Legally accountable for crimes described? (creative noniction)

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live4themusic

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In works of creative nonfiction? I'm grappling with potential legal ramifications from descriptions of relatively innocuous infractions like playing in home poker games and smoking pot to more stigmatized actions like selling drugs (which I was already arrested and convicted for).

There are many works that may sit on the fence of creative nonfiction such as On the Road, or Fear and Loathing in Las Vegas, or Electric Kool-aid acid test that presume to describe very serious crimes (in terms of legal weight, not necessarily against humanity in my eyes), with, to my knowledge, no consequences on the parts of the author or other pseudonym-ized characters in the book. Is all I have to do to avoid possible legal penalty to change the names of characters in the story, including myself? Can the work still then be considered creative nonfiction? I will be writing some stories for my creative nonfiction class this semester and had a lot of questions like these.
 

thothguard51

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Even if you admit to murder, the authorities still have to prove it by a preponderance of evidence...

With that said, books, magazines, and newspapers articles have been introduced into evidence to show a persons character, but not as sole evidence of the crime committed.

Or so I have read...
 

Gatita

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There's also the question of statute of limitations, which can be five or seven years for some crimes, longer for others and of course, murder has no statute of limitations. If the statute time is up, you may be okay.

I'd say the answer really depends on the type of crime (using drugs in the past, for example, might be fine but admitting to robbing a bank could still draw some serious interest from law enforcement, name change or not).

And of course, even in creative nonfiction, you still are expected by readers (and publishers) to stick to the truth.
 
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