"Books, Crooks, and Counselors" author discusses common mistakes writers make
by Terry Ambrose, examiner.comJuly 6th 2012
How often have you watched a crime fiction movie or television show or read a book and questioned the actions taken by law enforcement characters. All too often, says Leslie Budewitz, an attorney and mystery writer, fictional legal authorities bend, break, or ignore the law.
On her Law and Fiction website, Budewitz says, "As a lawyer who writes fiction, I've been answering other writers' questions about using the law in their fiction for years. And I've been bothered by simple, avoidable mistakes about the law in novels and movies."
In 2011, Budewitz wrote Books, Crooks, and Counselors: How to Write Accurately About Criminal Law and Courtroom Procedure. Her book was nominated for an Agatha for best non fiction book. In their review, Library Journal said that the book "will help shave off hours of research time and enable writers to focus more energy on craft, plot, and character development."
In an October 2011 interview on the Jungle Red Writers blog, Budewitz described some common mistakes writers make. The first is using incorrect terms to identify prosecutors and courts. Budewitz's advice? "If you aren't sure of the terminology, call the court or the prosecutor's office, or check their website."
Second, some writers assume that police always need a warrant to make an arrest. In her interview, Budewitz said, "Police don't need a warrant to make an arrest in a public place, or in 'exigent circumstances,' such as when an officer witnesses a crime or is pursuing a person suspected of committing a crime. But they still need probable cause."
Another problem involves Miranda warnings. Many writers know what a Miranda warning is, but don't always understand when the police are required to read a suspect his rights.
Budewitz is also bothered when a defendant is sentenced immediately after a conviction. She notes, "Sentencing is a separate proceeding, usually held after a pre-sentence investigation…Prosecutors and defense counsel need time to review the report and make recommendations. A few weeks is typical."
And last, but not least, on Budewitz's list are the fictional attorneys and clients who argue with judges. Real attorneys know not to argue with a judge, especially after she's ruled. Budewitz cautions writers about this ploy. "If you want to piss off your fictional judge, go ahead. Your chances of success are excellent."
Learn more about Leslie Budewitz on her website at www.lawandfiction.com.
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