Wed, Jun 11, 2008
Client
DearClient:
Priorto your sentencing, you may have friends and relatives write letters of supportto the judge which the judge will consider in imposing sentencing. Because of the sentencing guidelines,the judge does not have a great deal ofdiscretion as to you sentence, however, at times strong letters of support caninfluence a judge to sentence a defendant at the low end of the guidelinerange. I have enclosed a letterand an outline you can provide to any person you ask to write character letterson your behalf.
Inaddition to letters of support, the judge will allow up to three characterwitnesses to address the court at sentencing. If you would like to present character witnesses to thecourt at sentencing, please discuss this matter with me as it gets closer tothe sentencing date.
Asalways, if you have any questions, please donŐt hesitate to contact me.
Verytruly yours,
F.Clinton Broden
Wed, Jun 11, 2008
To: Friendsand Family of Client
From: F.Clinton Broden
Re: Lettersto the Judge in connection with Client's sentencing
Asyou know, Client will be facing sentencing before United States District Judge_________________ in connection with his guilty plea to ________________. The sentencing is currently scheduledfor __________________. Some ofyou may be thinking of writing a supportive letter about Client to the Judge inan effort to help Client receive the lightest possible sentence. The purpose of this memorandum is toadvise you of the proper manner of doing this in terms of when and where tosend the letters, proper manner of addressing the Judge, and some do's anddon't's about content.
Theletter (but not the envelope) should be addressed to:
Honorable_________________
UnitedStates District Judge
1100Commerce Street
Dallas,TX 75242
Theproper manner of addressing the Judge is "Your Honor" or "DearJudge _________________." Theletter should refer to Client by name either between the address and thesalutation or in the first sentence. The letter should also contain your return address and the date. Generally, the letter should be betweenone and three pages long.
Asto content of the letter, we want to be able to show the Judge the manypositive aspects of Client character and background. Attached to this Memorandum is a brief outline that you canuse to help you with your letter. Of course, it is important that you write your own letter in your ownwords. You should identify in theletter how you know Client and for how long. It might be good to include, from personal experience, aspecific and heartwarming example of Client's generous, kind, and/or lovingcharacter. A more general letterabout a lengthy and positive relationship in which Client has been atrustworthy and caring friend or family member is also helpful.
Incontrast, it would not be useful to declare that Client is or must beinnocent or to express resentment as to his treatment by the government or theJudge; there is always a risk that such sentiments will be attributed to himand be held against him. Likewise,remember that Client is accepting full responsibility for having done things heshould not have done, which he acknowledges were illegal, and which he knew orshould have known at the time were wrong. Some indication that you recognize the same, but still have the highopinion of him that you have, can be helpful. So as you can see, the focus should be on Client as aperson, and not on any feelings as to his guilt or innocence, aboutwhether someone else is really to blame for what has happened to Client, orabout the criminal justice system in general.
Veryimportant: Please make sure that you DO NOT MAIL YOURLETTER DIRECTLY TO THE JUDGE -- MAIL IT TO MY OFFICE (at the address on this letterhead). This is critical because, although youof course will include in your letter only what you consider to be informationthat will be helpful to Client at sentencing, there is always a possibilitythat someone may unintentionally include something that could actually beharmful. Before I send a letter tothe Judge, I need to check it in light of my experience so that I am confidentthat we submit only potentially helpful material. In addition, I will want to submit all the letters to theJudge at one time in an organized way. I cannot do this if the letters don't all go through me.
Itis also very important that I receive your letters no later than ten days prior to sentencing so that I can review them,suggest changes if necessary, receive any revised letters, and organize themall as part of a cohesive sentencing package for Client that I can submit tothe Judge in advance of the sentencing date.
Thankyou all in advance for your help and support to Client in this importanttime.
Honorable _________________ ReturnAddress
United States District Judge Date
1100 Commerce Street
Dallas, TX 75242
Re: Client
I. Relationship:
a. Inwhat capacity do you know Client? (i.e. relative, friend, spouse)
b. Howlong have you known him?
c. Feelings for Client (Important to show love, friendship, respect)
II. Generalstatement of support:
a. Doyou understand the trouble Client is in?
b. Haveyou talked with him about his trouble?
c. Areyou able to help him in any way? (Place to live, job, other support)
III. Statementon character:
a. Whatgood things can you say about Client.
b. Mention character traits (honesty, courage, love, etc. and examples)
c. Offerany personal experiences or insights that may help the Judge understandClient's true character.
IV. Conclusion:
a. Express to Judge in your own words how Client knows he has done wrong, regrets doing what he did, andwants to go forward with his life.
b. Because probation is a possibility inthis case, it is important to tell the Judge that you do notthing society would benefit from sending Client to jail and that a prisonsentence would bedetrimental to all concerned. It is important to explain why you think this.
Respectfullyyours,
YourName