History UsefulNotes / StayingOutOfLegalTrouble

** If the officer says you cannot leave - you are either being detained, or you are under arrest. If you're unsure as of which category you currently fall into, clarify - ask the officer "Am I being detained or am I under arrest?" If you are being detained, ask what probable cause the officer has to detain you; if you are under arrest, ask which charges you are being arrested for. Regardless of whether or not you get a crystal clear answer, YouHaveTheRightToRemainSilent applies, so invoke your right to remain silent and ask for a lawyer if the police want to interview you, and ''tell them nothing more until a lawyer has spoken to you in private''. Usually if you're being detained, you'll either walk away with nothing but wasted time or a ticket at best, but don't count on this.

* Rape has a broad definition in America. Virtually any sexual contact with another person who did not express his/her explicit consent can amount to a rape charge. So be VERY careful who do you flirt with and in what conditions. Especially when there's alcohol or other conscience-altering substances involved.

** As an additional note, anyone who is in the US should beware of other countries' laws. People should ''never under any circumstances'' bring loli/shota into certain countries (most notably Canada) under any circumstances, even if they're not actually viewing it (e.g. artists delivering commissions or selling pieces at conventions, erotica collectors, academics, etc). Canada, in particular, notably does ''not'' accept Really700YearsOld as a defense for loli/shota (which is treated as child pornography up there); in Canada, the rule goes that it doesn't matter if the character actually is a millennia-old demon princess who just happens to look like a prepubescent child, and if a person unfamiliar with the source material would have no reason to not assume that the character was a small child, it is legally considered child pornography.
* '''DO NOT POSSESS CHILD PORN.''' '''''EVER.''''' Even ignoring the [[MoralEventHorizon moral ramifications of possessing child porn]], if you own it, someone is going to find out eventually, and you are '''fucked''' when they do. Ask the police about all the times where someone got busted for child porn because an ex, their child, a computer or phone repair technician, [[EvenEvilHasStandards or possibly even]] [[TakingYouWithMe a burglar]] ratted them out. For that matter, ask a sex crimes investigator or a prosecutor how well the usual defenses work. "It was a bait-and-switch on a download" - you were probably looking for sketchy shit to begin with, and in case it wasn't already clear, ''don't open strange downloads'' if you ever have even the slightest modicum of doubt as to whether your download is legit. "I was curious" - bullshit, you knew exactly what you were getting into. "Someone uploaded it onto a message board/messaging service" - yeah, and ''you'' chose to download it to your computer or phone. "A hacker did it" - ''sometimes'' a defense, if you really pissed someone off who wants to ruin your life, or your computer was compromised and used as a drop zone for CP (though the latter usually doesn't happen unless you had some really sketchy or foolhardy browsing habits to begin with), but for every one or two times where someone successfully used that as a defense, there are ''at least'' forty or fifty times where they were clearly full of shit and got shot right down. "I didn't know they were underage" - don't have sexual chats or accept explicit photos from people whose ages you are not sure of, and if a minor ever ''does'' send you nudes for whatever reason, delete them (do ''not'' save them), block them immediately, and seriously consider consult with an attorney.[[note]]If you are also a minor, have a serious talk about them with this - you do not want them to be the reason that the both of you go to jail.[[/note]] The only successful way to avoid getting into trouble for this is to ''not have it'', and if you somehow ever do stumble across any by accident and want to alert the authorities, consult with a criminal defense attorney first. If you yourself ever feel tempted to seek it out, get professional help ''immediately'' before you jump into that black hole.
* '''DO NOT ENGAGE IN CHILD SEX TOURISM.''' '''''EVER.''''' Even ''providing'' the suspicion that you are heading to another country to engage in it or are heading back to your home country after engaging in it abroad will get you detained. If you are a male (especially a single male) from a developed or developing country traveling to or returning from a country known for sex tourism in general and particularly child sex tourism (namely Thailand, the Philippines, Brazil, Mexico, Cambodia, or Indonesia), who does not have family or close friends in the country, has no legitimate business or career-related reason for going there, and was not on a verifiably ''legitimate'' vacation there, and you cannot provide specific, believable details about your legitimate activities there if questioned, they can at least hold you for a while, and even if they are unable to prove that you were up to anything illegal, you ''will'' be flagged by the relevant authority should you ever attempt to travel to that country or another suspect one in the future. If you engage in this and they catch you dead to rights, this is your fault. Period. You could have gotten the help you needed earlier, but you chose not to, and whatever happens to you as a result of this is solely on you.

* ''Do not interact with police or law enforcement, if possible, when drunk, tired, otherwise compromised, and/or in most if not all situations when you have not summoned them for help for yourself.'' Of course there may be situations where this is unavoidable, but in most cases it is very avoidable - and avoiding it is a very good idea. SorryOccifer is TruthInTelevision, as is AlcoholInducedIdiocy - talking to cops when drunk is probably one of the worst ideas ever (as well as when angry or tired). If you don't ''have'' to talk to them -- ''don't''.

