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Dealing With the Police 101
Last night, a friend called me up and asked me to accompany him to the police station. The police had knocked on his door, waking up his girlfriend while he was out. When he called, they wouldn’t tell him why they wanted to talk to him. Was it an ex trying to make his life difficult or one of his employees getting investigated?
This friend has had a number of interactions with the police, but never learned how to deal with them. Before we left, I gave him a crash course in “stay out of jail”.
Lesson 1: The Police Are Not Your Friends.
During an investigation, you are a suspect. They are looking for a conviction. There may be a “good cop” trying to “help you out”, but he is trying to put you in jail. “Protect and Serve” doesn’t mean you. In general, it means society as a whole. During an investigation, they are serving the interests of the prosecutor.
Generally, they are going to look at you–as the target of their investigation–as the enemy. This is normal. They spend all of their time dealing with scumbags and s***heads. Naturally, they start to assume that everyone who isn’t a cop will fall into one of those categories.
Don’t get pissed when they act rude, ignore you, or anything else. It isn’t a lack of professionalism, it’s just a different profession. They are using interrogation techniques that have been proven successful. Ignore it and focus on Lesson 2.
It will feel wrong to disobey the authority you’ve been taught your entire life to obey. You’re not. You are standing by your rights. Nobody cares about your future more than you do. Certainly not the guy investigating you.
Lesson 2: Your Lawyer is Your Friend.
The second a police interaction starts to look like they are investigating you, demand your lawyer, then see Lesson 4. When you demand an attorney, they stop asking you questions. You can take it back and start talking, so again, see Lesson 4. It’s your attorney’s job to talk to the police and, if necessary, the media. It’s your job to talk to your attorney.
You don’t need an attorney ahead of time. Criminal defense attorneys are used to getting calls at 3AM. It’s part of their job. If you have a low enough income as defined by whatever jurisdiction you are being investigated in, you can get a public defender. That’s better than nothing, but I’d prefer to hire a professional shark, even if it means mortgaging my future. Prison is a big gamble.
Lesson 3. Consent is Your Enemy.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
“Officer, I do not consent to any search and I would like to speak to my attorney.” Remember this. Memorize it.
They need probable cause, a warrant, or permission to search your stuff. Never agree to it. Don’t stop them if they search anyway, but never, ever agree to a search. If the search is done improperly, your lawyer(see Lesson 2) will get the results of that searched thrown out.
It isn’t possible to get into more trouble for standing by your rights. There is no crime on the books anywhere in the US called “Refused Consent to Search”. Your day will not go worse because you defended your Constitutional rights.
Lesson 4. Shut Up.
I know a few defense attorneys. According to them, most of the people in jail either committed a crime in front of a bunch of witnesses, or they talked their way into jail. Shut up. You’ll want to either justify or defend yourself depending on the circumstances. Don’t. Shut up. It may be one of the hardest things you ever do, but keep your mouth closed. The only thing worse than talking is lying. Don’t lie, just keep quiet.
There is nothing you are going to say that will make your interrogator invite you home for Christmas. He isn’t your friend, you won’t meet his parents, you aren’t going to his birthday party. There is absolutely no win in talking to him. Shut up. The answer to every question is “Lawyer.” If the only thing you say babble is “Lawyerlawyerlawyerlawyerlawyerlawyer”, you’re probably not going to do too badly.
In your car, the dynamic changes a bit, but the principles don’t. When a cop pulls you over, don’t argue. You can’t win an argument with a cop on the side of the road. Be nice, be polite, and as soon as possible, pull into a parking lot and take as many notes about the encounter as you can. If you are planning to fight whatever he pulled you over for, don’t give him any reason to remember you or spin his official report to make you look bad. Again, shut up. Catching a theme?
Gambling With Your Future
If you are being investigated by the police, your future–or some part of it–is on the line. While you are gambling with your criminal record and your freedom, don’t forget that you are an amateur in this arena. The police, the prosecutor, and your attorney are the professionals and the stakes can be huge. Keep your mouth shut, call your attorney, and thank me later.
Does Money Make Miley Cyrus Act Crazy?
If you’re like millions of people who saw Miley Cyrus’s performance at the MTV Video Music Awards recently, you’ve probably wondered what the effect of massive success on the music and acting star. Cyrus seems to be
doing everything possible to remake her image in the exact opposite of her squeaky clean mold that Disney and other companies have created for her over the last several years. (A rumor has it that Disney even created a contractual obligation for Cyrus to maintain a certain haircut during her “Hannah Montana” television show.) There’s a sense of someone taking on their first sense of independence, and running with it — the star seemed to be sending the message to the audience that she was not going to live according to the expectations of others anymore, and from the look of it, they got that message loud and clear.
