Questions and Professional Answers

• A character reference letter for a sentence hearing.

  How do I receive assistants or reference material on how to write a character reference letter for a family facing assault charges?

  • Re: A character reference letter for a sentence hearing.

    It's really quite simple. Think about what you would like the judge to know about the persons being sentenced, such as accomplishments, service to the community, church affiliations, good reputation, etc. Then just get in in print and signed by the writer.Nancy L. Moore

    Nancy Moore
    Nancy L. Moore, Esq.
    15357 Farmington Road
    Livonia, MI 48154

• Character of Reference Letter - Written on County Letterhead

  An co-worker was arrested on a personel matter and asked me to write a Character of Reference Letter on her behalf to help assemble information that may be used in preparing her defense.I am in a management position within County Government and I wrote the letter on County Letterhead. Her court case has since be heard and the charges were dismissed.The Department Head has a copy of the letter I wrote, and told me that he had told all management personnel in this office that they are not to write a Character of Reference Letter for this Employee, as he wanted her to be convicted and then he could fire her. He did admitt that he forgot to tell me not to write a letter.The Department Head now would like to enact a disciplinary action on me for writing this letter on County Letterhead. He told me that I should get a attorney as he felt that I had no legal right to write the letter using Letterhead, and that he would enact the maximum disciplinary action he could.Is there a Law that states when Letterhead can and can not be used? Should I get an attorney? If so, what type?

  • Re: Character of Reference Letter - Written on County Letterhead

    Since your boss is threatening you with serious disciplinary action, you should consult an employment attorney in your area. There is no statutory law regarding use of your employer's letterhead, but there may be local rules that apply. A proper evaluation of your situation requires a review of several factors, including the practice in your office, whether you had prior notice of the rule, and what recourse you have under the County's rules for appealing adverse actions against you.

    Paul Crost
    Reich, Adell, Crost & Cvitan
    501 Shatto Pl. Ste 100
    Los Angeles, CA 90020

• Character Reference

  A friend has been arrested on drug dealing charges because she was living with someone who was dealing. Her and her family swear that she did not know about the actions of her boyfriend and was only arrested because she was at the house at the time of his arrest. They are asking me to write a character reference for the preliminary hearing. I am a teacher and am hesitant to have my name associated with this type of case because it was a very large arrest to break up a cocaine ring. I have not seen this person in 2+ years and I do not want to have to testify should the case go to trial. At the same time though, I want to help a friend out if I can, since it seems she was innocent.Would you recommend staying out of the case? Could they call me to testify even if I dont send in a letter? Would the letter even help if I hadnt seen her in 2 years? Thank you.

  • Re: Character Reference

    An attorney asking for reference letters at the preliminary hearing may well be misguided. I have never heard of a reference letter being used at a preliminary hearing. Perhaps your friend needs a more experienced attorney.For more information, go to: www.AggressiveCriminalDefense.com

    Charles Kronzek
    Kronzek & Cronkright P.L.L.C.
    Main office - 420 S. Waverly Road Suite 100
    Lansing, MI 48917

  • Re: Character Reference

    Stay out of it entirely. For any number of reasons (including you being called as a witness), your reputation and employment will suffer.Don't get sucked into this!

    William Morrison
    Action Defense Center
    4000 Livernois, Suite 140
    Troy, MI 48098-4712

  • Re: Character Reference

    A "reference letter" is inadmissible in a court hearing at this stage of the proceedings. It might become part of the documents that the judge reviews at the sentencing hearing, but certainly will NOT be admissible in lieu of live testimony by relevant witnesses at a district court preliminary examination, or at a district or circuit court trial.If you have not seen this person in 2-1/2 years, can you really say that you "know" the person and how he/she is "now"? I doubt that that kind of "historical reference letter" would be given much weight by a sentencing judge. People change ... and sometimes very quickly, especially when drugs are involved.You also seem to be jumping to conclusions about what your estranged friend truly knew ... and what she (and her family) is (are) TELLING you she knew. People can turn a blind eye when it involves people they are involved with. If the boyfriend was involved in drug trafficking in the home they lived in, another adult would have to be pretty blind, deaf and stupid to NOT know what was going on. But, then again, anything is possible ...

    Neil O'Brien
    Sr. Assistant Eaton County Prosecuting Attorney
    1045 Independence Blvd
    Charlotte, MI 48813

• Character letter.

  The husband of one of my employees was recently deported to Mexico because he was here illegally and got into some sort of problem with the law...drinking was involved...I do not know the whole story. My employee want me to write a letter as a character reference. I know him and I think he is good man and a good father. I did not know he was here illegally, my employee is not. They have three daughters....all very nice girls, one who also works for me. I would be willing to give him a job and would like to know if that is something I should put in the letter. I am not familiar with the legal process for getting a work permit or whether or not this letter would be futile, given the fact that he was arrested (or at least was in jail and then deported). Is there even any chance that he would be allowed to return to the U.S.?Apparently he was here illegally for at least 10 years. I have known him and his family for 3 1/2. I own a restaurant and would be happy to give him a job. I know he has helped his wife, who has cleaned my restaurant and been a dishwasher for me for that long. Is there something else I could put into the letter that might help?

  • Re: Character letter.

