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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.
ING Direct – 2 Day Sale
Today and tomorrow, ING Direct is having a “Financial Independence Days Sale”.
It’s a good sale. If you open a checking account or Sharebuilder account and you’ll get $76. Apply for a mortgage and you’ll get $776 off of the closing costs.
I have accounts at 4 different banks. Two of those were opened for specific debt-reduction purposes. Of the others, one is used for most of my cash flow and bill payments, and the other is ING. As of this moment, I have 15 accounts or sub-accounts with ING Direct.
Opening an account is painless and only takes a few minutes. They are currently offering up to 1.25% in an interest-bearing checking account, though I’ve never qualified for more than .25%. That account comes with overdraft protection, so you are charged interest instead of overdraft fees.
Once you have your first account set up, sub-accounts can be created in literally seconds. Why would you want a bunch of sub-accounts? I have a number of saving goals. Each of these goals has its own account at ING. I can tell at a glance how much we have saved for our vacation next month and far away we are from affording my son’s braces. My kids each have an account here because, currently, the interest rate is at 1.1%, which is miles ahead of most traditional banks. Combined with the convenience of total online control, there’s no contest.
Money transfers are smooth. I use one of my accounts as a transfer account to get money to and from two separate banks.
I also have a Sharebuilder account. For those who aren’t familiar with it, it is a stock brokerage with low fees and a low barrier to entry. If you set up an automatic investment, you get $4 stock trades with no minimum. I’m not aware of any place cheaper.
That all sounds like a lot of ad copy and the links are affiliate links, but the truth is, I am just that happy with ING. I’ve never had an accounting error, or any problems at all.
The downside? Paper checks are verboten. They will not accept paper checks, but you do have a check card to use. You can hit 35,000 ATMS for free withdrawals, but any deposits are held for a few days before you have access to the funds. It can also take 3-4 days to transfer money from ING to another bank. I keep enough in the accounts that I’m always spending or transferring older deposits while I wait for the new ones to clear.
Even if you don’t like the bank, get a checking account, use it a few times and get $76 for very little trouble. Open a Sharebuilder account, buy some stock and collect $76 for it. Without an automatic payment, it will cost you less than $20 to buy, then sell the stock, netting you $56.
Who doesn’t like free money?
The Tax Man Cometh
- Image by brianjmatis via Flickr
Is the IRS after you? Did you forget to file your tax returns for the last 10 years? Are you worried that they are going to seize your bank accounts, leaving you broke and unable to finance your latest Pokemon acquisition?
There are many reasons people neglect to file their tax returns. None of the reasons are good. The usual reason is that you know you’ll owe money you can’t afford to pay, so you wrap yourself in denial and attempt to delay the inevitable. For future reference, the government always wins. Not filing is a temporary solution at best, and a really bad one at that. Not paying just guarantees that you will owe more penalties than if you had filed and gotten on a repayment plan. Avoiding your tax return will come back to haunt you eventually.
If you haven’t filed your tax returns, you need to do so as soon as possible. The longer you wait, the fewer options you have and the more likely the account seizures. Keep your money under your own control. Another problem with not filing is that the IRS will estimate your tax debt. The estimate is always in their favor. If you file, you get to list your deductions. If you don’t file, they give you the standard deduction and ignore almost everything in your favor. In some cases, this can mean they think you owe $10,000 when in reality, if you file, you will only possibly owe $1500.
To get started, you need to do is call the IRS at (800) TAX-1040. This call serves three purposes.
First, you need to confirm which years you need to file. Simply ask for the last year in which you have filed.
Second, request a transcript of all of your 1099s and W-2s. These are the forms that your employers, investments, and banks have sent to the IRS detailing your income. Over the years, it’s easy to lose paperwork, so this will ensure that you’re records match theirs. Depending on the time of the year, you should have the files in under a week. You’ll get one per delinquent year.
Third, this call gives you a chance to get on the “good debtor” list. You may have to get transferred to the collections department, but make sure you get someone to update your file with the fact that you are making good on your taxes. They will probably give you 30 days to file. Treat this as a hard deadline.
[ad name=”inlineleft”]Now that you have all of your paperwork, it’s time for the long slog. You have to do several years worth of returns, generally in one or two sittings. You can usually find back years of Turbo Tax on Amazon for cheap. As of this writing, the back years are under $10 per year. While you are filing, please keep in mind any charitable donations or business expenses you may have had. If you are missing a receipt for a major business purchase, never fear! The IRS does accept reasonable alternatives. I know of one case of an individual writing a letter to the IRS that read:
To Whom it May Concern:
Please accept this letter as a receipt for the purchase of a snowplow in the amount of $3000.
If you do this, you had better be able to back it up with the existence of an actual snowplow.
After you prepare your returns, look at the amounts you owe. You can only collect a refund for the last three years. If you owe more than you can afford to pay, you have two option, payment plans or settlement.