The horrified looks of Rihanna, Drake, and Will Smith aside, the real question people had is whether the massive financial rewards of Cyrus’ singing career can explain her crazy behavior. Cyrus is said to be worth about $100,000,000 — certainly a fortune by any standards. And since she is still struggling with the problems of young adulthood — forming an identity, understanding her values and taking a place in society, it’s very likely that her finances contribute to at least some of her behavior.This effect of money can come from many different areas of life. For one, many people who become wealthy at a young age are suddenly struck with the fact that they have no need to work, but who often want to develop a career and contribute to society. Take Steve Jobs for example, who at 31 years old was fired from Apple Inc. by the company’s board of directors. Jobs had in fact started the company himself, and was worth well over a hundred million dollars by that time. And yet, feeling like contributing to society was more important to his life than resting on his laurels, Jobs started a new company, NeXT, where he hoped to contribute inexpensive computers to universities.
The fact that Cyrus is barely into her 20s should tell you something about how much time she has to develop her career. She has enough to retire at an age when most people are just starting their first real job. And that is a tough position to be in. If she is hoping to push her singing and acting career well into adulthood — as most artists would like to — it may be that she is trying to make her mark now. Think of it a bit like Bob Dylan in 1964, releasing electric music for the first time, when before that point he was primarily known as a folk singer making gentle acoustic music.
Dylan’s idea may have been a bit like what Cyrus’ is. That is to say, maybe Miley Cyrus is trying to avoid becoming a has-been, a relic of the 2000’s who burned out playing inoffensive pop music. If this is the case, Cyrus may be able to shift her career into a different mode by showing herself to be an uncompromising artist. Remember that even the greats of the past — Frank Sinatra for example — were once viewed as essentially music for teenagers, and not serious artists. Sinatra even suffered career failure in his 20’s when his audience grew up and moved on to other things. But he came back to record success when he began allowing his music to mature and his ideas to gain focus. If Cyrus can pull such a move, she may not be remembered as a teeny-bopper, but as a serious artist.
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Festival of Frugality #287: The Independence Day Edition
Today, it is my please to host the 287th Festival of Frugality, the Independence Day Edition. Yesterday, was Independence Day in the US. It’s the day we celebrate throwing off the yolk of high-tax, no-rights tyranny and blowing stuff up.
That’s not what this Festival is about. As much as I love this country and enjoyed celebrating, today, the theme is the Independence Day movie.
Coolest ID4 fact, ever: A promotional piece that aired in Spain for this film set off a “War of the Worlds” type of wide spread panic. The promo featured a popular Spanish news anchor and the piece ran as if there really WAS an alien attack to occur on July 4.
Editor’s Picks
The explosion of the Welcome Wagon Helicopters was actually footage of a pyrotechnics accident on set.
Miss T. gives us Seven Reasons to Avoid Penny Auction Sites. She does a great job of explaining the evil that is Penny Auctions, from outright fraud to the rip-off that is the basic business model. Some of these sites make $5000 or more on an iPad auction. They don’t even have to carry an inventory before running an auction.
Independence Day holds the record for most miniature model-work. It beat the previous record by double.
Philip submits Turn Wasted Extra Money Into a Debt Payment. I have a friend who is positive he can’t reduce his monthly expenses at all, while eating out almost every day.
The alien ship “miniature” was 65 feet across.
Boomer presents Financial Support For Your Adult Children. I love my parents. A lot. I couldn’t imagine moving back in with them, and I’m pretty sure they’d feel the same way soon enough. Although, Mom, if you’re reading this, can I have an allowance again?
This was the highest grossing film in 1996.
Suba presents Why you should not use 401k. I’ve never questioned the wisdom of maxing out a 401k. It’s good to see those assumptions challenged and the numbers crunched.
The Best of the Rest
President Whitmore: Good morning. In less than an hour, aircraft from here will join others from around the world. And you will be launching the largest aerial battle in the history of mankind. Mankind, that word should have new meaning to all of us. We cannot be consumed by our petty differences anymore. Perhaps it is fate that today is the fourth of July, and we will once again be fighting for our freedom. But not for freedom from tyrrany or oppression or persecution. We’re fighting for our right to live, to exist. And should we win the day, the Fourth of July will no longer be known as an American holiday, but as the day when the world stood up and declared in one voice that we will not go quietly into the night! We will not vanish without a fight! We’re going to live on! We’re going to survive! Today we celebrate our Independence Day!
