Any Solicitors Here?
Discussion
I have been asked to be a character witness for a friend who is awaiting trial for a serious offence which could see him get life if convicted. My question is, what can i expect to happen if i decide to do this? What exactly is envolved for me & what can i expect to be asked etc?
Many thanks.
Many thanks.
Not a solicitor but married to one. From my understanding it is unlikely that you will even appear in court as, generally, these are written and submitted to the court. 
All that they are looking for is someone to say, "Damned fine fellow, never so much as looked the wrong way before."
Can't see that a character reference from a mate will do much good if he is facing life though. A bit like the finger in the dam.
Got to ask, what did he do?
All that they are looking for is someone to say, "Damned fine fellow, never so much as looked the wrong way before."
Can't see that a character reference from a mate will do much good if he is facing life though. A bit like the finger in the dam.
Got to ask, what did he do?
markcjd said:
it is unlikely that you will even appear in court as, generally, these are written and submitted to the court.
All that they are looking for is someone to say, "Damned fine fellow, never so much as looked the wrong way before."
All that they are looking for is someone to say, "Damned fine fellow, never so much as looked the wrong way before."
Not likely to carry a huge amount of weight from a mate but if he's got enough people who all say the same thing (i.e. that he's a top bloke and couldn't have possibly commited the crime) then it may make a difference. They may also be taken into account on sentencing as well as conviction.HTH.
boobles said:
Many thanks. I cant say anything about the case because he is still on remand on it would be wrong for me to do so. He has been accused of a serious crime & awaiting trial. The only reason why i would help is because i am not convinced that he could be capable of doing such a thing.
surely your thinking about it too much. If he is of genuinely good character then you should have no reservations about saying this in court- it is not for you to make a judgement as to his innocence and thus decide not to help him- it is for the court to decide his innocence or not!
boobles said:
The only reason why i would help is because i am not convinced that he could be capable of doing such a thing.
I knew a chap who was convicted of 2 murders and a serious assault. I wouldn't have said he was capable of it in a million years (physically apart from anything else - 5,4" and 60kgs max).But, he did it.
IIRC he was caught a couple of days later and confessed all. His diaries were found where he mentioned planning the murder and other things - he's now residing in a secure (mental) institution.
Not to dissuade you from providing a character witness at all, but please do be prepared for the worst. People can be surprising. To say the least.
/end depressing post
I did this for a friend - he was up for "causing death by dangerous driving whilst under the influence of drugs or drink" (thats a mouthful)
He was already pleading guilty and the character witness was just a written statement from me. I think they all get put together and handed to the judge for him to take into account when sentancing.
I never heard anything more about it once i'd submitted it.
He was already pleading guilty and the character witness was just a written statement from me. I think they all get put together and handed to the judge for him to take into account when sentancing.
I never heard anything more about it once i'd submitted it.
Edited by dan1981 on Monday 8th September 14:32
Character witness perform one of two functions:
1. To comment upon how gentle/honest/trustworthy a person is for the purpose of persuading a jury to reach a not guilty verdict.
or.....
2. To comment upon how gentle/honest/trustworthy/charitable/reliable a person is for the purpose of encouraging a judge to impose a more lenient sentence following a guilty plea or conviction.
Generally the former will be asked to provide a formal written statement which might be read to the jury, or the witness may be called to give the same evidence live. If called live, the witness may be cross examined by prosecution counsel to test the veracity of their evidence.
The latter are much like the reference that you would attach to a job application. Something along the following lines:
"Fred is a hardworking chap who has been a dedicated priest for twenty years. I am shocked and dismayed to hear that he put his finger up that choirboy's bottom, because he is a trustworthy chap who can always be relied upon to give a helping hand with the boy scouts."
Sounds like the OP has been asked to be a character witness at trial. Fairly unlikely to end up in the witness box, but it does happen.
Just be absolutely honest.
1. To comment upon how gentle/honest/trustworthy a person is for the purpose of persuading a jury to reach a not guilty verdict.
or.....
2. To comment upon how gentle/honest/trustworthy/charitable/reliable a person is for the purpose of encouraging a judge to impose a more lenient sentence following a guilty plea or conviction.
Generally the former will be asked to provide a formal written statement which might be read to the jury, or the witness may be called to give the same evidence live. If called live, the witness may be cross examined by prosecution counsel to test the veracity of their evidence.
