White Collar Fic - How Long Did You Think You Could Keep This Up (Before I Found Out)? 1/1

[elrhiarhodan]

Title: How Long Did You Think You Could Keep This Up (Before I Found Out)?
Author: Elrhiarhodan
Rating: G
Fandom: White Collar
Pairing: None, not really – okay maybe implied P/N, mention of RLP
Spoilers: Minor 113 reference
Summary: Neal’s not stupid, and he’s made a few new friends
Warnings/Triggers: Legal stuff
Word Count: ~1200
Disclaimer: Nope, own nothing - but if I did, Peter would have had at least three shirtless scenes by now.
A/N: I’m a lawyer, and there are a few recurring plot points that have been really, really annoying me. JE, WhiCoWriters – are you paying attention?

Unbeta'd, all mistakes are mine. Comments and criticisms most highly welcomed, in the entry cross posted in my journal.
_________________________________

“Caffrey, are you paying attention?” Hughes was practically barking at him, but Neal couldn’t bring himself to care about whether he needed to file one or two copies of form 3-stroke-B/slash-7-blah-blah-blah with the original criminal complaint. Since when was paperwork so important that an Assistant Director of the FBI needed to chew out a lowly consultant? Not that Neal thought of himself as particularly lowly.

“Maybe you’d just prefer to head back to prison right now?”

Peter started to interrupt his boss, but this was just the opening Neal was looking for.

“Sir,” Neal knew this wasn’t the moment to show disrespect. “You’re saying that if I don’t file FBI paperwork properly, you’ll immediately send me back to jail? That seems a little harsh.”

“Neal…” Peter’s voice had a wealth of warning in it.

“What are you getting at, Caffrey?” Hughes modified his tone, but he wasn’t backing off of his threat.

Neal opened the legal folder he had carried with him into the meeting, a folder that Peter first noticed back at Neal’s apartment last night. It was a nice, sturdy folder, with no identifiable markings on it, definitely not an item that came from the FBI storeroom (which would have had an FBI seal on it). It was the type of folder that high-priced lawyers used.

“Morrissey v Brewer, 408 U.S. 471, 1972.” Neal offered no additional information. He fully expected both men, who probably had at least 40 years combined experience in the criminal justice system to know precisely what he was talking about. This felt good, like he was in an episode of Law & Order and just blindsided the DA with some obscure ruling. “And you can't tell me that Morrissey isn’t relevant.”

“When did you start law school, Caffrey? Or did your friend – the one who claims he’s a lawyer with a degree from University of Phoenix – which, by the way, doesn’t have a law school – give you this information.” Hughes was turning an odd shade of purple. Peter just stood there; arms folded across his chest, saying nothing.

Neal ignored Hughes’ comment about Moz and just looked down at the printout in the folder. He flipped through a few pages – with paragraphs highlighted in day-glo yellow, “I found this very interesting – it seems that you just can’t summarily put me back in jail.” Neal dropped his voice an octave, and began to read:

“The enforcement leverage that supports the parole conditions derives from the authority to return the parolee to prison to serve out the balance of his sentence if he fails to abide by the rules. In practice, not every violation of parole conditions automatically leads to revocation.” Neal gave special emphasis to the last sentence.

He continued, “Typically, a parolee will be counseled to abide by the conditions of parole, and the parole officer ordinarily does not take steps to have parole revoked unless he thinks that the violations are serious and continuing, so as to indicate that the parolee is not adjusting properly and cannot be counted on to avoid antisocial activity.” Neal looked up from the ruling, first at Hughes – and then at Peter.

“I really like this part: 'Implicit in the system's concern with parole violation is the notion that the parolee is entitled to retain his liberty as long as he substantially abides by the conditions of his parole.' ” Neal couldn’t help but add some dramatic flair on the word “substantially.

“We see, therefore, that the liberty of a parolee, although indeterminate, includes many of the core values of unqualified liberty and its termination inflicts a "grievous loss" on the parolee and often on others. It is hardly useful any longer to try to deal with this problem in terms of whether the parolee's liberty is a "right" or a "privilege." By whatever name, the liberty is valuable, and must be seen as within the protection of the Fourteenth Amendment. Its termination calls for some orderly process, however informal.”

“Stop, just stop.” Hughes made to grab the folder from Neal, as if taking possession of a photocopy of a nearly 30-year old Supreme Court ruling could change the law. “I don’t think Bureau resources should be used to help you find loopholes out of your sentence.”

