family sign one letter?
No, it is better for each person to write their own. Separate letters in each writer’s own words tell the judge more than one letter with many names.
Should I mention how much we will miss them?
Not as the main point. A former federal judge has written that this adds little, while facts about the person and the support they have are worth including.