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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.

Budgeting tips – sticking to your budget

Finance

If you are looking to get out of debt, or you are currently debt-free and want to stay that way, then it is important that you get a grip of your financial situation and live within your means.

A good way to do this is to create a budget as this gives you a clear indication of how much money is coming in, how much is going out and also highlights any areas where you may need to make cut backs should you be falling short each month.

Once you have sorted out the figures and made necessary amendments, for example paying bills by direct debit in order to make savings or cutting existing debts by carrying out a balance transfer to a lower rate credit card, it is time to start focussing on the lifestyle changes.

As you will find, it is one thing to create a budget and quite another to stick to it, but by adhering to the following steps and exercising a certain amount of will power, you should be able to ensure that you live within your means and resist the urge to reach for that credit card.

Keep focussed

Before you start to look at how you can stick to your budget you need to clarify why you need to stick to your budget!

A budget can initially seem like something that has been devised with the sole intention of stopping you having fun and buying or doing the things that you want. So it is important to remember that, though some cutbacks may be necessary in the short term, a budget is a long-term strategy that will allow you to take control of your finances and, all being well, live a happy life that is free from the worry of excessive debt.

Change your habits

Unfortunately, a successful budget can require a change in lifestyle and this can be one of the most difficult things to adhere to.

For example, if you have previously enjoyed eating out regularly then you may have to make cut backs in this area to ensure that you are living within your means. But, instead of seeing this as a negative, try to focus on the positives and remember the reasons why you are budgeting.

And a change in habits doesn’t necessarily mean that you have to cut back on your enjoyment of life and it may actually open your eyes to other pursuits you may not have previously considered.

For example, instead of eating out try preparing a meal at home and turn your dining room into a restaurant. This means that you can still have the fine dining experience but at a fraction of the price and without the worry of making a reservation!

Shop smarter

Lists figure heavily when creating a personal budget and list-making is a habit that you should get used to when trying to stick to your budget.

When budgeting it is vitally important to avoid impulse buying and a great way to do this is to always make a list of things you need before you go shopping.

This means that you will have a clear idea of what you need and you will be less inclined to make random purchases that may just turn out to be an unnecessary drain on your finances. It’s also worth mentioning at this point that you should always differentiate and prioritise the things you need over the things you simply want.

If you are unsure how to make the distinction then put off making the purchase for a couple of days and then reconsider if you actually need it. This cooling off period will often convince you that you can do without it and save you money.

In addition, savings can be made on your shopping by simply swapping big name brands for supermarket own varieties, using discount coupons and looking for any special offers.

Overall, it is important to be fully focussed and committed to your budget plan and to be aware that a change in finances may require a change in lifestyle. But a few short term changes may well add up to better finances in the long term.

Article written by Les Roberts, budget reporter at Moneysupermarket.com.

6 Questions to Financially Get to Know Each Other

Finance

This topic has been blatantly stolen from Budgets are Sexy.

1) How do you spend: cash, debit or credit? I use cash almost exclusively. I live in Minnesota and have two small children, so bundling the brats up to go inside the gas station to pay is nuts. Gas stations get the debit card. Online shopping, or automatic payments set up in the payee’s system are done on a credit card that gets paid off every month.

[ad name=”inlineright”]2) Do you bank online? How about use a financial aggregator (Mint, Wesabe, Yodlee, etc.)? I bank online. I use USBank for my daily cash flow, INGDirect for savings management and Wells Fargo for business. I used Mint strictly as a net worth calculator and alerting system. I use Quicken to manage my money and a spreadsheet for my budget, but I really like the quick, hands-off way that Mint gathers my account information and emails low balance alerts.

3) What recurring bills do you have set on autopay? Absolutely everything except daycare, 2 annual payments, and 1 quarterly payment.

4) How are your finances automated? I use USBank’s billpay system, instead of setting up autopayments at every possible payee. This gives me instant total control and reminders before each payment. The exceptions are my mortgage, netflix, and Dish. My mortgage company takes the money automatically from my checking. The other two hit a credit card automatically. Our paychecks are direct-deposited and automatically transferred to the different accounts and banks, as necessary.

