How to Write a Letter to the Judge for Victims of Rape, Domestic Violence, and Child Abuse
By: Women's Justice Center
There are any number of occasions when you as a crime victim or victim advocate may want to write a letter to the judge in the criminal court case. For example, you may want to request that the judge increase the defendant’s bail, or request that the judge not reduce the bail. You may want to request that the judge issue you a criminal protective order (sometimes referred to as a criminal court stay-away order), or that the judge reject a plea bargain, enter or suppress specific evidence to protect your rights, remand the defendant to jail or, in many other ways, make your interests and requests known to the judge and the court. Most people aren’t aware that you can simply submit your letter or note to the judge at any time in the court proceedings.
Below, we provide four examples of different kinds of letters you as a victim or victim advocate, may want to write to the judge in the criminal case. Remember, these letters are just examples, and certainly don’t begin to cover all the possibilities. Before getting to the letters, though, here is some important general information that should help you write a more effective letter.
- Don’t hesitate or feel shy about writing a judge. A big part of the judge’s job on your case is to make sure that all involved are treated fairly and that their rights are protected throughout the case. Since you as the victim are the principle witness in the case, and since you aren’t represented by an attorney, the judge will be especially concerned about you and your needs. So don’t hesitate to write the judge a letter. And don’t feel you have to use formal language.
- Often you can ask the prosecutor on the case to help you with many of the same concerns we listed above. In fact, asking the prosecutor is usually the best place to start. (The prosecutor is also referred to as the assistant or deputy district attorney.) However, the reason there may be times you need to write directly to the judge is because the prosecutor is not your attorney and doesn’t represent you. The prosecutor is the community’s attorney. In addition, the case prosecutor isn’t always available.
There are times, especially at the beginning of the case, when you may not know who the prosecutor is on your case, or you may not be able to get a hold of the prosecutor. Also, because the prosecutor is not your attorney, there are times when the prosecutor may act apart from, or even against, your interests. It’s at any of these times that you might need to assert your own interests and needs directly to the judge. And the best way to do that is through a short, concise letter or note.
- Make your letter short, simple, and legible. Try to limit your letter to one page so the judge can read it quickly. Your letter can be hand written, if you wish, and you can write it in the language in which you best express your thoughts. Remember that criminal court judges have professional interpreters available to them at all times. So don’t worry if you write your letter in a language other than English.
- Make sure your letter includes your printed name, your written signature, your date of birth, the date you are writing the letter, and the name or number of the case. (If you don’t know the number of the case simply refer to the case as “People vs. Name of Defendant.) All these things are necessary to validate and verify your letter to the court. It’s also best if you know the judge’s name too, but it’s not essential. And it’s a good idea to inform the judge that you are willing to testify in the case. This will make the judge take your requests and interests more seriously.
- Don’t present case evidence in your letter to the judge. Most judges will stop reading the letter if you do. (See letter number four for more discussion of this issue.) In fact, it’s always a good idea to state your purpose very clearly at the beginning of the letter so the judge won’t have to be concerned that you’re about to present evidence. Stating your purpose clearly at the beginning of the letter also makes your letter much easier to read.
- The best time to present your letter to the judge is when the judge calls the case; that means when the court turns it’s attention to the case. Just hand the letter to the bailiff or to the court clerk and ask that the letter be handed to the judge. If you are unable to be in court, you can have a victim advocate or a friend take the letter in for you.
You can also send your letter to the judge through the mail. But often there isn’t time.
- Try to make at least five copies of your letter before taking it into the court. You need to be aware that the letter you give to the judge will also be given to the prosecutor, to the defense attorney, and if the case involves a violation of probation, your letter will also be handed to the probation officer on the case. ALWAYS, make and keep a copy of the letter for yourself!
The Following Sample Letters Are All Fictitious.
Sample Letter Number One; Victim Request to the Judge Regarding Bail Increase and for a Criminal Protective Order
One of the most likely times you’ll want to write to the judge is right at the beginning of the case when the defendant is arraigned or during a bail reduction hearing, both of which usually occur within a week after the suspect is arrested. At these times, the judge usually hasn’t yet heard any of the facts of the case, and the prosecutor often isn’t fully informed either. As the victim, you are likely still traumatized and very fearful. You don’t have to attend these hearings, and you probably don’t want to. At the same time you may want the judge to know how fearful you are, and you may want to ask the judge to protect you as best as possible. Your letter can be delivered to the court by a friend or an advocate. Here’s an example of one such letter.
May 1, 2005
Dear Judge Watson,
I am the victim in the domestic violence case of People vs. Ray Johnson. I am willing to testify in this case.
I’m requesting that you please don’t reduce the defendant’s bail. I’m also requesting that you issue a criminal protective order ordering that Mr. Johnson have no contact with me or with our children. My children were present when Mr. Johnson beat me and threatened to kill me two days ago. Mr. Johnson also said if I ever called the police he would take the children and I would never see them again.
I am very afraid of him and believe he is capable of carrying out his threats. He has been violent towards me and the children for the last two years, and every beating is worse than the one before. Please don’t reduce his bail. Please grant a criminal protective order for myself and my children.
Thank you.
Respectfully,
Victim Signature
Victim Printed Name
Victim Date of Birth
Sample Letter Number Two; Request to the Judge to Reject the Plea Bargain in the Case
Plea bargains are an everyday part of the American criminal justice system. A plea bargains is a negotiated deal between the prosecutor, the defendant, and the court in which the prosecutor offers the defendant lesser charges in exchange for a guilty plea in order to circumvent having to go to trial. Just because the prosecutor offers a deal in your case doesn’t mean that justice isn’t being served. There are times, however, when a prosecutor offers the defendant a deal that so minimizes the crime committed against you that the deal itself is an obvious insult and injustice to you and the community. Sometimes prosecutors offer these “give-away” deals because they are just too lazy to properly prosecute the case, and sometimes they do it because they are sexist, and they don’t take violence against women seriously. If you feel that the prosecutor on your cas