Q: Does writing a letter to a judge help with the sentencing decision? I was asked to write a letter to the judge for the Defendant.
A: Chosen as "Best Answer" by Asker on www.AVVO.com
Answered . Depending upon the content of the letter it may or may not help.
The idea is usually to impress the Court that the Defendant is salvageable, that s/he has a support system of friends and family that cares for her/him, that s/he has been (and is capable of being) a productive member of society not withstanding the case for which s/he is being sentenced.
Sometimes this is better in letter form and other times it is better in person. I prefer to load the courtroom with friends and family and physically show the Judge that there are plenty of people who cared enough to take the time out of their busy days to appear in support of my client (believe me, actions speak much louder than words, written or spoken), and I will usually ask a small representative sample of folks to physically speak to the court on the Defendant's behalf, but many times a combination is the best bet. (I had a case in federal court a few years ago where we submitted more than 250 letters to the Court and had so many people in the audience that they had to stand outside of the courtroom. The Defendant wound up getting probation.)
Regardless, as my esteemed colleague has pointed out, please do not ever send anything to the Judge directly; ALWAYS (caps intentional) send it to the defense lawyer and let the professional who knows the facts and circumstances decide how to proceed.
I hope that I have been helpful in answering your question.
The idea is usually to impress the Court that the Defendant is salvageable, that s/he has a support system of friends and family that cares for her/him, that s/he has been (and is capable of being) a productive member of society not withstanding the case for which s/he is being sentenced.
Sometimes this is better in letter form and other times it is better in person. I prefer to load the courtroom with friends and family and physically show the Judge that there are plenty of people who cared enough to take the time out of their busy days to appear in support of my client (believe me, actions speak much louder than words, written or spoken), and I will usually ask a small representative sample of folks to physically speak to the court on the Defendant's behalf, but many times a combination is the best bet. (I had a case in federal court a few years ago where we submitted more than 250 letters to the Court and had so many people in the audience that they had to stand outside of the courtroom. The Defendant wound up getting probation.)
Regardless, as my esteemed colleague has pointed out, please do not ever send anything to the Judge directly; ALWAYS (caps intentional) send it to the defense lawyer and let the professional who knows the facts and circumstances decide how to proceed.
I hope that I have been helpful in answering your question.
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Michael Adam Haber, Criminal Defense Attorney - Miami, FL
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