Neal went on, “I get a Morrissey Hearing – and I’d be entitled to advance notice, legal representation, impartial examiners. I can even bring character witnesses. In short, YOU JUST CAN’T THROW ME BACK.” Real anger was now evident in Neal’s voice.

“Neal…” Peter’s voice was steady, not apologetic. He had long ceased to torment Neal with the threat of re-incarceration – bringing it up only when he thought Neal was about to break the law, and those weren’t threats but simple statements of fact. “You seem to have become quite versant in criminal procedure.”

“I’ve made a friend, Peter.” Neal wasn’t even looking at Hughes now. “Three friends, actually – Stuart Gless, and some lawyers. They dropped by June’s on Sunday, we had a nice luncheon on the terrace.”

Peter’s blood ran cold – the thought of Neal “making friends” with his former victim seemed wrong, somehow.

“Seems that Gless thinks he is now in my debt, said something about his daughter’s life being worth more than any bond. He wants to help me now. He’s got a pair of high powered attorneys on retainer for me – David Boies and Ron Kuby. They are both very interested in seeing my rights protected.” To his credit, Neal didn’t seem smug or self-satisfied and held his gaze steady. “Funny how things change in the blink of an eye.”

Neal finally turned back to Hughes, “I would have thought that you’ve been through enough government-mandated management training classes to know that people work better when given a carrot rather than beaten with a stick.” He added, “Ron seems to think that since I’ve been working with the FBI while on parole, being reincarcerated would pose a significant threat to my well-being. He mentioned something about the Fourth Amendment and cruel and unusual punishment.”

Hughes responded, “There’s always solitary.”

“Nope – that doesn’t work either. You can’t throw me into solitary confinement without justification – particularly for a technical violation of my parole conditions – like failing to follow FBI procedures correctly – and really, unless you can prove I’ve committed a crime, it’s going to be really hard to shove me back into prison.” Neal was on a roll now – he knew he won this round.

Peter had the sinking feeling that his job just got a lot harder – keeping control of Neal when he thought he’d have his parole revoked for the most minor infraction had been hard enough. He could see Neal milking this for the next three and a half years.

Neal seemed to read Peter’s mind, or maybe just Peter’s face. “Look Peter, I’m not out to screw you over or screw this up.” He turned back to Hughes. “Please, just give me a little respect.”

Hughes nodded, it was hard to fight the law when you spent your life upholding it, and Peter had warned him that Neal wouldn’t respond well to threats. Hughes tried to retain the upper hand. “Do your job, Caffrey and we won’t need to have any more of these little conversations. Understood?”

Neal was a smart man, and he knew when to quit while he was ahead. He picked up his hat, his file and backed out of Hughes’ office, perfectly satisfied – for the moment. It was going to be fun testing the limits, now that he had a safety net.
__________________________
Further A/N
Morrissey v Brewer
David Boies
Ron Kuby

Comments

[asimaiyat.livejournal.com]

*pauses for a moment to fangirl David Boies*

*moves on*

Good for Neal! Behold the power of solid research. :D

And thanks for the clarification for the rest of us -- I'd ~thought~ that didn't seem right.

[elrhiarhodan]

Thank YOU for your comments. Research is important...

[katikat.livejournal.com]

Interesting. I watched the interviews with the real FBI agent who's the consultant on the show and he said that for what Neal had been doing on the show, he would have been sent back to jail a long time ago, that the CIs were kept on a much shorter leash than on the show.

But I can so see Neal becoming friends with Gless! Ha! That would give Peter ulcers! XP

[elrhiarhodan]

Oh, most certainly - but there's a fine line between dramatic license and just borking up the law.

[trystings.livejournal.com]

Haha, I can actually see Neal and Stuart Gless becoming friends and Neal pulling this little legal gem out of his hat in a meeting with Hughes (although I doubt Hughes would threaten to throw Neal back in jail for not filing paperwork properly, or take the time to explain filing procedure to him. In Neal's own words: they have clerks for that. ;))

Good fic.

[elrhiarhodan]

Thanks - as I've noted in the comments to the crossposting in WhiteCollarFic, I used the silly paperwork threat as a plot device to get Neal, Peter and Hughes into the same room. When I started to write it "in canon" it just kept running away from me, and I wanted to keep this under 1500 words (it was skyrocketing to over 4000 the way I had first started it).

Of course, now that it's published and commented on, I realized how I could have written it, short and sweet and much more in canon.