Payment plans involve delayed or continual payments. From IRS.gov:
Request an Extension of Time to Pay — Based on the circumstances, a taxpayer could qualify for an extension of time to pay. The IRS is willing to allow extensions of time to pay in order to assist in tax debt repayment. A taxpayer can request an extension from 30 to 120 days depending on the specific situation. Taxpayers qualifying for an extension of time to pay of 30 to 120 days generally will pay less in penalties and interest than if the debt were repaid through an installment agreement. Taxpayers can request an extension of time to pay using the Online Payment Agreement option available on thisWeb site.
- Apply for an Installment Agreement — The IRS may allow taxpayers to pay any remaining balance in monthly installments through an installment agreement. Taxpayers who owe $25,000 or less may apply for a payment plan electronically, using the Online Payment Agreement application. Alternatively, taxpayers may attach a Form 9465, Installment Agreement Request, to the front of their tax return. Taxpayers must show the amount of their proposed monthly payment and the date they wish to make their payment each month. The IRS charges a $105 fee for setting up an installment agreement. The fee is reduced to $52 for those who establish a direct debit installment agreement and $43 for those with an income below a certain level (for more information, see Form 13844). Taxpayers are required to pay interest plus a late payment penalty on the unpaid taxes for each month or part of a month, after the due date that the tax is not paid. A taxpayer who does not file the return by the due date — including extensions — may have to pay a failure-to-file penalty.
The IRS must accept your payment plan if your tax debt is under $10,000 and your proposed plan will pay it off within three years.
The other option is a settlement, or Offer in Compromise. Generally, only 10-15% of such offers are accepted. The IRS will rarely accept the off if they feel they can collect the debt for less than the amount owed. Don’t believe the guys on TV who pretend it is an effortless solution. From IRS.gov, the three acceptable reasons for OIC are as follows:
1. Doubt as to Collectibility – Doubt exists that the taxpayer could ever pay the full amount of tax liability owed within the remainder of the statutory period for collection.
Example: A taxpayer owes $20,000 for unpaid tax liabilities and agrees that the tax she owes is correct. The taxpayer’s monthly income does not meet her necessary living expenses. She does not own any real property and does not have the ability to fully pay the liability now or through monthly installment payments.
2. Doubt as to Liability – A legitimate doubt exists that the assessed tax liability is correct. Possible reasons to submit a doubt as to liability offer include: (1) the examiner made a mistake interpreting the law, (2) the examiner failed to consider the taxpayer’s evidence or (3) the taxpayer has new evidence.
Example: The taxpayer was vice president of a corporation from 2004-2005. In 2006, the corporation accrued unpaid payroll taxes and the taxpayer was assessed a trust fund recovery penalty as a responsible party of the corporation. The taxpayer was no longer a corporate officer and had resigned from the corporation on 12/31/2005. Since the taxpayer had resigned prior to the payroll taxes accruing and was not contacted prior to the assessment, there is legitimate doubt that the assessed tax liability is correct.
3. Effective Tax Administration – There is no doubt that the tax is correct and there is potential to collect the full amount of the tax owed, but an exceptional circumstance exists that would allow the IRS to consider an OIC. To be eligible for compromise on this basis, a taxpayer must demonstrate that the collection of the tax would create an economic hardship or would be unfair and inequitable.
Example: Mr. & Mrs. Taxpayer have assets sufficient to satisfy the tax liability and provide full time care and assistance to a dependent child, who has a serious long-term illness. It is expected that Mr. and Mrs. Taxpayer will need to use the equity in assets to provide for adequate basic living expenses and medical care for the child. There is no doubt that the tax is correct.
If you have a settlement accepted, you have three options for payment. A lump-sum payment must be paid in 5 installments or less, a short-term payment plan may be paid over 2 years, and the long-term repayment option has no set payment. Each of these options must meet differing levels of potential repayment, including figuring your real assets(your house and investments). In addition, you must include a non-refundable first payment and a $150 application fee when you apply for the settlement.
No matter which option you take, you can’t run from government debt. It will catch up to you and that will always be more painful that dealing with it on your own terms.
Update: This post has been included in the Carnival of Personal Finance.
Sunday Roundup: Home Depot and Your Kids
Yesterday, I took my girls to Home Depot. On the first Saturday of every month, Home Depot has a workshop for kids that gives kids a chance to make a small craft project with a parent. For free. This month was race cars. My girls look forward to it all month.
30 Day Project Update
This month, I am trying to do 100 perfect push-ups in a single set. I’m recording each session in a spreadsheet. As of this writing, I am up to 26 in a set, doing about 90 per twice-daily session. I’m expecting to do more tonight(Saturday) as I’m currently taking a 24 hour break to let my muscles heal a bit. By previous experience, I’m guessing I’ll hit 30-35 in the morning.