FMF presents Save Money on Groceries by Shopping on Wednesday posted at Free Money Finance.
Harri Pierce presents Have a second hand summer posted at TotallyMoney.
Daniel presents Top 10 Reasons to Shop Online vs. Shopping In-Store posted at Sweating The Big Stuff.
President Whitmore: It’s a fine line between standing behind a principle and hiding behind one.
Philip Taylor presents The Best Time to Buy posted at PT Money Personal Finance.
Outlaw presents Pay Yourself First and Have Money in the Bank posted at Outlaw Finance.
Crystal presents Frugal Tips for the Pet Dog posted at Budgeting in the Fun Stuff.
Matt presents The Price of Water posted at Stupid Cents.
That’s right! That’s what you get! Look at you! Ship all banged up! Who’s the man? Who’s the man?! Wait until I get another plane! I am going to line up all your friends right beside you! ~ Captain Steven Hiller
Alan presents The Cost of Online Gaming: Free to Play posted at Canadian Finance Blog.
Paula @ AffordAnything.org presents Diets and Debt: Managing Money and Your Weight posted at AffordAnything.org.
Kay Lynn presents Summer Fun for the Frugal Family posted at Bucksome Boomer.
Jacob @ My Personal Finance Journey presents Top 10 Money Saving Tips posted at My Personal Finance Journey.
If you’re so smart, tell me something, how come you go to M.I.T. for 8 years to become a cable repairman?~ Julius Levinson
Glen Craig presents The Cost of Clutter on Your Finances and Life posted at Free From Broke.
Eddie presents 55 Suggestions To Save $1000 posted at Finance Fox.
Darwin presents Are You Better Off Than Your Parents? posted at Darwin’s Money.
Sustainable PF presents Sustainability Tip #179: Loose Cap Lose Gas posted at Sustainable Personal Finance.
WHOOOOO!!!!!!!!! Elvis has left the building! ~ Captain Steven Hiller
I hope you enjoyed the carnival. Please take a moment to subscribe to Live Real, Now.
Save Your Family
I don’t attach much importance to dreams. They are just there to make sleepy-time less boring. Last night, I had a dream where I spent most of my time trying to prepare my wife to run our finances before telling my son that I wouldn’t be around to watch him grow up. That’s an unpleasant thought to wake up with. Lying there, trying to digest this dream, I started thinking about the transition from “I deal with the bills” to “I’m not there to deal with it”. We aren’t prepared for that transition. Last year, we started putting together our “In case of death” file, but that project fell short. The highest priorities are done. We have wills and health directives, but how would my wife pay the bills? Everything is electronic. Does she know how to log in to the bank’s billpay system? Which bills are only in my name, and will go away if I die? Is there a list of our life insurance policies?
I checked the incomplete file that contains this information. It hasn’t been updated since September. It’s time to get that finished. Procrastinating is inappropriate and denial is futile. Here’s a news flash: You are going to die. Hopefully, it won’t happen soon, but it will happen. Is your family prepared for that?
The questions are “What do I need?” and “What do I have?”
First and foremost, you need a will. If you have children and do not have a will, take a moment–right now– to slap yourself. A judge is not the best person to determine where your children should go if you die. The rest of it is minor, if you’re married. Let your next-of-kin, your spouse keep it. I don’t care. Just take care of your kids! Set up a trust to pay for the care of your children. Their new guardians will appreciate it. How hard is it to set up? I use Quicken Willmaker and have been very pleased. Of course, the true test is in probate court, and I won’t be there for it. If you are more comfortable getting an attorney, then do so. I’ve done it each way. You can cut some costs by using Willmaker, then taking it to an attorney for review.
It’s a sad fact that often, before you die, you spend some time dying. Do you have a health care directive? Does your family know, in writing, if and when you want the plug pulled? Who gets to make that decision? Have you set up a medical power of attorney, so someone can make medical decisions on your behalf if you aren’t able? Do you want, and if so, do you have a Do-Not-Resuscitate order? Willmaker will handle all of this, too.
What’s going to happen to your bank accounts? I’m personally a fan of keeping both of our names on all of our accounts. I share my life and my heart, I’d better be able to trust her with our money. If that’s not an option, for whatever reason, fill out the “Payable on Death” information for your accounts, establishing a beneficiary who can get access to your money if you die. Do you want your spouse to lose the house or the car if you die? Should your kids have to miss meals? Make sure necessary access to your money exists.
Does anybody know what you have for life insurance? Get a copy of the policy and make sure your spouse and someone else knows what company holds it and how much it is worth.
Now, it’s time to make some lists. You need to gather account numbers and contact information for everything.
