22 September 2016
Categories: Law, Blog
There are numerous reasons why you may want to write a letter of apology to your judge after a drug possession charge. Whether you are seeking a more lenient penalty, you want a Section 10 order to avoid a criminal record, or you simply wish to express regret for your actions, writing a sincere letter to your judge could improve your circumstances. If you're unsure of how to proceed, here's a guide to writing a letter that a judge will appreciate.
Step 1: The Formalities
The first thing you need to do is make sure you've handled the usual formalities of a letter of apology. Criminal justice is a profession which is very much formal, so adhering to the protocol will work in your favour. Make sure the letter is legible; writing that's difficult to read will take up the judge's valuable time. For this reason, it's often best to type your letter, unless your penmanship is particularly good. When addressing the letter, make sure you refer to the judge as 'The Honourable Justice' followed by their name, followed by any post-nominal letters (for example, 'The Hon. Justice A. B. Carter AO'). At the beginning of the letter, write 'Dear Judge'. Remember to end the letter with your name, signature, and date of signing.
Step 2: The Apology
After taking care of formalities, begin your letter by apologising for your actions. For example, you may start by saying 'I am writing to you to express my sincere apology for my injudicious decision to buy drugs'. In apologising, it is important that you stress to the judge that you are aware that you, and only you, are responsible for your actions. Do not try to shift the blame onto others, as this will leave the judge wondering if you are really sorry for what you've done. Make sure you also state what you're apologising for. What was the actual or potential impact of your drug possession? An appropriate statement would be something like the following: 'I am sincerely remorseful for the impact that buying drugs has had on my family and community. I now realise that my actions have supported a harmful criminal industry, and could have led to serious health consequences'. You may also consider mentioning how you feel about acting out of character and being arrested. Your feelings may include disappointment and embarrassment.
Step 3: The Character
Why should the judge give you leniency? What aspects of your character and circumstances make you a worthy candidate for special treatment? You should use your next paragraph to explain something about yourself that will make the judge feel like you don't deserve a harsh sentence or a criminal record. If you have never been in trouble with the police before, for example, you may mention that you have worked hard to be an upstanding citizen. If your drug use was incited by a traumatic event like bereavement, now would be the time to mention this. Of course, you should avoid coming across as someone who doesn't feel fully responsible for their behaviour. You also don't want to seem self-pitying, as this can make you come across as someone indulgent who may reoffend. When mentioning any contributing factor like bereavement or peer pressure, remember to stress that buying drugs was an inappropriate reaction to these circumstances and that you now know you could and should have acted differently.
Step 4: The Rectification
Since your arrest, what have you done to rectify the situation or rehabilitate yourself? Have you undergone a drug detox and rehabilitation program? How many days have you been drug-free? Are you currently seeing a psychiatrist? Have you done any community work, such as volunteering at a centre for addicts? This is where you tell the judge how you have aimed to offset the damage you caused by buying drugs. Actions speak louder than words, so any steps you have taken to improve your life and the lives of those around you will show the judge you are serious about your remorse.
Step 5: The Impact
Finally, you should explain to the judge what impact a conviction or harsh sentence would have on your life. Remember that the judge will want to see that your conviction would be detrimental to society, not just to your personal circumstances. As an example, you wouldn't want to say that a prison sentence would ruin your social life. Think about the impact on your family, your career, or your education. For example, you may say that you wish to pursue a medical degree, which you would not be able to do with a criminal record. You may say that you will lose your job if you are convicted, which will leave you unable to provide for your children. This should be your last major statement of the letter. Do not follow up with any pleas for a shorter or revoked sentence; the main aim of your letter is to express sincere remorse, and this will undo your hard work. It is at the judge's discretion whether to amend the consequences of your charge based on your letter.
For more information or assistance, consult with a criminal law attorney.
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