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Dealing With the Police 101

NEW YORK, NY - FEBRUARY 01: Shackles for slav... — (Image credit: Getty Images via @daylife)

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.

Living the High Life

Finance, Life

This post is part of the Yakezie Blog swap. I have swapped this week with Eric at Narrow Bridge Finance. This is a post from Eric discussing the theme: What Motivates You to be Financially Responsible? Please take a moment to read my post, Monsters, at Eric’s site.

Unlike my blogger buddy Jason here at LiveRealNow, I have no family. Quite the opposite in fact, I am loving the single guy life. I don’t have much debt. I love going to the bars and partying on the weekends. I have a good job. I have relatively low expenses. Things are good.

So what is my motivation to be financially responsible? It is two-fold. First, I want to be able to keep doing whatever I want whenever I want without worrying about money. Second, I do want to settle down someday in the not too distant future and make sure I have a good foundation to start the next chapter of my life.

I Want to Do Whatever I Want Whenever I Want

Is that selfish? Probably. But who cares? I don’t have kids, I don’t have a wife. I don’t even have a girlfriend at the moment. I do make an effort to donate to local organizations I believe in and I am happy to have friends over for a pre-game and buy a round of drinks, but that is as far as my obligation to others goes.

Doing whatever I want is not always cheap. I like going to concerts. I enjoy nightclubs. I love traveling and exploring new places. $80 tickets, a $15 cover plus drinks, and a $500 trip are fairly common occurrences in my life.

As you know, money doesn’t grow on trees. I have to work hard to pay for the things I want and the experiences I have. I am totally okay with that. But I have to plan now to be able to do what I want later.

I live in a modest and inexpensive apartment. I try to keep my food budget low. I bought a small car that would be reliable, low maintenance, and fuel efficient.

By cutting out wasteful spending and thinking before I spend, I am able to do pretty much whatever I want. If you have the same goal, dive into the depths of your budget. Dig in deep and see where you are spending money. Not to be cliché, but the ‘latte factor’ is a big deal. Those stops at Starbucks, afternoon snacks, energy drinks, cable bills, and other cash drains might not be worth it. If you don’t really, really enjoy it and get pleasure from it, why would you spend money on it?

My Future – Family, Travel, and Early Retirement

I am 26. I am at that point where I am going on a lot of dates. I am meeting a lot of great girls. One of these days, probably when I least expect it, I will fall madly in love and get married. You know the story.

My short term dream is a life of travel and urban living. My long term dream is to get married to a hot Jewish girl (I am Jewish, so it makes sense to “keep it in the tribe”) and have two or three kids. Once kids are in the picture, we move out from the urban fun areas and settle down in the burbs.

But just because I will give up the party life does not mean I have to give up my passions. I want to show my kids the world, give them amazing life experiences, and help them grow to hopefully be even more awesome than me, which is a hard bar to beat.

To do all of that and reach financial freedom, I have to set my goals and work to achieve them. (In case you were wondering, Jason recently wrote a great post on financial goal setting. If you have not read it yet, you really should.)

To get there, I am already working on saving and investing. I am contributing over 10% of my gross income at work to my retirement plans. I am working hard to pay down my student loans and save up a down payment fund. I am planning ahead and saving for my future goals.

How to Reach Your Goals

You probably have financial and life goals too. What are you doing to get there?

We can always tell people about our dreams. However, unlike when you are two years old and dream of being an astronaut police officer that lives in a toy store with an ice cream machine and a McDonald’s in it, your dreams today can be a reality.

With few exceptions, every person can reach their goals. Do you want to retire at 40? Take steps to save and create residual income streams. Do you want to travel in space? Save up to buy a ticket on Virgin Galactic. Do you not have enough money? Diversify your income streams and make more. Do you feel chained down by your traditional desk job that you hate? Start a business and transition to self employment.

Yes, it is easier said than done. But you will never reach your goals unless you take solid steps to get there. Don’t just dream it, live it.

Please take a moment to head over to Eric’s site, Narrow Bridge Finance. While you’re there, be sure to subscribe. You don’t want to miss his posts.