- Bank accounts. List every bank and account you own. Checking, savings, CDs.
- Investment accounts. Again, every company, every account.
- Mortgage and car payment information.
- Life insurance. Get your policy numbers, contact information, beneficiaries, and amount of coverage all in one place.
- Credit card accounts. Every card, every company. If it’s just your name on the account, your spouse will need to send certified death certificates to stop collections. Otherwise, she’ll need to pay the bills.
- Utilities. Get the account number for the electric bill, the gas bill, water/sewer/garbage, cable and phones.
- Other bills. These include car/home insurance, Netflix, memberships and anything else you pay.
- I’ve included the account information for my web host, registrars and websites. Some of it is salable, some of it is income-generating.
- Car titles. Put the actual titles in the pile of lists.
- Property deeds. Keep these here, too.
Non-financial information to list:
- Online accounts. Any financial sites that would be useful, or any community sites you would like to have informed about your death. Your online presence is a part of who you are.
- Email accounts. Will your survivors need to interact with anybody potentially contacting you? They will need your username and password, or most big providers won’t let them in.
- Social media. How many networks do you participate in? Do you want to disappear, or should all of your Facebook friends know your dead?
- Blogs. Do you have a blog that needs an announcement? Does it generate income? Could it be sold?
- Contact list. Who else needs to be informed of your demise? Don’t make your loved ones hunt for the information.
Now, take all of this information and put it in a nice, fat envelope and lock it in the fireproof safe you have bolted to the floor. Make a copy and give it to someone you trust absolutely. Make sure someone knows the combination to the safe or where to find the key.
Your loved ones will appreciate it.
Fixing Your Credit Report
Sometimes, negative things appear on your credit report. Usually, they do a good job of maintaining
Credit card (Photo credit: Wikipedia)accuracy, but mistakes do happen. The creditor or the reporting agency may screw up, or you may have your identity stolen. If either of these situations are true, you’ll want to correct your credit report, making yourself eligible for lower rates on future credit and, occasionally, lowering the cost of things like auto insurance.
If you throw “credit repair” into Google, you get 18 million hits. Most of those are either outright scams or hopelessly optimistic about what they can accomplish. As I said once before:
Credit Repair is almost always a scam. There are ways to get correct bad information removed from your credit report. If the information is correct, those methods are illegal. There are two legal methods to repair your credit. First, stop generating bad credit. Make your payments on time and eventually, the bad items will fall off. Second, write letters disputing the actual incorrect items on your credit report. There are no quick fixes, and anybody telling you different is flirting with a jail sentence, possibly yours.
There are ways to avoid the scammers.
- Avoid advance-fee credit repair. If they are any good, you will pay for results, not intentions. If they charge beforehand, they are already breaking the law.
- If they insist they can erase the accurate, but negative information, run away.
- If they tell you to dispute everything negative, even the accurate information, run away.
- If they tell you to create a new credit identity, don’t just run, report them. It’s a felony.
Legally, you cannot get valid information removed from your credit report. Anyone who tells you differently is advocating a crime. However, according to the Fair Credit Reporting Act (FCRA), you are entitled dispute incorrect records.
To verify the accuracy of your credit report, you need to see it. You can get a free report if your credit is used to deny you for something. This is known as an “adverse action” . You have 60 days from the denial to request the report. You can also get one free report from each of the major credit bureaus each year. I space out these requests so I see my credit report every 4 months.
If there is inaccurate information on your report, dispute it in writing. Send a letter to the credit bureau that is reporting the error. Explain the problem and politely demand an investigation. They will contact the creditor, who usually has 30 days to respond. In the meantime, send a dispute letter to the creditor, along with proof of the inaccuracy. If the investigation does not go your way, the creditor will have to report the dispute status to the credit bureaus in the future.
If the negative items are accurate, there is only one way to get it off of your report legally: Wait. Most negative information can only be reported for 7 years, while a bankruptcy will be reported for 10.
Another way to build your credit in the face of negative credit is to start building good credit to overshadow the bad. Get a credit card. Your first credit card from the bottom of the debt-barrel will probably be a gas card or a store-branded credit card. That’s fine. The main consideration is are low or nonexistent fees. Don’t accept application fees, activation fees, fees for carrying a balance or fees for not carrying a balance. Annual fees are becoming a fact of life, so look for low fees. The interest rate does not matter. You will be paying this card off immediately, meaning no less often that every two weeks. Make sure every penny is paid during the grace period, and make sure your card comes with a grace period. Some don’t. Those are bad cards to get.
There are no quick fixes for bad credit, just good new habits and time.