5) Do you write checks? If so, how often? Once per week, for daycare. Occasionally for school fundraisers.

6) Where do you stash your short-term savings? I have quite a few savings accounts with INGDirect to meet all of my savings goals. For the truly short term, I add a line item in Quicken and just leave the money in my checking account.

Who’s next?

I’d Tap That: Making Life Difficult for Government Spying

Life

Skip to the bottom if you’re familiar with PRISM and don’t want to hear any political talk and rampant violations of our Constitutional rights, but still want to protect your privacy.

For those of you who haven’t been paying attention, the PRISM program is an NSA program to monitor electronic activity.

Lots of electronic activity.

The companies identified to be working with the NSA in this grand overreach include AOL, Apple, Facebook, Google, Microsoft, PalTalk, Skype, Yahoo! and YouTube. For most people, that is the definition of “the internet”. If you’re doing it online, the NSA is–or could be, at their leisure–watching.

This isn’t a crazy conspiracy theory. This is happening, and the government has admitted it. In fact, when this broke, the executive branch’s response was along the lines of, “Don’t worry, we’ll find the guy who leaked this information.”

On top of that, the government has been demanding phone records from at least Verizon on a daily basis.

In addition, the Justice Department was just busted wiretapping Associated Press phones.

Seriously, if you put this in fiction, nobody would buy it, because it’s ridiculous in the land of the free.

As far as the people who say I’ve got nothing to worry about if I’m not doing anything wrong: shut up. You can speak again when you give me your email passwords, bank records, and let me install a toilet cam in your house. What are you trying to hide?

Seriously, there is such a mess of non-legislative administrative regulations that are considered felonies that the best estimate is that most people commit three felonies a day, without realizing it.

Catch your kid with a joint and neglect to call the cops? Welcome to the federal penitentiary.
Use one of those pill planner things to sort prescription meds for your half-senile grandmother? In some states, that’s a felony.

When we live in a system with so many rules that have never been voted on and our legal system refuses to consider legitimate ignorance of the law to be a defense and we have a collection of secret laws that are a felony to disclose or violate, government spying gets far more dangerous.

Many TSA guidelines are secret.
The Banking Secrecy Act of 1970 has a number of secret provisions.
FISA.

The Foreign Intelligence Surveillance Act of 1978(FISA) is the law the NSA is using to justify all of these data requests. The law, that we all must obey, is being overseen by a small subcommittee in Congress, and the FISA courts are just a small subset of the judges. The judges are signing warrants allowing the wiretaps and massive surveillance, but that is clearly unconstitutional and, hence, illegal.

The text of the Fourth Amendment to the Constitution, the supreme law of the United States is: “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.”

Any warrant that cannot name a place to be searched is illegal.

Any warrant that cannot describe the person to be monitored is illegal.

Any warrant that is not backed by probable cause is illegal.

Tell me how “I want to watch what everyone is saying on Facebook and seize all of the data” meets any of those criteria.

Bueller?

Wiretapping the AP is a serious violation of the First Amendment, too. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

“Congress shall make no law…abridging the freedom of speech, or of the press..and to petition the Government for a redress of grievances.”

Monitoring the press in case somebody breaks a story the government doesn’t want broken is crap.

How can we petition the government for redress of grievances that they call a felony if the company discloses the violation to us? It’s self-serving circular crap.

When you throw the IRS harassing charities working for the “wrong” politics, you start to pine for the good old days of Nixon-level fair play and integrity.

To be fair, FISA got nasty with the Patriot Act, which was an abomination enacted by a different political party. Hey, Washington, next time try to remember that your laws will someday be administered by your political enemies, k? (NSA: I trust you’ll pass the message for me?)

Political talk is over. How do we stop the government snooping?

There are four main pieces to discuss, based on the scandalous Constitutional violations reported recently.

1. Social media monitoring. There’s nothing to this. If you post things on Facebook, the government sees it and knows it’s you. Don’t post anything you don’t want broadcast to the police, your grandmother, and your priest.

