Criminal Defense: Creating A Fund For Your Fees

It is a sad fact of the justice system that the more money you have

, the better criminal defense you can afford. While everyone is entitled to legal representation according to their means, the difference between hiring a private attorney and relying on the public defender is a vast one. While anything is better than attempting to represent yourself, you're unlikely to get a cognizant, excellent legal strategy from a PD who is handling dozens of cases simultaneously. But if you can't afford the fees that come with a good private attorney, what can you do? Here is how you can set up a fund for your fees.

Choose Your Method

According to the IRS, you have four different kinds of organizations you can set up in relations to legal funds. The first is legal and organizational, the second is a human rights organization, the third is a public interest law firm, and the fourth is a group initiating action as the plaintiff. Your criminal defense fund must meet one of these definitions, which are expounded upon in IRS literature. Which organization you create may differ depending on your exact circumstances, though it will likely be centered around the first type.

Charitable Trust

You'll need to create a charitable trust, complete with an overseeing board, if you want to begin soliciting donations. An operating plan will be drafted and the funds collected will be dispersed according to the rules of that plan. The unfortunate truth is that you will probably need to hire a lawyer to get all of the details of this charity in order, including the tax details. If everything is done correctly, however, you should qualify for tax exempt status, which means you can use all of the donations to pay off your criminal defense fees.

Get the Word Out

Once you have your charitable trust in place, you can begin soliciting donations for your criminal defense fund. The best way to do this is to publicize your case. Your friends and family members may be willing to donate to your cause, but if you want to collect a serious amount, you'll need to go beyond that. It will help tremendously if you have some sort of angle to your story that will entice others to donate. No one wants to feel as though they are donating to someone who is in jail because they belong there. The internet, local news organizations, and writers in the area can be powerful sources when it comes to getting the word out about your case.

by: Aloysius Aucoin

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