tag:blogger.com,1999:blog-1001156153899984046.post5561968298990849284..comments2024-03-29T10:25:17.813-04:00Comments on Jungle Red Writers: Five MistakesJungle Red Writershttp://www.blogger.com/profile/16646429819267618412noreply@blogger.comBlogger65125tag:blogger.com,1999:blog-1001156153899984046.post-51840363421366864542011-10-31T13:45:30.775-04:002011-10-31T13:45:30.775-04:00Hi Leslie,
I don't know if you are still answ...Hi Leslie,<br /><br />I don't know if you are still answering questions so...<br />I know married couples arrested for a felony can't be forced to testify against one another, but can one cut a deal, or seek immunity and the other goes to prison?<br /><br />Thanks, RaeRJhttps://www.blogger.com/profile/06511876206500997073noreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-81383321370006845302011-10-30T17:56:29.206-04:002011-10-30T17:56:29.206-04:00Hi, Leslie. You have always been so helpful whenev...Hi, Leslie. You have always been so helpful whenever I've asked a question. Thank you and Jungle Red for inviting us to ask questions! Here's mine: If the terms of a will were not met because of criminal action several generations in the past and this was discovered in the present, would the property be redistributed by law to the descendants of the intended heir? Specifically, the person had to complete a task before she could inherit the property, but she was murdered so she could not complete the task. Thanks!Sylvia Nashnoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-86803196956932525422011-10-22T18:06:10.707-04:002011-10-22T18:06:10.707-04:00Seeing this belatedly -- thanks Hank and Leslie!Seeing this belatedly -- thanks Hank and Leslie!Lisa Alberhttp://lisaalber.wordpress.comnoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-89537185705474031172011-10-19T20:11:04.853-04:002011-10-19T20:11:04.853-04:00Leslie, that did help. Thanks so much!Leslie, that did help. Thanks so much!Jackie Laytonhttps://www.blogger.com/profile/11921544145225306649noreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-8416952832797817492011-10-19T14:18:03.547-04:002011-10-19T14:18:03.547-04:00And the winner of Leslie's book is: Lisa Alber...And the winner of Leslie's book is: Lisa Alber!<br /><br />Lisa, contact me via email h ryan at whdh dot com and I will send you the book instantly!Hank Phillippi Ryanhttps://www.blogger.com/profile/17420701704169428286noreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-57775933176111768832011-10-19T12:23:24.414-04:002011-10-19T12:23:24.414-04:00Ruby, very involved. And yes, I think he would par...Ruby, very involved. And yes, I think he would participate in at least some meetings with police or sheriff’s deputies, reviewing the evidence, strategizing, and the like. <br /><br />And drive a pickup? You bet! :)Leslie Budewitzhttp://www.lawandfiction.comnoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-87274726564873618322011-10-19T12:23:13.781-04:002011-10-19T12:23:13.781-04:00HANK SAYS: Leslie, you are wonderful! Thanks you s...HANK SAYS: Leslie, you are wonderful! Thanks you so much for all your hard work and attention! <br /><br />We'll announce the lucky winner of your book soon--I have it all ready to put in the mail!Jungle Red Writershttps://www.blogger.com/profile/16646429819267618412noreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-30533868631848807702011-10-19T12:19:58.585-04:002011-10-19T12:19:58.585-04:00Terri, I can’t think of a reason why it wouldn’t b...Terri, I can’t think of a reason why it wouldn’t be legal to let a lay person participate. But it wouldn’t be very smart. :) The detective or prosecutor – whoever is interrogating – has a plan for the interview, and giving up partial control could cause big problems. Even the presence of a lay person would change the dynamic, and even if they agree to stay quiet, you can’t control their gestures, expressions, or sounds. If my law partner and I interview someone together, we’re on the same wavelength and we know where we’re going, so it works; I’m sure police officers who work together regularly are much the same way. <br /><br />But if you can make it as fun as Castle is, then give it a shot!Leslie Budewitznoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-27922501785335707722011-10-19T12:11:02.256-04:002011-10-19T12:11:02.256-04:00Jackie, depends on the firm’s practice. Assuming a...Jackie, depends on the firm’s practice. Assuming a general practice with some litigation, he’d be given files to read, asked to sit in on client meetings, and go to depositions and to court with other lawyers to see how things are done. He’d be asked to do research, write first drafts of briefs and substantive letters, draft discovery responses, and so on. After a bit, he’ll start going to court on minor or unopposed motions, maybe handle low dollar cases, attend minor depositions by himself, and build from there. <br /><br />Does that help?Leslie Budewitzhttp://www.lawandfiction.comnoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-36896608863718658662011-10-19T12:05:45.297-04:002011-10-19T12:05:45.297-04:00Avi, too funny that you already knew the case! Can...Avi, too funny that you already knew the case! Can you believe Ford actually had his ashes shot out of a cannon at a bar?!!? The bar's about half a mile from our house -- quite the spectacle!Leslie Budewitzhttp://www.lawandfiction.comnoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-71505482416501078812011-10-19T11:44:15.663-04:002011-10-19T11:44:15.663-04:00And here I was going to ask if prosecutors drove p...And here I was going to ask if prosecutors drove pick-up trucks!