2. Internet browsing. There is very little that is secure on the internet. The government can subpoena your ISP and get any records they keep. Unless you go anonymous and encrypted. Welcome to TOR. The Onion Router is a system that encrypts your internet traffic and bounces it all over the world. Once you enter TOR, nothing you do can be tracked, until your internet request leave the TOR system. The system is not centrally owned or controlled, so nobody in the system can track what you are doing.

For example, if I use the TOR browser to search Wikipedia, a snoopy NSA goon could tell I’m using it, and they could tell there was a request from the TOR system to Wikipedia, but they can’t tie one request to the other. If I’m dumb and log into Facebook, I lose that anonymous shield.

That’s solid protection from anyone watching your internet traffic.

How do you use it?

Easy. Just install the Tor Bundle. When you want the NSA to stop snooping over your shoulder because you want to do a search on erectile dysfunction, you launch TOR and the TOR browser and search without having to share your embarrassing secrets.

3. Email. Email is easily the least secure means you can communicate. When you send an email, that message is in plain text, and it bounces from server to server until it reaches the recipient. Any of the involved servers can keep a log of the traffic and read your email.

Never, ever, ever, ever put anything incriminating or important in an email. Don’t send credit card numbers, your social security number, or the address of your meth lab.

But what if you want to have a dirty conversation with your spouse without letting the sick voyeurs at the NSA listen to you ask your wife what she’s wearing and how would she like it torn off?

Use PGP. OpenPGP is a free software encryption program that is basically impossible to decrypt. It’s known as public-key encryption, which means that anybody can encrypt a message to you that only you can read.

It’s like magic.

To use PGP, the easy way(for Windows users) is to get Gpg4win. Install that, then open Kleopatra. This will let you generate your encryption key. You do that by:

Clicking File, then New Certificate
Click Create Personal OpenPGP key pair
Enter your name and email, then click next, then “Create Key”. Enter your passphrase when asked.

You now have a set of PGP keys. To get your public key that others can use to send you messages, right-click your certificate and select “Export certificates”. Pick a path to save the certificate, then do so. You can open this file with notepad to get your public key, or you can email the file out. There is no need to worry about security with this file.

You will end up with something that looks like my public key here:

—–BEGIN PGP PUBLIC KEY BLOCK—–
Version: GnuPG v2.0.20 (MingW32)
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=fHba
—–END PGP PUBLIC KEY BLOCK—–

To get your private key, that you can use with any number of plugins for your email client, right-click on your certificate and select “Export secret keys.”

You can either use PGP as a plugin for your email client, or you can use Kleopatra’s feature “Sign/encrypt files”. To do that, write your message in a file, then select the feature inside Kleopatra. You’ll end up with an encrypted file you can attach to your email that snoopy government man can’t read.

4. Phone calls. This would appear to be harder, since your phone is largely out of your control. There’s nothing practical you do about a landline, except to avoid saying anything sensitive. On your cell phone, you have options, assuming you use a smartphone.

For Android users, it’s free an easy. Install Redphone. If you place a call with Redphone, it checks to see if the caller also uses Redphone. If he does, it places an encrypted call over your data plan to the other phone. Nobody can listen in to an encrypted call. The same company also makes a program for texting.

For iPhone users, you’re stuck with Silent Circle for $10/month, which may be a better option, since there is support for more devices, including Android. It was designed by the guy who designed PGP and handles texting and email, too.

That’s it.

There you are, the whats, whys, and hows of modern, hassle-light, private communications. Doing what we can to foil bad government programs is our patriotic duty.

Money Problems – Day 7: Paying Off Debt

Finance

Today, I am continuing the series, Money Problems: 30 Days to Perfect Finances. The series will consist of 30 things you can do in one setting to perfect your finances. It’s not a system to magically make your debt disappear. Instead, it is a path to understanding where you are, where you want to be, and–most importantly–how to bridge the gap.

I’m not running the series in 30 consecutive days. That’s not my schedule. Also, I think that talking about the same thing for 30 days straight will bore both of us. Instead, it will run roughly once a week. To make sure you don’t miss a post, please take a moment to subscribe, either by email or rss.

