Will Character References Really Help Me If I’m Pleading Guilty to a Drug Offence?

Lawyers often recommend that their clients collect two or three character references before going to court, but what can it actually achieve for you?

If you are pleading guilty to a drug charge like drug possession or small drug supply, getting character references is one of many things you can to do to help persuade the magistrate to treat you more leniently, and it may even help convince the court not to record a conviction against you at all.

A character reference is often most effective for those who are pleading guilty to fairly minor drug offences, and do not have any (or any significant) previous criminal convictions.

But just because you had a previous run-in with the law, it does not mean you cannot still benefit from character references, especially if the previous offences were of a different kind.

A magistrate will of course take your past offences into consideration, but having a character reference or two (or three!) could lead to a less severe penalty being imposed.

In fact, if you plan on pleading guilty to any criminal offence, character references are unlikely to do you any harm – provided that they are drafted in the right way which means that whoever drafts your reference should state that they aware you are pleading guilty to the particular charge and they are aware that the offence is serious.

They should also make reference to any past offences that you committed.

Many people, when facing drug charges for the first time, may not know what to do next.

Perhaps the evidence against you is clear-cut and you decide to plead guilty and ‘accept your fate’.

But this does not mean you have to just wait and see what will happen in court.

There are several steps you can take before you get to court to help you feel more confident and to give yourself the best chance of a successful outcome in court.

One way you can help proceedings pan out a little in your favour is to show the magistrate that you accept responsibility for your actions and that you are generally a person of good character, apart from the unfortunate lapse in judgment when you chose to break the law.

The best way to do this is to get people who know you well to give you good character references.

Another way is to draft a ‘letter of apology’ to the court which expresses your remorse, accepts full responsibility, talks about what you’ve done or learnt since committing the offence and even talks about the effect of a criminal record or harsh penalty upon you.

During your ‘sentencing date’ in court, the magistrate will have a range of penalties that they can hand down.

While the nature of the offence itself is very important, your character and any steps you’ve taken since the offence itself can also be taken into account.

For example, if it was your first offence, and your behaviour since the accident has demonstrated that you are remorseful and take responsibility for your actions, this will act in your favour.

Apart from getting character references and writing a letter of apology, seeing a counsellor and getting a letter of attendance may also assist the magistrate to feel comfortable that you deserve to be given a second chance.

Under the Crimes (Sentencing Procedure) Act, the sentencing magistrate can consider things like whether or not you are a person of good character, whether or not you show remorse for the offence, your likelihood of reoffending and the events leading up to the offence itself.

Who should I get to write a character reference?

The person or people who write you a character reference could be an employer or colleague, a friend who has known you for some time (eg 12 months or more), a business associate, a religious leader or someone else who knows you well.

It’s best not to get references from immediate members of your family, as some magistrates may form a view that your family will of course stick up for you whatever you may have done.

Whoever you choose, they must know about the offence that you have committed, and they should also be told of any past offences.

If you have disclosed your offence/s right away to the person who writes your reference, this could look even better to the magistrate.

It can be very difficult and embarrassing to admit your offence/s to your workmates or those who are close to you.

But if you decide to take responsibility and own up to it, this could well work to your advantage in court.

What should be included in the character reference?

A character reference should be addressed ‘To the Presiding Magistrate’ (Local Court) or ‘To the Presiding Judge’ (District or Supreme Court), and should generally include:

• The name and occupation of the person giving the reference (the ‘referee’);
• How long the referee has known you, and in what capacity ( eg for 12 months as his work colleague);
• A statement to say that they you are a person of good character, giving examples if possible;
• A statement that your referee knows you are pleading guilty to the offence and, if applicable, that they are aware of any past offences. The type/s of offence/s should be stated;
• A statement that you have demonstrated your remorse and taken responsibility for your actions,
• Any information about positive changes you are making in your life now, and that they believe you are unlikely to reoffend. This may include a statement that you have looked into the harm that drugs cause to people and to the community and have thoroughly learnt your lesson.
• Where applicable, a statement about how a criminal conviction or harsh penalty may affect you.

References should be signed and dated and, where possible, be typed and on a letterhead.

If you or your referee is unsure how a reference should look, you can take a look at a sample character reference here.

And while character references can be beneficial, they are just one step that you can take to maximise your chances of achieving a successful result in court.’

For the full picture of what may be obtained in your case, speak to a specialist drug lawyer who has experience dealing with plenty of cases like yours.

Even if you can’t afford a lawyer to represent you in court, many law firms offer a free first appointment where you can be pointed in the right direction about how to prepare for court and be given a heads up on what is likely to happen in the courtroom.