![]() ![]() The letter should be tailored to the specific situation and should reflect the unique beliefs and values of the family member being discussed. It should address the character issues that are being mentioned and should provide relevant facts and evidence to support the claims. Note that since 2010 there is a Commonwealth law to permit the enforcement of unpaid interstate fines.The letter should be written by someone who knows the person well and has observed their character over a period of time. This saves them the expense of an extradition. In other words, a State that wants you for marijuana smoking may be content to wait until you voluntarily return to that State, and come to police attention. States will generally extradite people from one State to another only for fairly serious charges. This can be difficult, and it may be best not to raise the issue. If there is a first instance warrant (for your arrest) in another State, you may have to seek permission from a court to leave jail at the end of a jail sentence. Interstate warrants are more complicated. Police can and do regularly run checks on people (for example, the drivers of cars) to see if there are outstanding warrants. ![]() They usually do not expire or have any time limit. Outstanding warrants (for example, for unpaid fines) maybe used against you at any time. Your referees should say that they are aware of the offence with which you have been charged. In any case, the point is for the person to list your better points, in their own words. A teacher might say you were a thoughtful and considerate person. The court will want to know how long and how well this person knows you.įor example, in a statement your employer might say that you were a trusted worker, punctual and careful. This is a legal rule to prevent cases being decided on prejudice.Ĭharacter references are therefore of most value to those who have no prior convictions, or only minor or irrelevant convictions.Īny person who knows you fairly well can make a character reference, but they usually carry most weight if from a responsible person, such as an employer, teacher, priest, doctor or other professional. And if you do not raise character, the prosecution at trial is generally unable to refer to your previous convictions. If you had three previous convictions for car theft, it would not be sensible for you to 'raise character' at your trial for car theft. The most obvious example of bad character is previous convictions. So, for example, if you are pleading not guilty to a charge of stealing a car, and you decide to call a character witness, you should make sure that there is no obvious evidence of bad character that the prosecution may call in reply. If you don't raise character, the prosecution can't attack your character. ![]() However if you raise it, the prosecution is entitled to call evidence to refute your claim. For example, you may be a person of generally good character, but you did something wrong - or vice versa.īear in mind that only a defendant (or accused) can 'raise character'. 'Character' in the legal sense means your general good disposition, as opposed to any particular bad act you may have committed.
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