I, Erich Johansson of Unit 12/5 Example Street, Redfern, NSW 2016 and Storeperson state: have numbered paragraphs. Type or write the statement by hand on an A4-sized paper. Print your name below your Signature. I was involved in a wreck and had to write down everything that happened. A witness statement is a signed document that records the evidence of a witness. For example, building a house for a needy family or operating a canned-food drive might be seen as indicating good character. You should also understand why, so you can stick to the facts that will be relevant to resolving the contested issues. Copyright 2022 Britton & Time Solicitors. If it can be proven that you lied in an affidavit, you can be prosecuted for perjury. How old are you? Date- /xx/XXXX. Include your telephone number in case the judge wants to speak with you or has any questions regarding the matter. If you have an acquaintance who committed a crime, they may ask you to write a character witness statement. Website by DogFish Design. Avoid phrases expressing your state of mind (e.g. Legal Reader is devoted to protecting consumers. x[onqzE,/=`{)p=EpPz[gHI*r7/nn5{{~C}CfV]_syzY Skip two lines after your Name and Address then, enter the current date. Formulate A Title. The letter is commonly provided in child custody and/or drunk driving (DUI) occurrences but may be used in any situation needed where the court should hear about the personality and reputation of the Defendant in order to have the case drawn in their favor. The body paragraph be your main argument why the recommended individual is a person of high moral character. Its important to be specific and point out how incarceration will affect the defendants family, employment and future life. It also gives the judge more information about who the parent is, how they take care of their child and why they should have custody. When this task is done, make a statement of declaration to recommend this individual to have custody of the concerned Minor or Child.The next paragraph will be the heart of the letter you are composing. The statement must mention and clearly label the supporting evidence. As a result, there will be some requirements that must be met. Before you sign an affidavit form, talk to your friend or relative to ensure you understand the issue at hand. 2 0 obj The Introduction should be made up of one or two statements. What is a witness statement? Since, the recipient has no idea what kind of person the Defendant is outside of this case, we will need to paint a fuller picture. Enter the current Date by writing out the Month then entering the two-digit calendar day and four-digit year.Generally, it is a good idea to note the subject of this letter immediately in the Title. Thus you could simply copy the caption of one of the other documents. To prevent your witness statement from getting lost in the shuffle, you should include the case number and name of the case, if known, toward the top of your statement. I've read some that started out like this, "Well, me and Dippety Doo (that's my cousin) were shooting dice and then Moopy came up and pulled out a gun." There is no standard form for a witness statement, but it should: start with the full name, address and occupation of the person making the statement. Analytical cookies are used to understand how visitors interact with the website. He shares his knowledge and expertise not only with his clients, but also with his fellow bloggers and readers. If the DUI Defendant has mentioned seeking help for a substance abuse problem, make sure to state this intent. At the center of the page, write the name of the case. 8E Thailand. @Grivusangel -- "Dippety Doo." Your IP: Identify if you have any medical conditions that may affect your ability to remember things. Tell us a bit about your matter, and we will get back to you the same day. It is unnecessary to mention anything about your background unless it is relevant to your testimony. The relevant details include your: The body of the witness statement is the crucial stage. Make sure to mention that you believe in this individuals ability to reform as well as abide by the courts ruling. CTRL + SPACE for auto-complete. Explain how the defendant has learned from their mistake, what steps they have taken to change, and that you believe they will not make the same mistake again. Sometimes simply called a character letter, this letter is official legal testimony used as evidence in some child custody cases. These cookies will be stored in your browser only with your consent. Usually it includes the name of the court, the names of the parties, and the case number. The statement must mention and clearly label the supporting evidence. This article has been viewed 117,021 times. You should finalize this letter by using an acceptable closing (i.e. Without any background history of the defendant, a judge can only go on what he or she sees in court and the facts presented regarding the crime. Firstly, the document must be headered witness statement. If there are any questions regarding this content and its length, you may wish to consult the Parent/Guardian or his or her Attorney. Here you will outline the evidence to support the application in court. Get up to $3,345 per month. By clicking Yes, I Accept, you're giving us consent to store your cookies. Use spell- and grammar-checking tools, and proofread carefully. The last paragraph should recapture your first statement and include your desire for this letter to be taken seriously.Finally, use a standard closing (i.e. Share this article with them, along with its downloadable example and template. A formal statement may be referred to as an affidavit. Heres How Filing for Bankruptcy May Affect Your Spouse, How To Find The Value Of Old Money Today (Bills, Notes, Currency). In this example, we shall use a formal Greeting. You may wish to include a statement declaring his or her character in some way. Doing so establishes your relationship with the defendant. Witness statements can be tough, though. These cookies ensure basic functionalities and security features of the website, anonymously. As an example, it is best if you can get someone from the community like a teacher that has seen you grow as a person to write a good reference to the court. At the end of your statement, verify it by writing, "I believe the facts stated in this letter are true to the best of my knowledge.". Begin by telling the judge when you first met the defendant and how long you have known them. stream Remember that you are writing your affidavit under oath. Doing so will lend authenticity to your statement. Stay away from vague statements such as "Dad is an actively involved parent." There are a variety of different kinds of