<br />Seriously, I do have a question. How involved would a county prosecutor be in the investigation of a murder case in a small town? Would he sit in on the police meetings regarding the investigation?Ruby Johnsonhttps://www.blogger.com/profile/01030839859107760855noreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-61328501972117724892011-10-19T10:15:47.466-04:002011-10-19T10:15:47.466-04:00Leslie, I've just discovered this blog and you...Leslie, I've just discovered this blog and you. I plan to get your book. <br /><br />Question: would the situation in CASTLE be legal? I mean having an non-law enforcement person in the interrogation room with the officer doing the questioning of a suspect? And allowing the non-leo to ask questions of the suspect?<br /><br />For my WIP I have a reporter working closely with a detective-can the reporter being in the interrogation room with the detective and ask questions of the suspect?<br />Thanks,<br />TerriTerri Reedhttps://www.blogger.com/profile/18162233044268346894noreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-60812502405830726852011-10-19T07:55:53.110-04:002011-10-19T07:55:53.110-04:00Hi Leslie,
I'm so excited to discover you and ...Hi Leslie,<br />I'm so excited to discover you and your book. I'll be looking for it soon. And congratulations on your new book deal!<br />The story I'm working on now involves a new lawyer hired by a small law firm in Lexington, KY.<br />I'm trying to figure out how his day flows. Will he mostly do grunt work, or do the paralegals do that? Will he handle low profile cases? Thanks for your help!<br />Again, congratulations!<br />JackieJackie Laytonhttps://www.blogger.com/profile/11921544145225306649noreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-29539258119906406052011-10-19T05:26:08.084-04:002011-10-19T05:26:08.084-04:00Leslie, thanks indeed. As you suggested, I have do...Leslie, thanks indeed. As you suggested, I have done internet search and have read much about the Sue Ford Bovey Estate. Although not the same legal "soup" as in my story, it's quite compelling reading. I appreciate your offer and will forward a couple questions to you. First I need to chew on this bone for a while.<br />Thanks again, Reds et al.Avi Lovenoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-25485371289786776772011-10-19T00:17:23.517-04:002011-10-19T00:17:23.517-04:00Avi,
You are not going to believe that I actuall...Avi, <br /><br />You are not going to believe that I actually know of a case with similar facts. Google Estate of Sue Ford Bovey Montana, and write me privately if you have more questions.<br /><br />Thanks for a great day, Reds! Adjundam! (No, not a magic legal phrase, though it ought to be -- my captcha word!)Leslie Budewitzhttp://www.lawandfiction.comnoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-67868481474552078792011-10-18T23:25:51.140-04:002011-10-18T23:25:51.140-04:00Oh, Avi, what a good plot! Keep us posted on how i...Oh, Avi, what a good plot! Keep us posted on how it goes...Hank Phillippi Ryanhttps://www.blogger.com/profile/17420701704169428286noreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-84687304508808343242011-10-18T23:13:06.513-04:002011-10-18T23:13:06.513-04:00Hi Leslie, cheers for your book deal with Berkley ...Hi Leslie, cheers for your book deal with Berkley Prime Crime!<br /><br />In my fictional location in California, I've got a rich, dying old man with his kids warring over their contemplated inheritance of multi-millions. As currently contemplated in the story, the old man requires his beneficiaries to have had a child (in-wedlock) in order to inherit from his estate. Without meeting that requirement by the time of his death, one gets only a small pittance. One character adopts a child to qualify, and this is acceptable in the terms of the Will. The old man is in his 80s & also infirm, but not senile. Is there likely to be a contest to the Will with such a provision? The Will can have been drafted and on file since years earlier. If the Will is contested, how long does it take usually to clear that up?<br /><br />Thanks.Avi Lovenoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-14913814898083673522011-10-18T22:12:05.492-04:002011-10-18T22:12:05.492-04:00"One legal question that's frequently on ..."One legal question that's frequently on my mind is why there aren't more charges of perjury, because lying on the stand happens frequently."<br /><br />Ah, yes. Well. Sometimes lying is in the ear of the beholder (behearer?). A matter of interpretation, or simple mistake? Crosswalk accident and one party swears the light was green, the other red. Is one lying, or simply wrong? Wrongful discharge suit and the employer believes the employee deliberately violated company policy and used the co. truck for his own purposes; the employee believes he had permission to take the truck fishing b/c his own was in the shop and the boss knew it and said “have fun.” Lying, or misunderstanding? Perjury’s hard to prove. In most states, it’s more than just a lie, but a lie under oath, meaning you need prior sworn statements–not always the case.<br /><br />Imperfect people, imperfect system. But the best we have, nonetheless.<br /><br />Thanks, Reds and Friends, for inviting me to play today!Leslie Budewitzhttp://www.lawandfiction.comnoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-16235352449740795972011-10-18T22:03:36.857-04:002011-10-18T22:03:36.857-04:00Sorry for the delay -- out for a few hours.
