When a person is arrested, it is not a certainty that criminal charges will be filed. The police department of each city (and at the county level the sheriff's department) has the authority to investigate crimes and make arrests. But it is the district attorney's office in each county that actually files criminal charges. This placement of authority in separate agencies serves to protect us against abuses that can arise when government power is concentrated.
In certain cases, letters of reference can be useful in attempting to persuade the district attorney to not press charges, or to dismiss charges that have already been filed. The circumstances that would merit these sorts of letters are varied, but an experienced criminal defense attorney will be able to advise you.
To illustrate, here's an example similar to cases we've defended. One night a man in his early twenties - call him Michael - takes his buddies out joyriding in his car. Michael pulls up to a liquor store and waits outside while his friends go inside. All of a sudden he sees them running from the store with bottles of alcohol that they've just stolen. As Michael's friends climb in the car, he panics and drives away at high speed. The entire incident is recorded by a security camera, however, and within a few days everyone involved is arrested.
Two years go by without the district attorney filing any charges. But then Michael receives notification that he is being charged with theft, conspiracy, and aiding and abetting.
This is where letters of reference can be helpful.
Though Michael at the time of the incident hung out with the wrong crowd, he has since turned things around and is by all accounts a fine person. To document his good character and contributions to the community, he asks four people to write reference letters for him: his father, and his wife, his manager at work, and his pastor. These letters together paint a picture of a man who is vastly different than the person who panicked that evening two years prior. The goal is to have the district attorney see the merit of dismissing the charges, or at least reducing them significantly.
Your reference letters should have these elements:
Format: Typed and dated, addressed to the deputy district attorney handling the case, written in clear and grammatically correct language
Information: The reference's name, address, occupation, and relationship to the person facing charges; specific examples of the defendant's good character and community service; specific ways that the defendant has matured since the incident
Letters of reference can be an effective part of a criminal defense strategy in certain cases. Contact a qualified defense lawyer if you have questions about this process.
