If you are asked to write a letter of support on behalf of a fellow in recovery and have decided to write one, thank you!
Here are suggested guidelines. These letters can be a very important part of the sentencing process because they help the judge get to know the person they are sentencing in ways other than just the facts of the offense:
- The letter should be addressed to the Judge, but provided to the defendant’s representative or attorney. The defendant’s attorney will make sure the letters get filed in an appropriate manner.
- Start by explaining who you are. Introduce yourself to the Court. Explain how you know (and how long you have known) the defendant and any professional or personal relationship you have. (ex. “Jerry is my sponsor in Sex Addicts Anonymous.” or “Joshua and I are on the local Sex and Love Addicts Anonymous Intergroup Board.”
- If you know the defendant through a 12-step program, you can refer to them by their first name and last initial. You can also include the sentence, “James is aware I am writing this character reference letter and has granted a waiver of anonymity per the twelve steps and twelve traditions of our program.”
- Make it personal when describing the defendant’s characteristics. Can you think of examples of good deeds done by the defendant (hard work, dedication to family/church/community, generosity, etc).
- Only talk about what you know. Limit yourself to things for which you have personal knowledge. You can discuss changes you have seen in the defendant as they have continued on their recovery journey.
- Be truthful. Make it clear that you know why the person is in court. If you are writing a letter of support for sentencing, guilt has already been decided, in many instances because the defendant pled guilty. There is usually no need to discuss in any detail the facts of the offense.
- Never attack the victims or law enforcement. This just doesn’t help. You can state that the defendant has told you about their charges and the great remorse and victim empathy he has developed through the process of recovery.
- Never allow the defendant to write the letter for you. The court may contact you to verify that you wrote the words in your letter.
- Detail how you will be part of the defendant’s support system following sentencing. It is important that you include a sentence similar to: “Bob is a person whose commitment to growth and change makes me want to be part of his journey.”
- Be concise. Be Sincere. One page is usually sufficient.
- Ask the judge to use their discretion to grant the defendant a sentence that will allow them to continue to work their recovery program, have access to counseling services, and ongoing direct support of family and friends.
- If you have questions about what to include or not include, contact the attorney handling the case.
- Always sign and date the letter, and provide contact information. It is up to you to signify if you would like to forego your personal anonymity by including your last name. You must include a phone number so the judge’s staff can confirm the letter’s authenticity if needed.