When you are in the criminal justice system or you are writing about the criminal justice system, it is helpful to know what stage of the process you are in.  Different things happen at different stages, and you should know where you are at any given time.

I have broken down the criminal justice system into 6 basic stages.  I will give a brief synopsis of each stage here.  I will go into each stage in greater detail in future posts.

1.  Crime Stage - This is where the crime occurs.  Crimes may be instantaneous, like a shooting, or may be ongoing, like a sophisticated ponzi scheme.

2.  Investigation Stage - This can occur simultaneously with an ongoing crime.  In most cases, the investigation phase happens after the crime has been committed.  An arrest usually happens during either the investigation phase or charging stage.

3.  Charging Stage - After an investigation is complete, a prosecutor must decide whether to bring charges, who to charge, and what crimes to charge.  This is an important step because it turns a suspect into a formally charged defendant and triggers certain constitutional rights.

4.  Pre-Trial Stage - Once a defendant is charged, the pre-trial stage begins.  The defense attorney will review the prosecution's evidence and may bring motions, such as a motion to dismiss or a motion to suppress evidence.  Witnesses are interviewed and prepared for trial.

5.  Trial Stage - This is where the fun happens.  Most trials are in front of juries, although a judge can hear trials too.  It's up to the defendant.  The prosecution has the burden of proof and will try to introduce evidence to prove the defendant guilty.  The defense need not introduce any evidence.

6.  Post-Trial Stage - After a defendant has been convicted at trial, there are a slew of things that can happen.  Sentencing happens in every case.  The defendant may also bring a new trial motion.  The defendant can appeal, file a petition for a writ of habeas corpus, or petition for clemency or a pardon.

Each of these phases has its own unique challenges, goals, rules, and rights.  I will develop each in more detail in future posts. 

A fictional crime story may take place in one, some, or all of these stages.  Whichever stages your story takes place in, it's critical to understand the rules and purposes of those stages.  I hope you will find this to be a helpful guide on your journey.

In the meantime, make sure to sign up for the FREE eBook revealing the Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.

I'm not one to brag - at all - but I thought I'd share just a few of the nice things people have had to say about my criminal law information and advice recently:

* “Nothing beats going to the source for accurate information on any topic.” – Alex C., bestselling fiction writer

* “What wonderful ideas!  This is all very helpful.  I’m so glad you mentioned talking to attorneys in particular because I think that’s where one can get a realistic perspective on a trial.” – Margot K., mystery novelist

* “Excellent advice.” – Jack L., fiction writer

* “I really enjoy legal thrillers, but you are right – seems SO intimidating to think about writing them.” – Hart J., fiction writer

* “Finding a lawyer to consult and beta read, at the very least, is a great idea.” – Hart J., fiction writer

I love getting honest feedback.  Thanks to everyone who has commented and let me know what you think!  Fore more great reviews, check out my new testimonials page.

Get your free Writer's Guide, which reveals the Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama. 

Or contact me for a free initial consultation on your project. 

Many writers who are not lawyers may be intimidated by courts and the law.  They may stray from writing stories or scenes that take them into the courtroom. 

I wrote an article with some easy tips to help overcome any fears or doubts about writing legal drama.  Check out What to Do When Your Character Goes to Court.

For more great tips, sign up for your free Writer's Guide:  Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.

November is National Novel Writing Month.  In honor, here are five quick tips to help get that crime or legal novel completed (or started)!

1.  Write everyday, even just a little bit, preferably at the same time and place, so it becomes a habit.

2.  Create a writing routine, whether it's where you write or how you write.  Again this helps form writing as a habit and helps trigger your brain that it's writing time.

3.  Write when you are most creative.  Some people write best in the morning, others in the evening or middle of the night.  Go with your flow.
 
4.  Change your writing environment.  Sometimes routine can create stagnation.  If you have writer's block, change it up.

5.  Get inspired.  Watch true crime news shows or read great crime or legal novels, and get inspired for your own story!

If at any point in your writing process, you find you need help with criminal law terms, legal procedures, or finding out if what you're writing is realistic, please contact me for a free initial consultation.  In the meantime, sign up for my free Writer's Guide:  7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.

Happy writing!

I had two articles published this week.  Check them out:
* Motive and Opportunity: Are They Necessary to Prove Murder?
* Writing With Authenticity, Even While Breaking the Rules

I was also named an expert by Ezinearticles.com in the fields of criminal law and creative writing! 

For other articles I've written, check out the Resources page.

Courtrooms are generally very formal places.  They are also places where particluar protocols of speaking and behavior are expected.  Using proper court protocol can go a long way, and not using it can doom a lawyer in the judge's eyes. 

Protocol is particularly important as a lawyer appears in higher courts - appellate courts and supreme courts.  Federal courts are notorious about holding lawyers' feet to the fire for failing proper protocol.  I once saw a federal district court judge scold a female FBI agent who was a witness for wearing a pants suit instead of a skirt suit.  I also once saw a federal judge harshly scold an attorney for failing to immediately stand upon addressing the court.

Judges are in charge of the courtroom, and are generally the people deciding the outcome of a case, particularly once you get past trial.  Even in trial, they make many legal rulings along the way that can greatly affect the outcome.  Many believe they can even have an influence over a jury's decision at trial. 