"...Sorry for the delay -- out for a few hours.<br /><br />"Confidentiality agreements...any way around them?"<br /><br />Maybe, maybe not. Depends on state law and the circumstances. Are you thinking of confidentiality provisions in settlement agreements in lawsuits? Some states have declared them unconscionable in certain circumstances, e.g., where the suit involves a dangerous product and it violates public policy to keep it private. But if it really is private litigation, with no public consequences, courts are more likely to uphold them.Leslie Budewitzhttp://www.lawandfiction.comnoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-15571846913409454732011-10-18T21:32:05.932-04:002011-10-18T21:32:05.932-04:00Fantastic blog post, Leslie, and I'm happy to ...Fantastic blog post, Leslie, and I'm happy to learn about your current and future books. I'm a PI and a mystery writer, and I find that readers (and sometimes authors) often don't understand that the police are the investigators for the defense and private investigators usually work for the defense team. I find that a little frightening.<br /><br />One legal question that's frequently on my mind is why there aren't more charges of perjury, because lying on the stand happens frequently.Pamela Beasonhttp://www.pamelabeason.comnoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-77805266652903747962011-10-18T21:01:08.608-04:002011-10-18T21:01:08.608-04:00Confidentiality agreements...any way around them?Confidentiality agreements...any way around them?Hank Phillippi Ryanhttps://www.blogger.com/profile/17420701704169428286noreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-62800547545101976552011-10-18T18:21:42.602-04:002011-10-18T18:21:42.602-04:00Congrats on the new contract, Leslie, and thanks f...Congrats on the new contract, Leslie, and thanks for an enlightening back and forth with us.SalThttps://www.blogger.com/profile/14730327880553243729noreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-12091405889770505532011-10-18T15:08:30.458-04:002011-10-18T15:08:30.458-04:00Ro, court files are public documents, except juven...Ro, court files are public documents, except juvenile court records. Some files may be fully or partially sealed, e.g., in custody disputes or litigation over business secrets or financial matters. Courts have had to develop rules for confidentiality, so we don’t disclose a SS # or other private info in a public record–still an evolving area. But while a court reporter “reports” all trials in a “court of record,” e.g., the primary trial court or “court of general jurisdiction,” but not in justice or city court, most trials are not transcribed unless there’s an appeal. If there is a transcript, you can request it at the Clerk of Court’s office, and look at it there or pay for a copy; if the file is closed, you may need to wait a few hours or days for it to be retrieved. <br /><br />(There is a section in the book on the amazing array of public records available, online or in person.) <br /><br />And yes, you can count on huckleberry jam dripping off the pages!Leslie Budewitzhttp://www.lawandfiction.comnoreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-53245621382496380112011-10-18T14:43:12.311-04:002011-10-18T14:43:12.311-04:00..your series is set on the road to Glacier? That&.....your series is set on the road to Glacier? That's one of my favorite places on the planet. Lucky you! I hope there will be lots of blueberry recipes - we JRs like a good meal. ;-)Rosemary Harrishttps://www.blogger.com/profile/08033747422699443024noreply@blogger.comtag:blogger.com,1999:blog-1001156153899984046.post-6965099256649693722011-10-18T14:40:01.331-04:002011-10-18T14:40:01.331-04:00Welcome Leslie,
Congrats on the book deal! My ques...Welcome Leslie,<br />Congrats on the book deal! My question has to do - I think - with freedon of information. Are all (or most) court cases a matter of public record? Can anyone get transcripts, or whatever the 2011 equivalent is? And how would they they go about it?<br />Many thanks!Rosemary Harrishttps://www.blogger.com/profile/08033747422699443024noreply@blogger.com