Can character reference letters help with your sentencing? The answer is yes if you have a proper strategy. I’ll share some of my own experiences. I was sentenced for Securities Fraud in 2016. I had cooperated with the government in several important investigations,I had a strong 5k1 letter recommending 5 years of probation, zero victim impact letters, full restitution of 1,350,000 dollars paid prior to my sentencing, over 25 friends and family members in the court to support me and in addition to this, I had 48 character reference letters. The letters detailed all of the kind acts I had done for all of these people. I had letters that shared how much I had helped people in the recovery community as an AA sponsor. I had letters from priests, politicians, and business owners in my community. Although I had sentencing guidelines of 78-97 months, I was confident I would receive probation.
What happened when my sentencing began stunned me and my attorney. The judge opened the sentencing immediately referencing the receipt of 48 letters on my behalf and then stating she was not prepared to depart to probation. She stated that in all of the letters that she received, she did not read 1 letter that talked about my remorse or my identifying with my victims in any way. The entire theme of my sentencing was my victims and my lack of empathy towards them. This was an obstacle I was not prepared for. My attorney who was a former AUSA and one of the most successful prosecutors in the history of the Boston office was stunned. Over and over again the judge referenced that I did not have any regard for my victims. The sentencing could not have gone any worse. With the knowledge that I have now what should I have done in regard to my character reference letters.
- I should have submitted letters from only people who knew me well and for a long period of time
2.The letters should have reflected my remorse and my identification with my victims.
3. A lesser amount of letters should have been submitted, instead of overwhelming the judge with 48 letters.
Character reference letters are a very important part of a sentencing mitigation strategy, but they must be done properly. These letters must illustrate your remorse. They need to be coordinated with your personal narrative and the judge’s sentencing history. If you would like information about how to submit your character reference letters or any other type of sentencing mitigation strategy please contact me to discuss your personal sentencing mitigation strategy