[kathana-grey.livejournal.com]

Thank you for the link and *fangirls you* yes yes yes yes yes! I know that the show is only a show but this is something that made me whimper. There are a lot of things they could have thrown him back to prison for. But there are A LOT of things Hughes and Co. could have their own asses fried for as well as long as NC got hold of a good lawyer.

[elrhiarhodan]

You're very welcome! There are so many issues that I want to smack Estin and Co about, I don't know where to begin.

No way NC wasn't damaged in prison...I've said it before, WC should be on Showtime.

Fangirl right back atcha!

[shelley6441.livejournal.com]

In Reese's face, Neal! You've helped that unit a lot, and you've earned everyone's respect.

*fistbumps Neal*

I always knew the threats of putting Neal back in prison were just that - but it was irritating to have to hear it repeatedly.

There's a lot of stuff that happens in RL federal law enforcement but what I've seen so far on WC is negligible. Neal's been under orders and/or direct supervision of his FBI handler for the most part - how much could he really be doing that's against the law?

But I do have to pinch myself as a reminder that this is only tv, and not expect JE and his co-writers that they need to be accurate about the details. Such as FBI HQ is not located in NYC.

Thanks for this post - very informative!

[elrhiarhodan]

Thanks for your comments...I'd say on the scale of law enforcement reality in TV fiction, with Perry Mason at the bottom and the original Law and Order at the top, and CSI hovering somewhere around the middle, White Collar definitely hovers somewhere below the middle.

That being said, I don't think that the facilities are supposed to be FBI HQ. In fact, doesn't Fowler keep coming up from DC? This is just a major field office. I do believe, IRL, that the head office for white collar crime is in lower Manhattan because of its proximity to the major financial markets.

[amycat1959.livejournal.com]

Excellent point that returning Neal (now that he's an FBI informant) to prison means enough risk to his safety that it can constitute "cruel & unusual punishment". I'd expect that, after the very first case where he assisted enough that he'd need to testify at the trial, returning him to prison for anything short of murder would be avoided at all costs.

[hoosierbitch.livejournal.com]

Really enjoyed this - I hope if they ever deal with this issue on the show, that they'll do it as intelligently as you've done here!

[elrhiarhodan]

Thank you for the lovely compliment.

Elr

[pfyre.livejournal.com]

I read this the first time (I think) a month or so ago - but real life got in the way and I never left feedback - my apologies - I love this - I would love more in this AU - cause frankly I agree - the use of the threat to constantly send him back to prison has gotten old real fast

I love this *G*

[elrhiarhodan]

Thank you so very much.

I am still getting annoyed by the threats to dump Neal back in prison - the FBI's success has nothing to do with Neal's civil liberties. The only time that they got it right (sending Neal back) was in Vital Signs, when he broke the law and snuck into the clinic, and violated a few dozen laws governing doctor/patient privilege.

[ariss-tenoh.livejournal.com]

Yes, thank you! It's so nice to read a story that explains this aspect of Neal's parole. I'm no lawyer but the show keeps throwing this threat in Neal's face so often that it gets a little irritating.

[elrhiarhodan]

Thank you for reading and commenting on my very first piece of fanfic, ever. I feels like I wrote this a lifetime ago.

It was very irritating in S1, which was what prompted this fic.

S2 has played up with it much more jokingly.

But still!

[laughingacademy.livejournal.com]

Hey, wanted to let you know I've recced (http://community.livejournal.com/crack_van/4636323.html) this story at crack_van.

[elrhiarhodan]

Thank you!!!

[brunettepet.livejournal.com]

This is great. That threat is thin and overused, I love that Neal is able to throw it back in their faces.

This was recced at crackvan and I'm delighted to have read it.

[elrhiarhodan]

Thank you so much!

[arsenicjade.livejournal.com]

Um, this is awesomesauce, especially Neal's underlying anger, which, yes. Ugh, Neal.

Can I ask some questions? I'm only 2L, so, let's face it, my knowledge is splotchy. Also, Crim is my weak spot. Is work-release equivalent to parole?

(Also, why would the 4th Am come up? The 8th I get, but why 4th?)

[elrhiarhodan]

Thank you for your comments and feedback.

You also made me go back and look at my research notes, because I couldn't remember the reason for citing the 4th amendment (and I started to feel a bit foolish).

But the rationale behind citing the 4th is that even a felon on parole, who is subject to a reduced standard for search and seizure, is still entitled to the protection of the 4th Amendment with regards to arrest warrants, i.e., probably cause for arrest (even though the Exclusionary Rule doesn't apply).