The latter are much like the reference that you would attach to a job application. Something along the following lines:
"Fred is a hardworking chap who has been a dedicated priest for twenty years. I am shocked and dismayed to hear that he put his finger up that choirboy's bottom, because he is a trustworthy chap who can always be relied upon to give a helping hand with the boy scouts."
Sounds like the OP has been asked to be a character witness at trial. Fairly unlikely to end up in the witness box, but it does happen.
Just be absolutely honest.
"Fred is a hardworking chap who has been a dedicated priest for twenty years. I am shocked and dismayed to hear that he put his finger up that choirboy's bottom, because he is a trustworthy chap who can always be relied upon to give a helping hand with the boy scouts."
Are you working on this case by anychance?
Appreciate the advice.
IANAL, however I was a character witness for a good friend of mine a few years ago, he was up for a racially agrevated assault connected with probably the highest profile race crime this country has ever seen (his charge was a complete farce though) and was looking at 18 months. He asked me, as contry to popular belief I can actually be presented as pretty respectable. His barrister briefed me roughly on what to expect and I had submitted a written character statement prior to the trial, I was asked to appear in court as was his other character witness who was a coloured family friend. My role was to stand in the box and get sworn in, I then gave a brief introduction as to who I was and what I did (dressed up as well as possible, company director of x sized company etc, former military officer etc etc the general stuff) I then said how I knew the accussed and how long I'd know him and his family, what our relationship was and how much contact i had with him. I then gave a statement as to how I viewed his character and if I believed that the person I knew would ever get involved with what he was accused of or if I'd ever seen tendacies to indicate prior behaviour.
The other character witness concentrated more on the racial aspect, how she had always been welcomed and treated with respect, and how she had never witnessed any relevant indications of racial hatred. The defence barrister very much steered both witnesses and the prosecution asked no questions. I was told before hand that it is very unusual for the prosecution to try to discredit character witnesses or give them a hard time, it is not generally in their interest, as anyone asked to be a character witness would be pretty squeeky clean and up standing, and if the prosecution start giving unconnected an undue hard times it tends to turn juries in the favour of the defence, they want the character witnesses in and out of the box as quickly as possible and with as little impact as possible.
In my instance my friend was rightly found not guilty (as I do genuinely believe he didn't do anything) and I like to think I did my part in helping achieve that verdict. The very best advice is if you have any doubts about the person then don't do it, but if you believe in them say your piece as clearly, accurately and with as much conviction as you can.
The other character witness concentrated more on the racial aspect, how she had always been welcomed and treated with respect, and how she had never witnessed any relevant indications of racial hatred. The defence barrister very much steered both witnesses and the prosecution asked no questions. I was told before hand that it is very unusual for the prosecution to try to discredit character witnesses or give them a hard time, it is not generally in their interest, as anyone asked to be a character witness would be pretty squeeky clean and up standing, and if the prosecution start giving unconnected an undue hard times it tends to turn juries in the favour of the defence, they want the character witnesses in and out of the box as quickly as possible and with as little impact as possible.
In my instance my friend was rightly found not guilty (as I do genuinely believe he didn't do anything) and I like to think I did my part in helping achieve that verdict. The very best advice is if you have any doubts about the person then don't do it, but if you believe in them say your piece as clearly, accurately and with as much conviction as you can.
Many thanks mel, your experiences shared means alot to me. My only problem with being a character witness is, i have only known this person for 3 years max & dont no much about him at all. The times i have spent with him though id never say he was capable of doing such crimes & he seems to be very well respected by all the community.
mybrainhurts said:
boobles said:
He ownes the football team i play for, so we should beable to get alot of people to say nice things about him if it helps. (not that anyone would lie about him though)
This friend of yours...Is he Russian...?
Sorry i meant Forest fan. No jokes there please because Forest are the best team in the world...
Edited by boobles on Monday 8th September 18:27
boobles said:
Many thanks mel, your experiences shared means alot to me. My only problem with being a character witness is, i have only known this person for 3 years max & dont no much about him at all. The times i have spent with him though id never say he was capable of doing such crimes & he seems to be very well respected by all the community.
If you don't know him that well, why are you being asked to give a character witness. Does he not have any longer term friends that would be able to do it. Seems a bit odd.Gassing Station | The Pie & Piston Archive | Top of Page | What's New | My Stuff