legal statements, such as a motion to dismiss a case, a character reference or a witness statement. By using our site, you agree to our. To write a witness statement you will need to: Clearly identify yourself as the witness. In. When you give testimony, you make an oath attesting to the truth and accuracy of the information you have to give. If appropriate, make sure to mention any strong feelings (i.e. The attorney representing the subject of this letter may have preferences regarding this so make sure to contact them. For example, if a spouse is writing the statement, they may wish to include how long they have been married or living together. Therefore, if youre concerned about making mistakes, dont hesitate to contact a solicitor for assistance or draft the statement on your behalf. To Whom It May Concern. If there is other supporting information that portrays the defendant in a positive way, you should include this in another paragraph. You need to know this so you can include in the affidavit only relevant information. If you know of positive attributes of the. It can turn a productive worker into a problem employee. The case caption contains the basic information surrounding the case, including the case number, the names of involved parties, the state and county, and the name of the courthouse. <>>> Use a previously filed document in the case as a guide for how to format the title, as document-formatting preferences differ from one court to the next. Therefore, our solicitors have broken the process down into four easy to follow stages. 1. Indicate who you are writing this letter for, how you know the individual you are recommending, and how long you have known this individual. For example, if you are the employer of the individual it should state how important they are to the workplace and to plead to the Judge to show leniency in this case. Each parent submits paperwork to the court detailing the arrangements they want, along with evidence to prove that their proposed arrangement is best for the child. He works as a business consultant for InnovateBTS where he helps companies integrate technology to improve performance. Just make sure they have observed you interacting with your child. Identify your ultimate objective Writing A Good Character Witness Statement. Cloudflare Ray ID: 7c092902ef483a60 Enter your Name and Residential Address on the first three lines of this page. <> In criminal cases, this is generally not allowed, as procedure dictates that witnesses . If a jurisdiction requires a specific format, be sure to follow it exactly. If the defendant is a good provider for the family or is devoted to his or her family, bring that up and provide examples. This is typically written as the name of the claimant or plaintiff, identified as such, followed by the word "and," then the name of the defendant, identified as the defendant. At the center of the page, write the name of the case. If your observations are not relevant to anything at issue in the case, they won't be admissible. Here is the best way to write a good character witness statement. Do not write about events that you did not directly see, hear or otherwise perceive yourself. Explain how the defendants incarceration will affect his or her family and employer. It is also imperative that you indicate when this letter was written and submitted. Write a heading in an upper corner of the page. How do I start? If you know of weaknesses, include those as well. Victim impact statements provide an opportunity for panel members to understand how this crime has affected you, your family, and those close to you. In recent years it has been more common to have a psychiatrist oversee the children around the parent and to have them write a formal recommendation to the court. That is, specifically state your desire for this letter to be taken as a serious character reference and what impact you hope it will have. Otherwise, some basic rules will be helpful, such as naming the case and adding the case number on the first page. Tell the judge who you are writing the letter for. Introduction (1 paragraph): State the name of the parent on whose behalf you're writing, explain how you know them and for how long. In writing your witness statement, write one sentence per paragraph. endobj Let the judge know that you are aware of the charges against the defendant. Remember that writing a character reference makes you a witness in the case, so take your role and the letter seriously. That is, the Date you are composing this letter.In some cases, it is a good idea to include a subject line. Subject - Character witness letter. When you know the charges against the defendant it sends the judge a message that you do know what the defendant has done but that you are still willing to write positively about the defendant. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction. Sign up for wikiHow's weekly email newsletter. To write a car accident witness statement, you should write a narrative of what happened before, during, and after the accident. If you want your character reference letter to address substance abuse or a similar issue, you might ask your sponsor or therapist. For instance, after stating why you are writing this letter, state what you believe should happen to the Defendant. You typically don't need to have your letter notarized. A witness statement can help the defense create a more thorough case. You can draft the affidavit yourself, or an attorney may want to do it for you. Common character letter writers include close relatives, friends, co-workers and supervisors. Identify the location of the event you have witnessed. The Greeting should be placed two lines below the Subject Line above. Carefully present your statement examples in pdf. First, you will need to Identify yourself. In other words, you need to explain to the court why you have the standing to speak about a certain issue. Similar to a declaration letter, it's a statement to the judge that supports a parent's requested custody arrangements. Make Your Writing Factual and Detailed. It will also be important to declare your belief. This article contains general legal information but does not constitute professional legal advice for your particular situation. In our example, we shall use the Full Name. An application number and, if applicable, the opposition/cancellation number, The name of the applicant/proprietor that the application is looking to support, The name of the defendant/applicant for cancellation (if applicable). It is also a good idea to mention any relevant the conversations you may have had with the Defendant regarding this turn of events. 