Sunday Roundup: It’s Push-Up Time

Life

I Knew Pushups Would Pay Off Someday — Image by reid.gilman via Flickr

It’s the end of a month, so it’s time to announce my new 30 Day Project. Last February, in 22 days, I went from having my abs cramp after doing 15 push-ups to doing a set of 100. Yes, really.

The problem is that the push-ups weren’t perfect. Funny things happen to your body when you are doing 100 push-ups. It’s hard to tell what your body is doing. I had good form for the first 80, but after that, my body wasn’t perfectly straight. I looked like a typical second grader in gym class. But I did it. They were push-ups.

I haven’t done a push-up since.

In March, I am going to get myself back up to 100 push-ups, only this time, I will only be doing perfect push-ups.

Here’s the plan, based on what worked last year:

This weekend, I established my baseline. I did as many push-ups as I could, until the point of failure. Failure for this purpose is defined as either my form faltering or me collapsing. I went until I couldn’t hold my body straight.

Starting on the first, I will be doing 5 sets of push-ups, twice a day.

Set 1: One half of my baseline. Starting from 24 push-ups, this set will be 12 push-ups. As I progress, this set will never be more than 20 push-ups. It is the warm-up set, after all.

Sets 2-4: ¾ of my baseline, so 18 to start.

Set 5: Go to failure. Once again, failure is defined as faulty from. This will establish my baseline for the next session.

If I don’t progress for 3 days, I will take a day off to recover and–given previous experience–come back with some serious improvement.

This is a self-correcting progression. If I can’t meet the previous day’s baseline, my last set will be lower, which will lower the baseline for the following session.

An interesting question I have is how it will affect my diet. I haven’t been exercising at all, to see how well the slow carb diet does on it’s own. Now, I’m going to be adding an aggressive exercise plan on top of it. A plan that involves a bit of muscle bulking. I’m guessing that my weight loss will slow down a lot, but I will shed inches like mad. I will be tracking my progression, and my weight and measurements. The graphs should be fun.

30 Day Project 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 33 pounds since January 2nd! That’s 3 pounds since last week. Only 9 more to meet my goal for February. Oh wait. I won’t be hitting it this month.

Total Inches: I have lost 17 inches in the same time frame, down half an inch since last week.

Giveaway

I’ve got some codes for H&R Block Premium Online. It’s federal only and the state return costs an extra $35, but that’s still a screaming deal. Premium handles small business and investment tax issues. If you want to get it, leave a comment saying so. First come, first serve, until I’m out of codes.

Best Posts

Yes, I Am Cheap has a post about growing up poor.

Public Service Announcement: Liquidation sales are rarely good deals. When one store in a chain closes, the profitable merchandise always gets shipped to another store. The rest of it will often get marked up, in anticipation of people shutting off their critical thinking skills in the face of big “On Sale” signs.

I’ve found a new life goal: underground glowworm cave tubing. Wow.

OpenLibrary is offering up 80,000 ebooks to borrow, for free. 10,000 of them are still in copyright. I need a kindle.

LRN Timewarp

This is where I review the posts I wrote a year ago. Did you miss them then?

A few years ago, I sold a truck(on payments) to a friend, who promptly quit paying me and disappeared. I ended up playing repossessing the truck.

There was also a story about how I convinced two big companies that collecting on me for a bill of more than $800 wasn’t worth the effort. It was good, because I didn’t make the call.

Carnivals I’ve Rocked and Guest Posts I’ve Rolled

Slow Carb Diet: How to Avoid Going Bat-**** Crazy was included in the Festival of Frugality.

Three Alternatives to a Budget was included in the Totally Money Carnival.

Protect your home was included in the Carnival of Personal Finance.

Budgets Are Sexy ran my post, Side Hustle Series: I’m a Gun Permit Instructor. I forgot to link back to this, last week.

Prairie EcoThrifter ran my post, The Luxury of Vacation for the Yakezie Blog Swap.

Thank you! If I missed anyone, please let me know.