    As a general rule, deportation poses a bar to re-entry and obtaining a work permit for a period of years. Overstay alone of one year can make the person inadmissible (unable to enter legally) as a general rule for ten years. There is a possibility to obtain a waiver (a type of pardon) for someone who has a US citizen or permanent spouse and/or certain family members in the same category who will suffer substantial hardship because of the family division and separation, but such matters require a detailed analysis of the facts and skilled legal advice from a qualified immigration lawyer with deportation experience. There are many variables, including the nature of the offense that led to deportation, the history of the prior entries into the US, and the legal status of the relatives remaining here: if they are permanent residents and not citizens, it may be a long time in any event before a visa becomes available to the husband/father, during which time he may be required to wait outside the US in any event, even if he is able to overcome the inadmissibility bar.Writing a character reference letter stating that you are willing to offer employment if the husband were allowed to return legally and was eligible for work authorization is appropriate and probably will earn the gratitude of the family; but alone it probably will not affect the outcome of the situation significantly. Probably a more effective way of helping in the short run is to encourage the family to seek the help of a qualified lawyer on the possibility of obtaining a waiver and legal re-entry.No attorney-client relationship is created by this exchange of postings and this is not legal advice. Best of luck to your employee and her family.Messing Law Offices website: http://www.messinglawoffices.com

    John Messing
    Messing Law Offices, PLC
    5151 E. Broadway Blvd., Suite 1600
    Tucson, AZ 85711

• defamation of character, slander

  My former employer told me to use her as a reference for a new job, then when they called her, she gave me a bad reference and lied about the reason I quit. what can I do. This has really effected my job hunting.

  • Re: defamation of character, slander

    You can bring a civil action for defamation as well as under tort law. You should discuss your situation in more detail with an attorney to ascertain the best way to proceed. I can be reached at ad@bdlegal.com, if you would like to contact me.

    Andrew Dutkanych
    Biesecker & Dutkanych
    8888 Keystone Crossing, Suite 1300
    Indianapolis, IN 46240

• Letter of Character

  Can I write a letter of character for a person to give to the prosecuter at his trial? He robbed a restaurant.

  • Re: Letter of Character

    After the trial, for use in sentencing if there is a conviction, it is proper to write a character reference letter to the Presiding Judge with a copy to defense counsel and the prosecutor.

    Charles Aspinwall
    Charles S. Aspinwall, J.D., LLC
    PO Bx 984
    Los Lunas, NM 87031-0984

• A Very, Very Unusual Question

  I retained an attorney for (2) personal injury cases. When the cases closed, I wanted to keep in contact with this attorney as I felt that he became a friend of mine. We had a good rapport. He even gave me a very nice letter of reference, a character reference that I could present to a prospective employer. When the cases did close, his secretary gave me the impression that she did not want me to try to contact him. I asked him about it and he told me that she felt I took up too much of his time and that I should no longer be permitted to contact him. He did say it was o.k. that I still do keep in touch. Last Christmas, I called to wish him a happy holiday, and she slammed down the phone on me. I then sent him a certified letter to his residence and he refused to accept it. I feel that I have lost his friendship due to this secretary. Aside from the fact that this behavior on her part is insulting to me and demeaning, is there anything unethical about an attorney blocking out a former client? What if I had to contact him about something in reference to the cases? Also, her hostility to me is so severe that is is frightening. Is there anything at all that I can do about this? Please, please respond to me. I feel so badly.

  • Re: A Very, Very Unusual Question

    confused please call

    John Kubasch
    The Kubasch Law Group
    P.O. Box 15342
    Scottsdale, AZ 85267-5342

• character refrence letter

  Hello, i have been asked by the mother of a former boyfriend to write a character refrence letter for his umcoming trial. i really dont have anything good to say about him, as he was abusive. he is on trial for 3 counts of domestice assault over the last 20 years. what are the chances that if i write a letter highlighting the few good things about him that will be called as a witness in the trial? also how much of a difference will the letter really make?

  • : character refrence letter

    Letter of reference cannot be introduced at trial. The only time they can be used is during the sentencing phase. Most people do not realize this.If I can be of assistance, contact me.

    henry lebensbaum
    Law Offices of Henry Lebensbaum (978-749-3606)
    300 Brickstone Square, Suite 201
    Andover, MA 01810

• past employer slander to my character

  my past empyler gave a very derogatory character reference, I was not able to get the new job due to this. But was told a few days before I pretty much had the job. There are some othe issued related to this employer, regarding harrassmnet towards me. Do I have any legalaties against her?

  • Re: past employer slander to my character

    Assuming your employer is wrongfully maligning you, you do have a cause of action. The problem is proving it.You should contact an employment law specialist ASAP.

    Jonathan Roth
    Donovan Hatem LLP
    Two Seaport Lane 8th floor
    Boston, MA 02210

• bad job reference

  My husband applied for a new job and when they called one of his previous employers - a municipality, he was in the public works/road department - they gave a bad reference and stated that ''he abused his workers compensation benefits''. This is not true. He was there for 14 years and he did have a few work related injuries - the biggest when he was hit by another driver while on town business in a town vehicle and consequently, he needed two knee surgeries. But, he never abused his workers comp or filed any false claims. I consider this slander or defamation of character. Is there anything we can do about this reference?

  • Re: bad job reference

    Absolutely. Hire a lawyer and sue. Most employers know not to do this, so who gave the bad reference has just opened up the ex-employer to significant liability. Especialy since your husband clearly lost the job because of the bad reference. You've got what sounds like an excellent case, particularly in this economy, where you can't afford to lose a good job. Definitely go for it, but try to take the name and position of the person who gave the bad reference, as well as get a statement in writing from the would-be employer as to the reason you did not get the job. Also ask, if they would reconsider their position if the referenc was found to be a clear falsehood.

    Regina Mullen
    Legal Data Services, PLC
    
    Redmond, WA 48103