Preparing Winning Character Statements for Court

Character Statements Explained

Character statements are an incredibly useful part of legal proceedings but often misunderstood. Essentially they are statements in favor of the defendant – from people who know him – that are presented to the court at the time of sentencing. They must state facts about his character that make clear his honesty and moral uprightness. Any opinions about the honesty or moral character of the defendant that are not backed up with facts will be disregarded by the judge and the lawyer creating it, because such conclusory statements are not useful and are not relevant under the rules of evidence.
It is typically a good idea to submit four or five character statements on behalf of the defendant in a case like this . It is also important to have your character statements completed in time to be submitted with the presentence report and the Pre-Sentence Report Interview (PSI).
The Pre-Sentence Report Interview is your opportunity to present your character statements, along with collateral information about the defendant, before the court and the probation officer. It is your chance to explain the various statements to the probation officer and for the probation officer to ask questions about them. The probation officer will summarize your statements in the report submitted to the judge. Because of this, you should submit character statements to the probation division that you know contain correct information regarding the defendant.

Components of a Character Statement

While character statements vary from case to case, there are some fundamental components that can provide a framework for an ideal character statement. For example, a statement should always be factual and honest. A statement should include specific facts or anecdotes and not be too vague. It should clearly state who the defendant is to the writer. If the writer is a family member, it should discuss the relationship. If the writer is a friend, the statement should discuss the relationship and how long it has existed. If the writer is an employer, it should discuss the employment history and the character the employee has displayed while on the job.
Character statements should discuss the merits or good character of the defendant. If they do not, they are not really assisting in making a good case for keeping the defendant out of prison. It is important to know more than a few facts; it is critical to discuss why the defendant would be helpful to the community if not incarcerated or in boot camp or the military. These statements should not just parrot what the defense attorney has said in briefs. Certainly background information about the defendant and how those factors relate to the offense are important, but the actual impact of the defendant would have on the community in a positive way should be stressed. This point is often overlooked in favor of trying to detail the defendant’s background. It is much more powerful and effective to provide specific examples.

How to Select a Character Witness

Character statements serve a pivotal role in shaping the outcome of drug offense cases. At times, powerful character statements can even lift a felony drug crime allegation to a misdemeanor or potentially absent a conviction entirely. The key to writing a compelling character statement for court lies in choosing the right person to pen your character statement. While it might be tempting to ask a family member or close friend to write you a character statement, it is usually not a good idea because the judge will view a statement from someone so close to you as biased. The best people to ask to write a character statement are those in your community who genuinely feel that you would make a great neighbor, citizen, etc. This might include a teacher whose life you have touched, a fellow sport’s team member, or co-worker who knows you as a caring and helpful person. In order to pen a great character statement, the writer has to be convincing that you are of good character. This means that your character statements should only be written by individuals who are intimately familiar with your character. Choosing an unsuitable character witness can put the judges’ trust in your character on the back burner. Furthermore, those offering character statements should be individuals who have known you for a significant amount of time and are in a valid position to know your true character. For instance, stating that your neighbor thinks you would be a great neighbor is probably not believable to a judge due to the lack of time spent getting to know you. Furthermore, judges may roll their eyes if you claim that an online friend thinks that you have good character solely based on liking each other’s posts on social media. Lastly, it is important to remember that character witnesses are only more persuasive if they actually knew you prior to the criminal charges and are basing their allegations on examples of your life as well as your reputation.

Character Statement Format

A character statement is similar to other affidavits in that it should consist of paragraphs that begin with an introduction, a body or substance, and a conclusion. To assist the court in reading the content, the information in the paragraph should be divided up into "easy to read sub paragraphs". The expected content of each section is as follows:
First Paragraph:
The purpose of a character statement is to assist the court in determining whether or not I, the person making the character statement should be punished, or otherwise how I should be punished.
Second Paragraph:
I identify myself as follows:
Name
Address
Occupation
My acquaintance with the offender is as follows:
Describe relationship with the offender i.e. family/friend/other.
Date of the acquaintance and length of that acquaintance.
How often you see the offender.
Third Paragraph:
I have known the offender for ____ years.
The offender is an apparent hard-working, trustworthy citizen. He/She is honest and reliable.
If appropriate, provide any details regarding the offender’s employment and/or qualifications.
Include facts regarding the offender’s character, including positive and negative aspects of his/her character.
It is very important that a character statement also include negative aspects of the character. For example, the person giving the character statement may say that they know the offender as a "quiet person who doesn’t talk back to authority". This is important information for the court to know, as it will give the court information that could be considered negative.
Fourth Paragraph:
However, being under a mistaken impression, I have been made aware of the following information about the offender which I consider significant. I suggest that the court take this into account when assessing the penalty for the offence.
Provide a brief outline of the broad outline of any criminal history / history of deceit or dishonesty etc. of the offender.
You should not make any comments in relation to the offence for which the offender is due to be sentenced. If it is known, you should consider the facts to be read out in court when the offender pleads guilty.
Fifth Paragraph:
I agree with the offender when he/she says that he/she has turned over a new leaf and will not come back before the courts for further criminal offences.
I do not believe that the offender will re-offend.
I do not believe that the offender will re-offend, however, should he/she be tempted to do so, then I feel that he/she should be subjected to a serious message from the court.
Sixth Paragraph:
I am aware that the offender is going to plead guilty and would ask the court to take this action into account when deciding what penalty to impose.
I take into account any issues of remorse and discuss them here, if you feel appropriate.
I take into account any issues of the offender’s age, maturity and mental impairment and discuss these here if you feel appropriate.
Seventh Paragraph:
I am willing to provide this character statement as my own free will, without any payment and I have read this statement and all of my comments are true and correct to the best of my knowledge.