Yakezie Blog Swap

Eric hosted the Yakezie Blog Swap, which is a bunch of bloggers writing on the same topic and sharing the posts with each other. Here is his list of the participants this round.

I wrote about my journey to become a DJ at Beating Broke.

Beating Broke wrote about shoe shopping at Narrow Bridge.

Barbara Friedberg got a really nice couch and shared the experience at Wealth Informatics.

Suba doesn’t think the rent is too damn high, in fact, Suba thinks it is worth it and shares at Barbara Friedberg Personal Finance.

Mr. and Mrs. BP spent a lot when they got a dog. Read about it at 101 Centavos.

101 Centavos went nuts on an anniversary, but you know what that can get you… Read about it at Broke Professionals.

Latisha Styles’ post at Bucksome Boomer is I Spent How Much?! My Birthday Trip to the Bahamas.

Kay Lynn spent her heart out on a new car with all the bells and whistles and you can read about it at Financial Success for Young Adults.

Derek got a sweet new digital camera and tells us about it at My Personal Finance Journey.

Jacob has splurged a couple of times on travel and outdoor gear and has no regrets and shares the experiences at My Life and Finances.

Miss T. likes to splurge on travel. We have something in common. The difference? She wrote about it at Live Real Now.

Jason is a fan of the luxury of vacation. You can read about it at the Prairie EcoThrifter.

Squirrelers went to Europe for three weeks. Totally worth it! Read about it at Money Sanity.

Money Sanity likes good champagne. I can’t judge, I like good Scotch. Read about why at Squirrelers.

Melissa took 10 days and took the trip of a lifetime to visit a friend in China. Read about it at The Saved Quarter.

The Saved Quarter bought a Blendtec blender. Yes, the blender from “will it blend.” The story is at Mom’s Plan. (In case you were wondering, this blender can blend anything. Well, anything but Chuck Norris.)

Get More Out of Live Real, Now

There are so many ways you can read and interact with this site.

You can subscribe by RSS and get the posts in your favorite news reader. I prefer Google Reader.

You can subscribe by email and get, not only the posts delivered to your inbox, but occasional giveaways and tidbits not available elsewhere.

You can ‘Like’ LRN on Facebook. Facebook gets more use than Google. It can’t hurt to see what you want where you want.

You can follow LRN on Twitter. This comes with some nearly-instant interaction.

You can send me an email, telling me what you liked, what you didn’t like, or what you’d like to see more(or less) of. I promise to reply to any email that isn’t purely spam.

Have a great week!

Refinancing Through the HARP Program

Finance

HARP Refinance

If you owe more than your house is worth, and want to refinance to today’s low interest rates, you need to check out the HARP program. Millions of homeowners with underwater homes are finding relief in a new version of the Home Affordable Refinance Program (HARP). Refinancing to lower interest rates could slash your monthly mortgage payment or shorten the time it takes to pay-off your mortgage.

The new HARP loosened qualification rules, making it it easier for underwater homeowners to qualify for a refinance. When HARP 2.0 was released in November 2011 you had to work with your original lender. Since March 2012, when Fannie Mae and Freddie Mac rolled out the automated underwriting systems, you can work with any participating HARP lender. That means more competition for your business and better rates for you

HARP 2.0’s Hurdles

There are two series of hurdles you must clear before you can refinance your loan under HARP 2.0. The first set of hurdles concerns the loan itself. The three key eligibility questions are:

Is the loan owned by Fannie Mae or Freddie Mac?
If so, was the loan purchased by Fannie or Freddie on or before May 31, 2009?
The loan was not refinanced under HARP before (some exceptions apply).

If you answer yes to these three questions, then your loan may be eligible for HARP.

Tip: If your loan is a FHA loan, then check out a FHA streamline refinance loan.

The second set of hurdles concerns your finances and property. Fannie Mae and Freddie Mac set up the basic guidelines. There are two basic ways your loan can be processed:

Manual Underwriting System: Only your original lender (who is also your current servicer) can process a HARP loan through the manual underwriting system.
Automated Underwriting System: Any participating lender can process a HARP loan through the automated system.