Weight Loss Update
I am on the Slow Carb Diet. At the end of the month, I’ll see what the results were and decide if it’s worth continuing. For those who don’t know, the Slow Carb Diet involves cutting out potatoes, rice, flour, sugar, and dairy in all their forms. My meals consist of 40% proteins, 30% vegetables, and 30% legumes(beans or lentils). There is no calorie counting, just some specific rules, accompanied by a timed supplement regimen and some timed exercises to manipulate my metabolism. The supplements are NOT effedrin-based diet pills, or, in fact, uppers of any kind. There is also a weekly cheat day, to cut the impulse to cheat and to avoid letting my body go into famine mode.
I’m measuring two metrics, my weight and the total inches of my waist , hips, biceps, and thighs. Between the two, I should have an accurate assessment of my progress.
Weight: I have lost 35 pounds since January 2nd. That’s 2 pounds since last week, meaning I missed my February goal by 7 pounds. I added some cheese back into my diet, to see if it hurt. It did. Research showed that dairy inhibits the insulin response, make dairy a bad thing for a diet entirely out of proportion to its glycemic index.
Total Inches: I have lost 19.5 inches in the same time frame, down 2.5 inches since last week.
Best Posts
Lifehacker ran a post on simple ways to make money online. They may not all pay well, but the poorly-paid tasks are something you can do while watching TV.
Finally! A post explaining the exact connection between autism and vaccinations.
I’d love to see free-market healthcare given a chance, just once. We’d never go back.
Going to college, try some of these scholarships.
Most observant people realize that TSA is a joke. For those who didn’t realize that, TSA admitted it, too.
LRN Timewarp
This is where I review the posts I wrote a year ago. Did you miss them then?
This week last year, I wrote a post about doing 100 push-ups in a single set. Is it a coincidence that I’m trying again a year later?
Carnivals I’ve Rocked and Guest Posts I’ve Rolled
Money Problems – Day 3: What’s Coming In? was included in the Festival of Frugality.
5 Reasons Why I Splurge On Travel was included in the Totally Money Carnival.
Ignore Your Budget was included in the Carnival of Personal Finance.
Thank you! If I missed anyone, please let me know.
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Protection for your Loved Ones
This is a guest post.
Life cover insurance acts as a safety net to pay for a family’s expenses should a wage earner become critically ill or die prematurely. Life cover includes life insurance as well as disability, critical illness, mortgage and income protection insurance policies.
Importance of life cover insurance
In most families, at least one adult is a wage earner and uses their income to pay for necessities such as food, clothing and rent or mortgage. If the wage earner becomes disabled, too ill to work, or dies, life cover insurance can pay for these expenses.
Stay-at-home parents provide valuable, though unpaid, services to the family. Without that person, the family would have to pay for childcare, household upkeep, errand running, and every other chore the stay-at-home parent did. If the stay-at-home parent has life insurance, these expenses can be covered.
Life cover insurance can pay off mortgages and education loans.
Live cover insurance policies will pay funeral costs, which can be substantial.
Family owned businesses can be insured and protected if the owner dies.
Objections
Life cover insurance is too expensive.
Insurance companies have plans to suit every budget and life circumstance. While young and healthy adults will generally receive the most affordable policies, older adults have plenty of reasonably priced options as well.
Disability or severe illness is unlikely.
Actually, 32% of men and 25% of women, ages 40 to 70, will experience a critical illness or disability. http://www.healthinsuranceguide.co.uk/statistics_mainbody.asp
Discussing disability or death is awkward and uncomfortable.
Agreed, but avoiding the topic puts loved ones into economic jeopardy. Without the wage earner’s life cover, a family could lose their home and have to lower their standard of living.
Variety of life cover insurances
Life Insurance
Term insurance is a protection policy, paid for during a specific time period (term), and is active during that time only. Permanent, whole, variable, universal and universal variable life insurance policies all are investment policies. They combine a death benefit (the amount paid out when the insured person dies) with an investment account. Licensed and experienced life insurance agents can help individuals make the best choice for their life situation.
Critical Illness/Disability Insurance
This type of insurance pays for living expenses if a person is diagnosed with a serious illness or disabled and can no longer work.
Mortgage Insurance
This is paid when the mortgage owner dies. This could help prevent the surviving family from having to sell the home.
The time to buy life cover insurance is now!
A 2010 survey (http://www.prnewswire.com/news-releases/ownership-of-individual-life-insurance-falls-to-50-year-low-limra-reports-101789323.html) stated that individual life insurance ownership was at a 50 year low in the United States. An estimated 35 million (30% of households) Americans do not have life insurance, and 11 million of these households have children under 18. Already living paycheck to paycheck, any debilitating injury or death of a wage earning adult could spell financial disaster to the family. Buying life cover insurance is a vital part of caring for loved ones. Just as a wage earner provides a home, food and daily necessities for their family, life cover insurance can take over and provide for the family if the wage earner unable to do so.
