Character Reference for the Court: Drug Offences

A well-crafted character reference gains particular significance in the context of drug offences, offering the court a profound understanding of the individual's character, rehabilitation efforts, and commitment to ethical change.

At Faraj Defence Lawyers, we leverage our expertise to assist you or your loved ones in constructing a persuasive character reference tailored to drug-related legal predicaments, aiming to positively influence the court's judgement in your favour. 

This guide will delve into the essence of a character reference specific to drug offences and provide the critical dos and don'ts of crafting a character reference that resonates with the court. Below we outline the key components of this guide:

• Sample character reference for the court for drug offences 

• Who can write a character reference 

• What to include & things to avoid saying in a character reference 

• Writing tips for character references 

How to structure a character reference for drug offences (Template + Sample)

Letterhead: i.e. CDE Pty Ltd ‍Date: _/_/_‍

‍To: Presiding Judge or Magistrate 
(Name specific court you will be attending)

‍Introduce yourself by stating your name, address, and profession. This establishes your identity and credibility. This information is crucial as it establishes who you are, your background, and potentially your standing in the community. This section is key for the court to gauge the reliability and relevance of your reference based on your own standing and credibility.

‍“My name is (insert name) residing at (address). I am a (profession, e.g. teacher, manager) at (specific company).....”

‍Clearly state how long and in what context you have known the person. This could be through work, community involvement, or personal relationship. 

‍“I have known (defendant's name) for (number) years/months. Our acquaintance began during my time working for (specific company), in which I regularly interacted and gained a close friendship with..”

‍Acknowledge the drug charges without going into detail. Mention your perception of the person’s feelings about the charge. Instead, focus on your understanding of the person's emotional and psychological response to the charges.

‍“I understand that (the defendant) has to attend court about a drug charge. He/she is very upset about the charge and I believe they are extremely sorry for the crime they have committed….”

‍This part of the letter provides context to the accused's situation, helping the court understand any external factors that may have influenced their behaviour. It's important to describe any significant personal, financial, or emotional challenges they are facing, such as health issues in the family, financial strain, or other life stressors, which may have led to the drug use or drug related crimes. While it's crucial to provide this context, ensure that it doesn't come across as making excuses for their actions. Instead, focus on how these challenges have impacted their life and decision-making. 

‍“He/she has been under stress due to their (specific situation, e.g. mother's difficult battle with cancer’). Even though they have been charged with (specific charge, e.g. drug possession) I would continue to trust (defendant) …”

Share your honest opinion about the person’s character. Focus on positive traits and, if applicable, their usual behaviour compared to the nature of the charges. It's important to relate these traits to your personal experiences or observations to add authenticity to your statements. If the charges against the person seem out of character, state this and explain why. 

‍“I can say throughout the years I have known (defendant) that her/his character has consistently displayed traits such as, having a strong work ethic, reliability and trustworthiness, and an overall respectful demeanour towards myself and the community. I believe that any behaviour he/she displayed that caused he/she to be charged with (crime) was a one-off event…”

Conclude by offering to provide further information if the court would like you to provide evidence about the contents of this letter, and sign off respectfully. 

‍“I am happy to discuss this reference and can be contacted on (include your phone number here). ‍

‍Yours faithfully, 
(Signature) 
(your name).”

‍Remember, each part of the letter should provide a clear and concise view of your relationship with the person, your understanding of their situation, and your honest opinion of their character. This template serves as a guideline, feel free to adjust the content to suit the specific circumstances and your personal knowledge of the individual in question.

Who Can Write a Character Reference?

When composing a character reference for drug-related offences, the credibility and the connection between the author and the defendant become crucial factors. It is optimal for the author to hold a respected position within the community and share a close, either personal or professional, bond with the individual facing legal proceedings. 

This ensures that the reference can offer authentic perspectives on the character and ethical values of the person involved. The following are individuals typically deemed appropriate for crafting a character reference in cases related to drug offences:

Family friend

When drafting a character reference for a court case involving drug offences, a family friend must showcase a profound and personal comprehension of the accused. This reference should portray an intimate familiarity with the individual, offering insights into their character and behaviour both at home and within the community. 

It should highlight the defendant's integrity, kindness, and positive interactions, providing the court with a comprehensive view of the accused's character in the context of drug-related legal proceedings.

Community member or volunteer

Character references from community members or volunteers can have a substantial impact, particularly in drug-related cases where the accused is actively involved in community work, such as charity or sporting events. When an individual from these sectors pens a reference, it enhances the portrayal of the accused as a contributing and valuable member of society. 

Employer

In drug offence cases, an employer's character reference carries significant weight, especially when employment status or the potential impact of a licence disqualification is under consideration. Employers should furnish detailed information about the accused's role within the organisation, their work ethic, and any contributions they've made. It's crucial to discuss the potential ramifications of legal outcomes on their employment, particularly if their job involves responsibilities such as driving or specific certifications. This reference should depict the individual's professional demeanour, reliability, and value as an employee, emphasising any commitment to rehabilitation and personal growth.

Professional colleague

When composing a character reference for a professional colleague involved in drug-related legal proceedings, the focus should be on their professional demeanour and achievements. The reference should clearly delineate the nature of the working relationship, specifying how long the colleague has known the accused and in what capacity. 

