Legal Question in Criminal Law in Michigan

Character Reference

A friend has been arrested on drug dealing charges because she was living with someone who was dealing. Her and her family swear that she did not know about the actions of her boyfriend and was only arrested because she was at the house at the time of his arrest. They are asking me to write a character reference for the preliminary hearing. I am a teacher and am hesitant to have my name associated with this type of case because it was a very large arrest to break up a cocaine ring. I have not seen this person in 2+ years and I do not want to have to testify should the case go to trial. At the same time though, I want to help a friend out if I can, since it seems she was innocent.

Would you recommend staying out of the case? Could they call me to testify even if I dont send in a letter? Would the letter even help if I hadnt seen her in 2 years?

Thank you.


Asked on 10/28/07, 8:33 pm

3 Answers from Attorneys

Re: Character Reference

An attorney asking for reference letters at the preliminary hearing may well be misguided. I have never heard of a reference letter being used at a preliminary hearing. Perhaps your friend needs a more experienced attorney.

For more information, go to:

www.AggressiveCriminalDefense.com

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Answered on 10/28/07, 8:49 pm
William Morrison Action Defense Center

Re: Character Reference

Stay out of it entirely. For any number of reasons (including you being called as a witness), your reputation and employment will suffer.

Don't get sucked into this!

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Answered on 10/30/07, 10:42 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Character Reference

A "reference letter" is inadmissible in a court hearing at this stage of the proceedings. It might become part of the documents that the judge reviews at the sentencing hearing, but certainly will NOT be admissible in lieu of live testimony by relevant witnesses at a district court preliminary examination, or at a district or circuit court trial.

If you have not seen this person in 2-1/2 years, can you really say that you "know" the person and how he/she is "now"? I doubt that that kind of "historical reference letter" would be given much weight by a sentencing judge. People change ... and sometimes very quickly, especially when drugs are involved.

You also seem to be jumping to conclusions about what your estranged friend truly knew ... and what she (and her family) is (are) TELLING you she knew. People can turn a blind eye when it involves people they are involved with. If the boyfriend was involved in drug trafficking in the home they lived in, another adult would have to be pretty blind, deaf and stupid to NOT know what was going on. But, then again, anything is possible ...

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Answered on 10/29/07, 9:55 am


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