Top Ten Tips - Getting Out of Trouble
By Tip Dude | Mar 13, 2008
Categories: Adult, Behavior, Difficulty, Etiquette, Safety, Scams, Tips, Websites
First, this isn’t legal advice. Tip Dude doesn’t get paid enough for that. Nonetheless, here are some practical tips for those of us who are prone to get into trouble with the law, you know, like most of Tip Dude’s friends.
It must be said, though, generally, the boys in blue are really good guys. They help you out when you have an issue, and they keep the criminals off the streets. Once in a while though, you accidentally end up on the receiving end of this law enforcement machinery. Even more rarely, you get a summons which you absolutely must fight. It might be because you weren’t even doing something questionable. If you don’t fight it, it might go on your record, blah blah blah. Or maybe it involves a free speech issue that you feel really passionate about. So, I guess, sometimes, even though justice is expensive, it must be served:
- Don’t Do Anything Illegal - It’s much better just to keep out of trouble in the first place.
- Pay The Fine - Yes, you got a parking ticket. Yes, it is $150. Yes, you deserved it for parking at a fire hydrant. Yes it’s unfair, because lots of other people park at hydrants and get away with it, but today isn’t your lucky day. You pay the fine, they stop hounding you and stop threatening to suspend your driver’s license. Seems like fair deal, no? Besides, the fine is going to a good cause: someone has to pay to sweep the street, right?
- Walk Away - So you’re doing something that looks suspicious, but actually isn’t illegal at all. Someone who appears to be in authority questions you, what do you do? You can engage them and give them ammunition to bother you later, or you can just walk away. Don’t answer their questions. Do not respond to their increasing desperate yelps for your attention. Don’t bother to stay and assert your rights. If nothing else, you should learn who actually has authority in your jurisdiction and who does not. Generally, when a uniformed police officer tells you to stop, you better obey. Anybody else could be someone trying to take your wallet.
- Don’t Identify Yourself Voluntarily - If you have some minor position of authority (e.g. as an employee, an officer, a manager), it is usually best to try to get out of trouble without identifying yourself. If you identify yourself, you risk getting nailed for “you shoulda known better”. Only identify yourself when you absolutely have to. Cooperating voluntarily with someone with supposed authority (and not actual authority) just makes it easier for them to exert their nonexistent authority on you.
- Question Authority - Politely request to see the other person’s ID. Be polite and professional, not confrontational. A police officer usually has a badge, or a photo ID, with a uniquely identifying number on it. (A badge without a number is something you buy on eBay’s toy police store.) An actual police officer doesn’t mind if you ask to see their ID. Copy down the badge number, you may need it later. If the person refuse to show you ID or merely have some kind of an employee ID, be aware that they are not a police officer. You can apologize, grovel, flirt, or do whatever you want, just be aware that you aren’t dealing with actual law enforcement.
- Document Everything - So you didn’t do it, whatever they claimed you did. But you’re pretty certain that an actual police officer has an issue with something you did, and believes it to be illegal. The next step in the process is to work with the system. That means you immediately begin taking paper notes of what happened. Grab a pen and pad and start writing, even while you are having a conversation with the person of authority. Write down their name, badge number, jurisdiction, and any other information that is pertinent to the situation. Ask questions. Determine what issue exactly attracted their attention. If the person refuses to explain, note that fact. Be polite, cool, and unemotional. All you have to do is to keep a running log of facts and information that is being exchanged, along with date and time. Avoid heated words and confrontational tones.
- Take Photos - If you’re in a situation because of a fender bender, or whatever other issue where the evidence is potentially perishable, grab a camera and take pictures. This is one good reason to carry a digital camera (or a camera phone) on your person at all times. You can also take pictures of any document that anyone may choose to share with you.
- Get Representation - The best way to get a lawyer is to go through a personal friend who has either worked with one lawyer or knows a lawyer personally. If not, use the internet law referral services (use state bar association websites or a site like findlaw.com). Try not to respond to attorney advertisements that promise everything; they usually figure out a way to charge you later - but then, having a lawyer is always better than not having one. Remember, fighting the justice system is expensive. It’s much better and cheaper just to stay out of trouble in the first place.
- Do Not Make Unnecessary Statements - Once you make a statement, it is difficult to back away from it. Especially when statements are made at the time and in a hurry. That is the reason why if you have an automobile accident involving a pedestrian, calling 911 would generate a series of questions such as: “What color of clothing is the pedestrian wearing?” on a potentially taped telephone line. While Tip Dude isn’t sure whether it is legal to refuse to answer questions from an 911 operator, from a common sense perspective it would seem that the only information they would actually require is your name, your location, and the nature of the emergency.
- Deny, Deny, Deny - The only entity you really have to answer to is your conscience. You are under no obligation to share any information with anyone else. If you choose to share information, it is because you believe sharing that information would give you an advantage in whatever situation you face. Remember, you’re innocent until proven guilty. Let your conscience be your guide. If you did do something questionable, let them do their homework to figure out what you did and prove that you did it. If you didn’t, don’t confess just to get away from the situation. There are truly some situations where admitting to something just doesn’t help you. For instance, if someone accuses you of harassing another employee, and you honestly can’t remember if you’d made any harassing remarks or not: admit it or admit that you can’t remember would get you fired; not admitting to it would require “them” to prove that you did make harassing remarks, or find some other excuse to fire you. What should you do? You do the math on that one.
Tip Dude reminds you to be ethical in all of your dealings with fellow humans, and to answer only to your own conscience. Keep staying out of trouble. After all, Tip Dude prefers negotiated settlements, where everyone walks away happy.
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