3 0 obj You also have the option to opt-out of these cookies. This should be done in the upper left-hand corner of the page. Depending on who you are and how the court views you in consideration to the case it may or may not sway the Judge into using the letter in their final assessment. Perhaps appearing in person would expose you to unnecessary danger, or maybe the distance you would have to travel is insurmountable. These cookies track visitors across websites and collect information to provide customized ads. The conclusion should state the basic idea underlying the introduction and the body of this letter. This firm does not accept service by email. If there is anything the Parent/Guardian is known for in his or her community that demonstrates his or her effectiveness as a positive force (i.e. For example, if you're the child's baseball coach, you might mention that Dad comes to every practice and every game and also helps the team in the dugout. Supply your Full Name, your Residential Street Address, and your City, State, and Zip Code. Sounds like what you hear on "Cops" all the time. If the defendant has done volunteer work in the community, provide names of the organizations and the types of activities he or she participated in. Performance & security by Cloudflare. The court may use the witness evidence to support a partys case. Jennifer Mueller is an in-house legal expert at wikiHow. Jim loves to write, read, pedal around on his electric bike and dream of big things. By Elizabeth Dickey Free evaluation for disability benefits. In some cases, the format may be Last Name, First Name, Case Number while, in others it may be the Case Number first, and still others only the Case Number or the Name. Note: Do not use a P.O. Posted on Nov 4, 2011. A police officer will write down or record what you saw, heard or know. Here you will outline the evidence to support the application in court. They're made by witnesses to: set out evidence to prove the facts alleged by a party in the particulars of claim, defence or other statement of case in civil disputes, satisfy the burden of proof, which is on the balance of probabilities . The letter is generally written by someone familiar with the person in terms of their experience, education, volunteering, employment, and contribution to society. You should make sure to include observations you have made that suggest the hopeful Parent/Guardian will be a positive factor in the Minor or Childs life. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Find out more about how were helping to provide for children and young people with complex neurodisabilities. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. I was still kind of dazed and I wasn't exactly thinking clearly. Under this title, you should include the following details: When making a witness statement, the second stage is to include your details. 2. Sample # 2. Be concise Including too much irrelevant information in a statement can confuse VA and dilute the evidence being provided. The character reference for court is to provide the Judge a family member, friend, or co-worker with a written statement on the Defendants moral or mental qualities. Provide specific examples of good deeds the defendant has done. Your statement will need a title. Under this (usually on the right-hand side) you should insert details of: the application number and, if. You also need to include the location and date that you sign it for purposes of later verification. Due to the nature of a DUI Offense, you may wish to discuss the observed cause and effect of the Defendants behavior and what he or she will do about it. For example, if you were an expert on solar panels asked to testify to the effectiveness of a certain model, you would describe the education and training you have received on photovoltaic technology. Introduce yourself by name and profession. For example, personal knowledge, company records, or others. Attorneys or the defendants themselves may ask you to write a witness statement. When you know the charges against the defendant it sends the judge a message that you do know what the defendant has done but that . Witness statements are usually taken fairly soon after the event, so they're interesting because the witness hasn't had time to "get his story straight," or sufficiently alter his statement to deflect any blame from himself. 4 0 obj The proper form of address for a judge is "To the honorable Judge," followed by their last name. End the statement with the following: Jim Treebold is a North Carolina based writer. You may use traditional, formal court language if you prefer, which is "Comes now [your name], a nonparty, and states as follows:" followed by numbered statements. Many victims have found it helpful to voice how their lives have been impacted by the crime committed against them physically, financially, emotionally and even spiritually. Want to save up to 30% on your monthly bills? How Do I Get a Copy of My Criminal Record. Place your Full Name on the first line, your Street Address on the second line, and your City/State/Zip Code on the third line Skip two lines then enter the current Date. 4 attorney answers. such as love) you may hold for the Defendant. Instead of testifying in court, you would be writing down your testimony and signing it. If you are being asked to write this to help show someones innocence then you should clearly state this. They should be someone who has frequently observed your parenting and who can authentically speak to your character. "I am being asked to sign an affidavit of character in good standing (learned that term here) in a letter form (they. How Much Does It Cost to Change Your Name? Does the defendant refuse to go out drinking with his or her friends or coworkers to spend more time with his or her family. You will need to identify the Defendant as the subject, report how you know the Defendant, and the length of time this relationship has existed. You would answer those questions in first person rather than third person, so it is appropriate to do the same in your written witness statement. Create an outline to organize your ideas. It does not store any personal data. Required fields are marked *. You can email the site owner to let them know you were blocked. Again, be truthful: Conclude by saying how the defendants incarceration will negatively affect their present, their future, their job, and their life. These include dates, times, dollar amounts, makes and models of vehicles, time and speed estimates, distance from objects, and personal descriptions. Oftentimes, the subject will be in a court case and this letter will be submitted by his or her defense attorney directly to the presiding judge. You may be indisposed because of illness or injury. 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