Key aspects to highlight include the individual's professional ethics, contributions to the workplace, teamwork capabilities, and any notable achievements. This type of reference aims to provide the court with a comprehensive understanding of the accused's professional character, emphasising traits such as responsibility, integrity, and dedication in their professional life amidst the context of drug offences.

What to include in a Character Reference drug offence?

When drafting a character reference letter, it's crucial to provide a comprehensive and honest portrayal of the individual in question. This letter should reflect a formal tone while offering a sincere and personal perspective on the character of the person facing the drug charges. Here are key elements to include:

Addressing Uncharacteristic Behaviour:

Clearly state that the drug offence is inconsistent with the individual's usual conduct. Provide context, citing extenuating circumstances like mental health issues or external factors such as poverty, stress, or marital difficulties

First Offence or Repeat Incident:

Specify whether the drug offence is the individual's first or part of a pattern. Highlight positive aspects of their character to balance the severity of the charges.

Openness to Rehabilitation:

Emphasise the person's willingness to engage in rehabilitation efforts. Outline ongoing participation in rehabilitation programs, illustrating a commitment to overcoming drug-related challenges.

Involvement in Specialised Programs:

If applicable, mention participation in specific rehabilitation and drug programs like MERIT or any other drug related rehabilitation program. Showcase how these programs reflect a proactive approach to addressing and rectifying involvement in drug-related activities.

Highlighting Positive Traits and Contributions:

Illuminate personal and community contributions, emphasising positive qualities. Showcase instances of community service, volunteer work, professional achievements, or positive impacts on others.

Explanation of External Factors:

Briefly explain external factors contributing to the individual's involvement in drug offences. Provide insights into socio-economic challenges, familial stressors, or mental health struggles influencing their actions.

Expression of Remorse and Accountability:

Convey the person's remorse and steps taken to make amends. Illustrate accountability through actions like counselling and/or genuine regret for the consequences.

What to exclude in a character reference for Drug Offence?

When composing a character reference for a defendant facing a drug charge, it's essential to exclude certain elements to maintain the relevance and appropriateness of the reference. Here are some pointers on what to exclude and the reasons behind it: 

• Avoid Addressing the Court Directly: The writer should not address the court or introduce themselves in the reference as if they are speaking directly to the judge or magistrate. The reference is a document about the offender, not a personal communication to the court.

• Avoid Unnecessary Personal Details: While it’s important to establish the nature of your relationship with the offender, avoid delving into unnecessary personal details. The focus should remain on the offender's character and actions, not on the personal life of the writer.

• Do Not Suggest Penalties or Sentencing: It is not the role of the character reference to suggest what penalty the offender should receive. This decision is solely at the discretion of the magistrate or judge.

• Refrain from Making Promises or Excuses: The reference should not include promises about the offender's future behaviour or make excuses for their past actions. It is important to remain factual and not speculate about future conduct.

• Do not Contradict facts of the Case: The reference should not include statements that contradict the known facts of the case or the offender's own admissions.

Writing Tips for the Character Reference Letter

In crafting a character reference letter for individuals facing drug-related charges, meticulous attention to detail becomes paramount to ensure its effectiveness and relevance to the specific case at hand. As you undertake this responsibility, the following writing tips serve as guiding principles to articulate the positive aspects of the defendant's character within the context of drug offences:

• Use an Official Letterhead: If you have access to an official letterhead, particularly if you're writing in a professional capacity, use it. It adds a level of formality and credibility to your letter.

• Start with Positive Qualities: Begin your letter by immediately highlighting the defendant’s positive qualities. This sets a constructive tone for the rest of the letter.

• Keep it Relevant to the Case at Hand: Ensure that the contents of your letter are relevant to the specific drug case. Tailor your examples and insights to be pertinent to the charges and the individual's character in that context.

• Stick to the Facts: Focus on factual information and firsthand observations. Avoid hearsay or assumptions, as these can undermine the reliability of your reference.

• Use a Respectful Tone: Maintain a respectful and formal tone throughout the letter. Remember that this document will be read by judicial professionals and should reflect a suitable level of respect for the court and its processes.

• Avoid Making Promises of Future Behavior of the Defendant: Refrain from making predictions or promises about the defendant’s future actions. Your focus should be on the present and past character and actions of the individual.

Need Character References for different offences?

Character references for court cases vary significantly depending on the nature of the offence. Each type of offence brings its own nuances and considerations that need to be addressed in the character reference. Understanding these details is crucial for creating a reference that is both relevant and impactful for the specific case. Explore our Character Reference Guides for other common offences:

• Character Reference for Assault and Domestic Violence Offences

• Character Reference for Driving and Trafic Offences

• Character Reference for Drink Driving Offences

How can Faraj Defence Lawyers Help?

Faraj Defence Lawyers is committed to providing valuable assistance in the creation of a compelling character reference for court, specifically tailored to address drink driving charges. Our experienced team understands the critical role this document plays in legal proceedings. 

We offer personalised advice, while also recognizing the unique aspects of each individual case and ensuring the character reference is strategically crafted to make a positive impact during your court proceeding. If you have concerns or questions, our team is readily available to address them, guiding you through the process and instilling confidence in the content of your character reference. 

In cases surrounding drink driving offences a character reference becomes more than just a legal formality - it becomes a lifeline for the accused. If you require assistance writing character references for the court, reach out to our team for a free initial consultation by calling us at (02) 8896 6034 or email us at af@farajdefencelawyers.com.au.