In short, a lawyer should try to keep the judge or judges happy.  Or at least try not to irritate them.  Failing to follow proper protocol (even a judge's idiosyncratic protocol applicable only in his or her courtroom) is one of the easiest ways to irritate a judge.

Some examples of courtroom protocols include:  standing when speaking; addressing the court as "Your Honor"; stating "May it please the Court," before beginning an argument; asking to approach the witness before walking up to the witness stand; asking to move anywhere in the courtroom before leaving the lecturn; not making "speaking objections"; and keeping out of "the well."

To maintain authenticity in a fictional work, a writer should be aware of the common protocols in the courtrooms about which they are writing, so their fictional judges and lawyers may act accordingly.

I have almost completed my first free Writer's Guide.  It is called Top Seven Mistakes Made By Writers of Crime, Mystery and Legal Drama.  

There are common mistakes that I see again and again in crime and criminal law scenes in books, on television and in movies.  Such mistakes, which are often trivial to the story, can take away from the authenticity and credibility of the entire work. 

I am creating this free Writer's Guide to help writers of crime, mystery and legal drama avoid these common mistakes and write with more authenticity. 

You can be among the first to receive this valuable Writer's Guide.  I will only make this free Writer's Guide available for a limited time, so sign up today!  Make sure you're not making these common mistakes!

Yesterday, I discussed five tips for non-lawyers writing about crime and criminal law.  The last tip was to consult an expert to review your draft or answer your questions.  Once you decide you could use some advice from an expert consultant, how do you choose one? 

Here are a few things to consider:

1.  Expertise:  Make sure the person you're consulting is an actual expert.  Do they have real world experience as well as book smarts about the topics you're interested in?

2.  Simplicity:  Can the expert discuss complex legal issues in a way that is easy for a non-lawyer to understand?

3.  Passion:  You want to work with someone who loves what they do and loves what you're doing.

4.  Educating:  A good expert educates at every opportunity (whether they're being paid or not).  You 'll learn the most from someone who naturally and constantly shares their knowledge.

5.  Time:  Make sure the expert you're consulting with has time for you and your project.  If your emails or phone calls aren't being answered in a reasonable time (like 24 hours), start looking elsewhere. 

6.  Flexible pricing:  Not every project or consultation is the same.  An expert should be flexible enough in their pricing to work with your budget and needs.  Sometimes a project may require a flat fee, an hourly rate, or a per page rate.  Look for someone who is open to your particular needs.

7.  Free initial consultation:  Any expert consultant worth their salt will be willing to spend time to get to know you and your project before charging.  A free initial consultation allows you to feel out the consultant and decide whether they will be right for you and your project.

Contact me for a free initial consultation.

Taking on a subject like crime or criminal law can be intimidating.  In the world of criminal law, there are innumerable rules, practices and procedures.  Criminal lawyers speak their own language.  To write a good crime or legal story, a writer needs to have credibility. 

Credibility comes from understanding and working with the rules of criminal law and from speaking the criminal law language.  But you don’t have to be a cop or lawyer to write about crime or criminal law with authenticity.  Here are five tips to get started:

1.  Brainstorm:  Physically write out brainstorming ideas without regard to order, quality or completeness.  Just start writing, and let the ideas flow.  Creating a great plot and characters is the first step in any genre.

2.  Get Inspired:  Read great crime books, and watch great legal drama movies.  Read about crime in the news.  Follow interesting trials.  Watch true crime stories on television and read true crime books.  You never know when something you read or see will spark your next story.

3.  Outline:  Whether organized by chapter, act, scene, character or plot point, outlining is a critical organizational tool.  The more complex the story, the more important an outline.  Outlining can be especially important in a crime novel or legal drama because your story needs to fit within the rules of the criminal law world. 

4.  Educate Yourself:  Read up about criminal law on the internet and in books.  Look for information specifically targeted to the non-lawyer, like that in the Rescources section here.  Watch real trials.  Watch true crime shows and read news stories and true crime books (but be aware that they often leave out details you might want to know).  Do not rely on talking head lawyer commentators or other criminal law fiction. 

5.  Consult an Expert:  When in doubt, ask a question.  As you brainstorm, outline and draft, keep notes of questions that come up.  Then find an expert you can use as a trusted resource. 

Check out tomorrow's post about how to choose an expert consultant.  Contact me for a free initial consultation.

Following these tips will give you confidence to create within the world of criminal law and to write crime and legal stories with authenticity.

This is the most common question I get:  a writer has a story idea, a scene, a plot twist or a character action and wants to know, "Is that realistic?"  

A common goal for writers and filmmakers is to create authentic crime and legal elements in their stories.  Would a prosecutor really do that?  Would a witness be allowed to testify to this?  Is this a correct use of a legal objection?    Is that hearsay (and what exactly is "hearsay")?

There are of course a million variations to this question, and that is partly why I decided to offer criminal law consulting services to writers, producers and filmmakers who want to get it right.  (Of course, poetic license allows you to discard reality and do whatever best suits the dramatic needs of your story.  But even then, a writer should at least know the right way and make a conscious and informed decision to do things differently.)

If you have a question about whether a legal scene you're working on is realistic, contact me for a consultation.