Criminal Memoir?

Hello Absolute Writers! My first time post!

I have a question about writing a memoir about crime and the law and how publishers view it. Any advice would be most welcome.

I have been talking to a man with a fascinating life story about possibly co-writing his memoir. He has a big criminal past as a drug dealer, forger, and thief. He spent time in prison on several different occasions on felony convictions, and is now out on parole and has completely turned his life around.

BUT - there's a law nicknamed the "Son of Sam law" which prohibits criminals from profiting by their crimes, specifically through books and movies. All the states involved in his life story have versions of this law. My question is: do these laws pretty much squelch any possibility of co-writing a memoir with a criminal if the memoir deals with his criminal past? I notice that there are almost no memoirs of crime out there, and the Son of Sam law would explain that. Does anyone know about this first hand? Or do you have a suggestion of how I could find out? My co-writer is consulting an attorney, but I'm wondering more how publishers and book agents view this sort of memoir. Do these Son of Sam laws mean they won't touch memoirs of crime? My instincts tell me yes, but I'd like to get it from a real agent or publisher, just to be sure.

I don't want to put a lot of time and energy into a project that has no chance of getting published. But I also don't want to abandon an interesting project before getting all the facts. Any advice or thoughts?

Thanks!

Silverking - thought about writing a bio, but I don't think its as marketable as memoir, and oddly enough, just doesn't interest me as much. And yeah - he might not like it! Before our first real meeting, alone, I did think to myself, "Hmm - so now I'm gonna go meet the felon in his hotel room..." But it was fine. He's a gentleman these days.

I've heard elsewhere that if he was willing to siphon all his profits into a fund for victims, it might be feasible. But do I get to keep my half? And he might not like that either -- he wants any profit (on his side) to go to the nonprofit he's founded.

His attorney will answer these questions, I guess. I'm just worried that book agents and publishers will automatically turn it down given the legal complexities.

Thanks, everyone, for all the advice! You're right - an attorney would be helpful. Wish I wasn't so dang poor. I heard from a friend who works with a published memoirist who wrote about his time in jail for counterfeiting -- and he's made profits from his book and the subsequent movie deal. Apparently the New York version of the law allows non-violent criminals to profit from writing about their crimes. Violent ones - no dice. My co-author has no violent convictions, so that may work in his favor. But the published memoirist advised having a great attorney on your side too. So there you go!

The laws have been overthrown in the past. Then the states went back and rewrote the laws to try and make them more acceptable to the Supreme Court. Those new versions haven't been challenged yet, though they may be. It certainly does step on people's first amendment rights. But the Supreme Cout did indicate that the states do have an interest in compensating victims of crimes and keeping criminals from profiting from their crimes. It's an interesting issue. I guess I just don't want to be the one to take the case to the Supreme Court again. I'd rather be writing.

I have done a lot of background on this guy. I'm being extra careful not only for my own safety but because of James Frey's fabrications in his memoir. Don't want to fabricate any major facts the way he did! I have a lot of testimonials from the folks my co-author currently works with, clients of his non-profit, educators, doctors, people I know personally to be reliable, etc., saying how great it is to work with him now. But I'm also always wary when dealing with him, because of his past. He's really trying to make it now in the straight-arrow world, but I believe he'll always think like a criminal. It's fascinating and should make for a great memoir. But it keeps me cautious. Big time.

Thanks again!

Just wanted to wrap up and share info in case anyone else comes up against this Son of Sam law issue. Turns out that the relevent state laws to my case list very specifically which crimes a convicted felon cannot profit from. These are all violent crimes - murder, manslaughter, assault, kidnapping, sexual assault, and terrorism. So Charles Manson can't write a memoir and make bank on it. But my co-author, who was convicted of drug dealing and admits to all sorts of other non-violent crimes, should be exempt from the law. The New York law is the same, and I suspect many other state laws are as well.

Of course, we are still consulting an attorney. Better safe than sorry! But the tentative feeling now is that at least I can go ahead and continue writing the book proposal and begin writing the book without worrying too much that it'll all be moot.

Thanks to everyone who read and replied! Wish me luck.