Hope this makes sense, and good luck in law school.

[yamx]

Well, I can think of one or two things Neal has done on the show that... *g*

But I love seeing him beating the FBI at their own game. :)

[elrhiarhodan]

Thank you!

I do admit that the paperwork scenario is farfetched, but this was my first fanfic ever, and I was more interested in fixing the "let's just throw you back in jail" problem than being true to canon.

[longbca.livejournal.com]

Great

[elrhiarhodan]

Thank you!

[debris_k.livejournal.com]

Go Neal! *\o/*

I really liked this, off to read the sequel now.

[elrhiarhodan]

Thank you so very much. This was the first fic I ever wrote.

[coffeethyme4me.livejournal.com]

I love this line:

"...his felt good, like he was in an episode of Law & Order and just blindsided the DA with some obscure ruling."

I thought this was so unique and well-written and, sort of, rockin'! Go, Neal!!! Oh, and I love the Peter warning voice!!!

[elrhiarhodan]

Wheee!

Thank you so much.

[definehome.livejournal.com]

Oh yeah, I really loved this one. This to totally why I friended your journal... there's actually some angst and neat bits in your meta-in-story-form. I really liked it.

A) in Powerplay Peter did (albeit jokingly) remind Neal that he could throw him back any time he wanted to (That bit where they are in the FBI offices and Peter is introduced as Neal)

B) In the finale... Neal just demanded that Peter PROVE that he'd been responsible for the explosion, implying that he knows there has to be some sort of reasonable proof (that being said, he did threaten Fowler with a gun, and impersonate an FBI officer, both which if it gets pulled up would probably warrant being put back wouldn't they?)

[damietta.livejournal.com]

Well, one thing that hasn't changed is how smart Neal is (in most area's of his life).

[shelley6441.livejournal.com]

Gad, I just read my comments from one year ago - I'm such a git!

Anyway, Reese has grown on me but I like it when Neal gives him a little sass. And when he gives Peter a lot of sass!

Congrats on your WC anniversary, Elr.

*hugs*

[syredronning.livejournal.com]

Great story, and interesting to learn about these aspects :) Thanks for sharing your law knowledge with us.

[ebeneezerdark.livejournal.com]

I remember reading this (TWO years ago! Time flies...), and if anything the legal FAILs have gotten worse. ::headdesk::

What do YOU think of Kramer's machinations in the Season 3 finale?

Right now, I'm reading as a break in writing my own AU extrapolation of the finale MESS (AU in that Neal doesn't run, and ends up working under Kramer for awhile... My title's "Indentured Servitude"). I'm sorta hand-waving a lot of the legal realities (e.g.: if Neal's done something bad enough to go back to prison, wouldn't they just send him back on those new charges rather than turn his leash over to a different "handler" in a new city?), not being a lawyer...

I'm more concerned with figuring out how Peter can get Neal BACK to NYC and out of Kramer's clutches once Kramer's proven himself totally incompetent at dealing fairly with Neal. (Actually considering letting OPR redeem themselves, 'cause as a firm believer in civil liberties and "Quis custodiet ipsos custodes?", I dislike the over-used cop-show trope that Internal Affairs departments are "The Rat Squad", and automatic Bad Guys. Just as one crooked cop shouldn't tarnish a whole force, one Fowler shouldn't be used to show the whole of OPR is "bad"...)

Anyway, about the only reason I can see for Neal not fighting Kramer tooth-and-nail is if he's convinced that it'll hurt Peter's career... because I do NOT believe any decent judge would throw him in prison (especially after all his FBI work) for his hijinks on the aerial tram, and he could easily come up with reasonable doubt on whatever they call the running-away-from-cops charge. Hell, there are people in WitSec who've committed VIOLENT crimes, but are free because they've helped the government put even WORSE crooks in prison...
::growls at Kramer and the WC writers::

Anyway, love this even more upon re-reading!

[deepasocean.livejournal.com]

Wow! This law is really cool!

[elrhiarhodan]

Thank you!

Yeah - WC is not necessary great with following all the legal nuances.

[ocmiss.livejournal.com]

I really enjoy a well researched fic,this was captivating. Loved the interactions and the way Neal handled the situation, oscillating between rudeness/smugness and respect.
Good for you, in your teeth Hughes for empty threats. (last line was pure neal-ness).

[elrhiarhodan]

Thank you! It's always lovely when someone comments on this fic, my very first in fandom!