On this, Day 7, we’re going to talk about paying off debt.

Until you pay off your debts, you are living with an anchor around your neck, keeping you from doing the things you love. Take a look at the amount you are paying to your debt-holders each month. How could you better use that money, now? A vacation, private school for your kids, a reliable car?

If you’ve got a ton of debt, the real cost is in missed opportunities. For example, with my son’s vision therapy being poorly covered by our insurance plan, we are planning a much smaller vacation this summer–a “staycation”–instead of a trip to the Black Hills. If we didn’t have a debt payment to worry about, we’d have a much larger savings and would have been able to absorb the cost without canceling other plans. The way it is, our poor planning and reliance on debt over the last 10 years have cost us the opportunity to go somewhere new.

The only way to regain the ability to take advantage of future opportunities is to get out of debt, which tends to be an intimidating thought. When we started on our journey out of debt, we were buried 6 figures deep, with a credit card balance that matched our mortgage. It looked like an impossible obstacle, but we’ve been making it happen. The secret is to make a plan and stick with it. Pick some kind of plan, and follow it until you are done. Don’t give up and don’t get discouraged.

What kind of plan should you pick? That’s a personal choice. What motivates you? Do you want to see quick progress or do you like seeing the effects of efficient, long-term planning? These are the most common options:

Debt Snowball

Popularized by Dave Ramsey, this is the plan with the greatest emotional effect. It’s bad math, but that doesn’t matter, if the people using it are motivated to keep at it long enough to get out of debt.

To prepare your debt snowball, take all of your debts–no matter how small–and arrange them in order of balance. Ignore the interest rate. You’re going to pay the minimum payment on each of your debts, except for the smallest balance. That one will get every spare cent you can throw at it. When the smallest debt is paid off, that payment and every spare cent you were throwing at it(your “snowball”) will go to the next smallest debt. As the smallest debts are paid off, your snowball will grow and each subsequent debt will be paid off faster that you will initially think possible. You will build up a momentum that will shrink your debts quickly.

This is the plan I am using.

Debt Avalanche

A debt avalanche is the most efficient repayment plan. It is the plan that will, in the long-term, involve paying the least amount of interest. It’s a good thing. The downside is that it may not come with the “easy wins” that you get with the debt snowball. It is the best math; you’ll get out of debt fastest using this plan, but it’s not the most emotionally motivating.

To set this one up, you’ll take all of your bills–again–and line them up, but this time, you’ll do it strictly by interest rate. You’re going to make every minimum payment, then you’ll focus on paying the bill with the highest interest rate, first, with every available penny.

DOLP

This is the plan promoted by David Bach. It stands for Done On Last Payment. With this plan, you’ll pay the minimum payment on each debt, except for bill that is scheduled to be paid off first. You calculate this by dividing the balance of each debt by the minimum payment. This gives you an estimate of the number of months it will take to pay off each debt.

This system is less efficient than the debt avalanche–by strict math–but is better than the snowball. It give you “quick wins” faster than the snowball, but will cost a bit more than the avalanche. It’s a compromise between the two, blending the emotional satisfaction of the snowball with the better math of the avalanche.

Snowflaking

For each of these plans, you can give them a little steroid injection by snowflaking. Snowflaking is the art of making some extra cash, and throwing it straight at your debt. If you hold a yard sale, use the proceeds to make an extra debt payment. Sell some movies at the pawn shop? Make an extra car payment. Every little payment you make means fewer dollars wasted on interest.

Paying interest means you are paying for everything you buy…again. Do whatever it takes to make debt go away, and you will find yourself able to take advantage of more opportunities and spend more time doing the things you want to do. Life will be less stressful and rainbows will follow you through your day. Unicorns will guard your home and leprechauns will chase away evil-doers. The sun will always shine and stoplights will never show red. Getting out of debt is powerful stuff.

Your task today is to pick a debt plan, and get on it. Whichever plan works best for you is the right one. Organize your bills, pick one to focus on, and go to it.

Assuming you are in debt, how are you paying it off?