Legal and Ethical Requirements

As a witness providing factual information to the court, a character witness owes a duty to the court. This duty is a part of the general legal duty imposed on all witnesses, whether or not they are called to testify in court. The duty includes being truthful in any statements made, written and verbal, to the court or parties and to advise the court of any personal interest that may be appropriately considered during the resolution of the case.
While character witnesses have a duty to the court, they do not have a duty to the party or witness who retains them to be personally biased . Therefore, character witnesses may legally decline to offer statements or personal opinions that are not accurate. The character witness can be personally biased (e.g., friend, employee or family member) without committing perjury if the witness gives truthful testimony, regardless of the personal beliefs held by the witness. However, if the witness offers statements that are known by the witness to be false, the witness could be personally liable for the falsehood.

Sample Character Statement

For the purposes of providing a tangible example of what a character statement typically looks like, an example is provided below. It should be emphasized, however, that while character statements share some common features, they can vary in structure and approach depending on various factors—such as the purpose of the letter, the identity of the writer, and the nature of the issue. The following is a sample statement provided merely as an illustration:
To whom it may concern:
I am a 51-year-old married father of two who lives in Boston. I have assembled this character statement because I know the foregoing individual for over 15 years. Not only have I known this person during our professional lives, I have had the privilege of knowing him socially as well. I feel qualified to address such matters as he has lived in the greater Boston area for a number of years. I have worked as a nurse for over 20 years at [hospital until 2015], and found myself placed in a number of different positions over that time. In my current position as a nurse manager, I have encountered many people with a variety of different personalities.
During our professional relationship, the foregoing individual has demonstrated his competence, intelligence, and dedication by [???]. I have always been impressed by his work ethic, professionalism, and kindness to all people; he has a special way of never imposing himself on others. He operates with integrity and character well above many other people I have known. I cannot say the same thing for many of the people I have worked with or encountered. I have never known him to be dishonest or disrespectful to others. He has so many great qualities that I was surprised to learn he was facing these charges. It had not crossed my mind that he would be involved in such matters; in his case, I feel it is a big mistake of one kind or another, as he is a good person as I have known him.
On a personal level, the foregoing individual has been an excellent friend to me and my family. We have spent a substantial amount of time together at social gatherings like parties, dinners, and golfing. I have been to his house numerous times, and he has been to mine. We have shared many laughs, and he has been a great support to me when I have needed it. He has hosted events where adults and children have been present, and I have never had any concerns for the well-being of my children when they were in his company.
I have known a number of people who have fallen into professional disciplines that have been taken as an offense of one type or another, myself included at one point. We all deserve to be treated with dignity and respect. When you encounter goodwill people that have devoted their lives to helping others, it is a universal rule that these individuals are treated with an understanding of their life’s achievements. I simply feel people of his nature deserve to be treated fairly in a system that is fair.

Helpful Hints for Your Character Statement

Compelling character statements typically begin with relevant positive facts about the offender and his/her background, followed by the circumstances leading to the present offense. Their observations may include specific examples they have witnessed that are relevant to the sentence she/he hopes to achieve. Here are some tips:
· Honesty: The character statement should be honest and truthful. People tend to know intuitively whether they are testing the truthfulness of the statement.
· Length: Aim for 2-4 pages . If the statement is significantly longer, it will most likely be truncated.
· Language: Use language that gets your point across, without coming across as belittling the court or the Judge appointed in your case.
· Clarity: The clearer and more organized the thought you want to communicate is, the more powerful it will be.
· Relevance: Unless specifically requested by the Judge, try to keep out general reflections on your opinion of sentencing guidelines and potential sentences.