A letter asking for leniency is a letter to the judge in a criminal case, usually submitted around the time of sentencing, asking the judge to go easy on the defendant.
Because judges often have wide discretion as to sentencing, these letters sometimes help to persuade them to impose a lighter rather than a harsher sentence.
The 5 most common tips in writing an effective leniency letter to a judge include:
- write a clear introduction,
- introduce yourself and establish credibility,
- provide reasons for leniency,
- tell a story, and
- provide contact information.
Note that people write requests for leniency when a criminal defendant is near the sentencing phase of his/her criminal case. The letters can be written by defendants, but they are most often written by their:
- family members,
- loved ones, and
- professional contacts.
The goal of these letters is to provide information that may persuade a judge to be lenient in imposing a defendant’s sentence. They can be submitted in both misdemeanor and felony cases.
A letter asking for a lighter sentence is sometimes referred to as a
- letter of leniency or a
- character reference letter.
1. How should you start a leniency letter?
You should start your letter by addressing it to the court (for example, “Dear Judge Jones”). Rather than use the generic term “Sentencing Judge,” try to find the specific name of the judge that is sentencing the defendant.
If you cannot find the name, address the letter to “Honorable Judge.”
The letter should then include a clear introduction that explains why you are writing the letter. You will want to mention that you are:
- writing on behalf of the defendant, and
- asking for leniency.
Make the introduction as concise as possible. Also, include a case number for the criminal matter you are writing for so the judge knows which case you are referring to.
2. How should you introduce yourself?
Following your introduction, you should introduce yourself to the judge. Tell him/her who you are and how you are related to the defendant. You should only provide information that pertains to your letter.
You should try to introduce yourself in a way that establishes credibility. For example, you will want to include:
- how long you have known the defendant,
- how often you interact with him/her, and
- if a professional contact, state your title and how long you have held your position.
3. Do you include reasons for leniency?
Yes. A character reference letter is essentially a request for a lighter sentence. In other words, the letter explains to a trial court/district court why it should consider in imposing a criminal sentence.
Therefore, you should clearly state in the letter your reasons for leniency. For example, you may want to highlight a defendant’s:
- role in caring and providing for his or her family,
- good character traits or values,
- hardships endured or overcome,
- community service,
- progress towards rehabilitation, and/or
- completion of therapy or substance abuse classes.
4. Can you tell a story or give examples?
Yes. When setting forth your reasons for leniency, try to tell a story or use examples that help paint a favorable picture of the defendant.
For example, if the defendant frequently devotes his/her time to the community, provide specific instances of when the defendant did so. Mention the dates and include details about what the defendant did.
Similarly, do not just mention that a defendant is a devoted parent or has good values. Use a story that drives these points home.
You can go into details about a matter but try not to be overly wordy.
5. Should you provide your contact information?
Yes. You should close your letter with a “Sincerely” or “Thank You.” After signing your letter, include your contact details.
At the minimum, provide your:
- full name,
- email address, and
- phone number.
There are times when a judge may want to verify certain information in a modification letter. Providing your contact information will make it easier for the court to verify your details.
6. Is a leniency letter the same thing as a motion to modify a sentence?
No. A motion for resentencing is brought by a person who has already been convicted and sentenced for a crime. The motion asks the court to reduce or modify a sentence.1
In particular, the motion typically asks a court to:
- reduce prison or jail time,
- allow the defendant to be released from custody, or
- relax the conditions of probation.
The sentencing court will usually decide to change a sentence if:
- a clerical error was made,
- the sentence imposed was illegal, or
- the court committed judicial error.
If you or a loved one is interested in filing a motion, you should consult with a criminal defense attorney.
A skilled lawyer or law firm will know the criminal laws that apply to these motions and the best arguments to make to modify an original sentence.
Most attorneys and firms provide free consultations, meaning you can receive legal advice at no cost.
Further, your communications with a lawyer are protected by the attorney-client relationship. According to this relationship, a lawyer cannot disclose your confidences without first gaining your consent.
Legal References:
- See, for example, California Penal Code 1170 PC.