Keep in mind that lenders are free to have stricter qualifying rules than the basic Fannie and Freddie requirements.

When shopping for a HARP loan, here are some of the main points to look out for:

Credit Score Requirements: Fannie and Freddie have no minimum FICO score requirements. However, each lender has its own credit score requirements, so if you are denied by one lender, keep shopping.
Income Requirements: Your original lender can approve a loan with no debt to income ratio (DTI) requirement. However other lenders must qualify you based on your DTI. The rule-of-thumb for a HARP loan is a 45% maximum DTI.
Timely Mortgage Payments: The HARP program allows for no late mortgage payments in the last 6 months and one late (30 days) payment in the preceding 6 months. However, some lenders do not allow any late payments.
Investment Properties Qualify: You can refinance a second home or rental property under HARP 2.0.
Fees: Lenders are not consistent in the fees or the interest rates they charge for HARP 2.0 loans. Some lenders charge a few hundred dollars for HARP 2.0 loan fees, and others charge thousands. It pays to shop around, so you can compare interest rates and fees.
Condos: While HARP guidelines for condos are tricky, many more condo owners will qualify for a loan under HARP 2.0 than under the first version of HARP.

Applying for HARP
First, go to the Fannie Mae and Freddie Mac Web sites to learn if either owns your loan and whether they bought your loan on or before May 31, 2009. If so, you can contact either your current mortgage servicer or shop around with the many lenders who are offering the HARP 2.0 loan.

If your application is rejected, ask for the specific reason why. If you applied with your original lender, find out whether the lender used the manual or automated system. Request manual underwriting if your original lender turned you down based on automated underwriting, as it may result in your loan being approved.

It pays to shop for HARP 2.0 refinance. Many homeowners report one lender will reject their application, but another will offer them an attractive refinance. Second, lenders are not consistent in their offers. As mentioned, closing costs are all over the map. Interest rates vary, too.

Summary
HARP 2.0’s rules are technical. Each lender creates different overlays. If you believe you qualify for HARP 2.0, be persistent! The rules that are in place today could very well be expanded in the future. This is one instance in life where shopping can be the solution to your problem.

The Luxury of Vacation

Finance, Parenting

This was a guest post I wrote last year to answer the question posed by the Yakezie blog swap, “Name a time you splurged and were glad you did.”

There are so many things that I’ve wanted to spend my money on, and quite a few that I have. Just this week, we went a little nuts when we found out that the owner of the game store near us was retiring and had his entire stock 40% off. Another time, we splurged long-term and bought smartphones, more than doubling our monthly cell phone bill.

This isn’t about those extravagances. This is about a time I splurged and was glad I did. Sure, I enjoy using my cell phone and I will definitely get a lot of use out of our new games, but they aren’t enough to make me really happy.

The splurge that makes me happiest is the vacation we took last year.

Vacations are clearly a luxury. Nonessential. Unnecessary. A splurge.

When we were just a year into our debt repayment, we realized that, not only is debt burnout a problem, but our kids’ childhoods weren’t conveniently pausing themselves while we cut every possible extra expense to get out of debt. No matter how we begged, they insisted on continuing to grow.

Nothing we will do will ever bring back their childhoods once they grow up or—more importantly—their childhood memories. They’ll only be children for eighteen years. That sounds like a long time, but that time flies by so quickly.

We decided it was necessary to reduce our debt repayment and start saving for family vacations.

Last summer, we spent a week in a city a few hours away. This was a week with no internet access, no playdates, no work, and no chores. We hit a number of museums, which went surprisingly well for our small children. Our kids got to climb high over a waterfall and hike miles through the forest. We spent time every day teaching them to swim and play games. Six months later, my two year old still talks about the scenic train ride and my eleven year old still plays poker with us.

We spent a week together, with no distractions and nothing to do but enjoy each other’s company. And we did. The week cost us several extra months of remaining in debt, but it was worth every cent. Memories like we made can’t be bought or faked and can, in fact, be treasured forever.

Budget Lesson, Part 5