Drop the Pen! What Every Writer Should Know About Real Police Work: Six Terms Writers Tend to Get Wrong About Police Work

By D.L. Williams

---

There are terms in films and novels that are used interchangeably, despite the fact they actually refer to different things. For example, in Stephen King’s novel, “The Green Mile,” death row inmates occasionally refer to The Cold Mountain Penitentiary as “jail,” and in the Sylvester Stallone film, “First Blood,” the tiny local lockup in the fictional town of Hope, Washington is referred to as a prison. This is not a big deal, especially when it comes to dialogue. Fictional characters flub, either because they don’t know better or, perhaps, because the writer is inserting irony. 

If you want your hardened criminal to refer to his maximum-security prison as “jail,” or you want a naïve person in your story to refer to his two-hour confinement in a local holding cell as “my time in prison” for comedic purposes, I say rock on. However, it is often evident the writer plugged in an incorrect term, not for style or characterization purposes, but purely from a lack of information or research. It’s far better to be a well-informed writer who can tweak dialogue and descriptions artistically than an author who throws out incorrect terms due to not having done their homework. Let’s take a look at the six most common terms I hear or read that are used incorrectly: 

Misdemeanor or Felony

Misdemeanors are lower-level offenses for which a person can only be sentenced to a maximum of one year of confinement. Felonies, on the other hand, are more serious and can carry an incarceration sentence of anywhere from a year to the rest of the convicted person’s life and/or the death penalty. 

Every state has its own definitions of what constitutes a misdemeanor versus a felony. Each state’s statutes clearly differentiate between the two based on the severity of the offense, how many times the person has been convicted of a crime, or the dollar value of a stolen or intentionally damaged piece of property. 

For example, shoplifting is a misdemeanor, but many states also have theft statutes that bump the misdeed up to a felony if the item or items stolen are valued above $1,000. Driving While Intoxicated (DWI) is a misdemeanor unless the driver hurts someone in a crash or if the arrestee has been previously convicted multiple times for DWI. 

There are other significant differences: People arrested on a misdemeanor are often allowed to leave jail after posting bail without first having seen a judge, whereas many states mandate a person arrested for a felony-level offense is seen by a judge who will set the bail amount before release. Convicted felons are not allowed to vote or own a firearm in many states, oftentimes for life, whereas most misdemeanors can be expunged (legally erased) after a period of time.  

Jail or Prison

Jails are holding facilities used to detain people accused of a crime or who have been convicted of a misdemeanor offense and sentenced to less than one year of confinement. Prisons, on the other hand, are only for people who have been convicted of a felony and who have been sentenced to at least one year. 

Things can get tricky here, so tighten your hat strap. People arrested for felonies will be held in jail until they are convicted. Remember (and I don’t say this lightly), people are innocent until proven guilty in a court of law, so what they’re initially arrested for may be quite different than what they’re sentenced for at trial. Thus, potential felons will be held in jail until trial (or until they agree to a plea bargain). Many jails segregate those accused of violent felonies from misdemeanants, but this depends on state statues, local policies, the physical size of the jail, and manpower resources. Thus, someone arrested for stealing a loaf of bread could well be in the same jail cell as someone arrested for murder. 

Probation or Parole

Probation and Parole are terms used to describe the condition of release from confinement following sentencing. They are used so interchangeably that they have become colloquial synonyms. They are different, however. Someone on probation has been convicted of a crime, misdemeanor or felony, but was not sent to prison. They may serve jail time, pay fines, do community service, but they never set foot in a prison for the crime they committed. Parole, on the other hand, is exclusively for convicted felons who have spent some time in prison. 

The difference between probation and parole may be insignificant in a conversation between two characters in your WIP, but it is significant in terms of the conditions of release. People on probation may be court-ordered to do certain things such as keep their probation officer apprised of where they live or work, take an occasional drug test, or do community service in lieu of jail time. 

People on parole, however, are only allowed to leave prison based on good behavior and an agreement to give up certain rights upon release. Most significantly, parolees generally give up their Fourth Amendment protections against government intrusions into their privacy. Thus, a parole officer can search a parolee’s house, demand an immediate drug test, require a detailed list of friends and family members, and insist on being privy to just about every move a person recently released from prison makes. 

The street lingo for someone on parole is that they are “on paper.” Your fictional detective will want to know if a parolee she’s interrogating is on paper, and she may want to get access to that person’s “chronos,” the written reports filed by prison and parole officials documenting how that person behaves, if they were often in trouble or were a model prisoner while incarcerated, if they’re going to their court-mandated therapy sessions, or if they’re making progress with drug rehab, etc. 

Police officers do not have the authority to intrude into a parolee’s private spaces (home, car, bodies, etc.). A common scenario when a cop is investigating a person on parole is for the detective to contact the parole officer and detail why their parolee is a suspect in the latest crime. The cop can’t order or even ask the parole officer to perform a search, but the parole officer can offer of his own accord. Generally, the parole officer will then invite the detective to come along and help out on the search. This is an end run on the Fourth Amendment. This is, by definition, a warrantless search, and, in my opinion, should only be used as a last resort and only if the crime being investigated is especially egregious. 

Bail or Bond

Bail and bond are probably the most confused terms I see in prose and in screenplays. Bail is the amount of money set by the court as a condition of release prior to trial. No one wants to sit in jail for weeks or months awaiting a court date, and the Eighth Amendment requires that the bail amount not be excessive. People who complain that judges are “soft” for allowing an accused person to pay bail and leave jail before their court date simply haven’t read or don’t understand this section of the Constitution. 

People who do pay the bail amount will get a refund when they show up for trial, but they forfeit the money if they “Fail to Appear” (often referred to as FTA), at which point the judge will issue a warrant for their arrest. 

Bail bonds, on the other hand, are posted by a bonding company or an attorney. It’s like a loan, only with heavy interest. Most bail bond companies don’t actually have to pay the court anything unless their client doesn’t show up for court. If that happens, bail bond companies will go looking for the person who burned them, and they’ll set a bounty hunter on the accused person’s trail. 

All of these terms are interchangeable in most people’s minds, which means you have wiggle room when it comes to how your fictional characters use them. Write your dialogue based on what you imagine your good guys and bad guys would know and say, but always do so from a position of insider knowledge.