# '''Make sure anyone you are sexually involved with is of age[[note]]Ask for an ID (passport, driver's license, etc.) if you really need proof, although this is not fallible and should ''not'' be taken as such.[[/note]], sober, and enthusiastically consenting.'''

** Also, if you are a minor, it's probably best if you don't share ExplicitContent of yourself, even with your crush or your high school boyfriend/girlfriend. The law hasn't caught up with technology in every place yet, and even though they're pictures of you (presumably taken by you), and even though you're sharing them with a member of your peer group (as opposed to some 45-year-old creep), you could be facing child pornography charges, as could anyone who happens to see those photos. (Not to mention the fact that if they fall into the wrong hands, they can get you expelled from school, rejected from jobs and colleges, and/or grounded. Whether they should or not.)

#Finally, [[FrivolousLawsuit anyone can sue anyone for anything in many countries including the US and its territories]]. These lawsuits, thankfully, are rare for most individuals (businesses, celebrities, and governments tend to attract them more). Also note that courts are ''not'' tolerant of truly frivolous lawsuits (those without basis in fact or law). If you are the target of one, you can obtain some fairly severe sanctions against the plaintiff (especially perennially frivolous litigants; these people are classified as "vexatious litigants", and can end up with very limited access to the courts) and his or her attorney (who can be disbarred, suspended, or heavily fined for bringing frivolous litigation).[[note]]To qualify as a vexatious litigant, you have to habitually file worthless cases with the intent to annoy or harass, have those cases repeatedly thrown out, repeatedly attempt to get the court to determine issues that have already been determined, repeatedly use previously raised grounds and issues in subsequent proceedings, repeatedly engage in [[CourtroomAntic improper courtroom behavior]], habitually file frivolous appeals, and persistently fail to pay court costs as a result of failed proceedings.[[/note]]If you bring frivolous suits, be prepared for the consequences, which include public humiliation on the record (i.e. transcribed by a court reporter). Judges really don't like having their time wasted, and if you do, they will eviscerate you.[[note]]It also bears mentioning that an otherwise totally legitimate case can be destroyed if you repeatedly make [[ChewbaccaDefense ridiculous or worthless arguments]] or file bizarre, nonsensical motions; if an attorney does this, they can be sued for malpractice if this causes them to lose a case that was otherwise in the bag, and if a pro se litigant or defendant does this, they can expect contempt charges and fines. Once again, waste the court's time and you will be torn a new asshole.[[/note]]

'''Disclaimer''': ''This page has been provided for informational purposes only. The authors of Wiki/TVTropes can take no responsibility for any legal issues or problems that may result from regarding or disregarding the advice on this page, nor are the author(s) lawyers, police officers, or other legal professionals. This page should not be taken as valid legal counsel - but as advice on when you should probably seek valid legal counsel or to avoid the situations that could lead to an encounter with law enforcement.''

# Do not do field sobriety tests - they are designed to fail even sober drivers.

# Don't drive like an idiot, obey the rules of the road, and exercise basic courtesy.

* '''DO NOT POSSESS CHILD PORN.''' '''''EVER.''''' Even ignoring the [[MoralEventHorizon moral ramifications of possessing child porn]], if you own it, someone is going to find out eventually, and you are '''fucked''' when they do. Ask the police about all the times where someone got busted for child porn because an ex, their child, [[WhatAnIdiot a computer or phone repair technician]], [[EvenEvilHasStandards or possibly even]] [[TakingYouWithMe a burglar]] ratted them out. For that matter, ask a sex crimes investigator or a prosecutor how well the usual defenses work. "It was a bait-and-switch on a download" - you were probably looking for sketchy shit to begin with, and in case it wasn't already clear, ''don't open strange downloads'' if you ever have even the slightest modicum of doubt as to whether your download is legit. "I was curious" - bullshit, you knew exactly what you were getting into. "Someone uploaded it onto a message board/messaging service" - yeah, and ''you'' chose to download it to your computer or phone. "A hacker did it" - ''sometimes'' a defense, if you really pissed someone off who wants to ruin your life, or your computer was compromised and used as a drop zone for CP (though the latter usually doesn't happen unless you had some really sketchy or foolhardy browsing habits to begin with), but for every one or two times where someone successfully used that as a defense, there are ''at least'' forty or fifty times where they were clearly full of shit and got shot right down. "I didn't know they were underage" - don't have sexual chats or accept explicit photos from people whose ages you are not sure of, and if a minor ever ''does'' send you nudes for whatever reason, delete them (do ''not'' save them), block them immediately, and seriously consider consult with an attorney.[[note]]If you are also a minor, have a serious talk about them with this - you do not want them to be the reason that the both of you go to jail.[[/note]] The only successful way to avoid getting into trouble for this is to ''not have it'', and if you somehow ever do stumble across any by accident and want to alert the authorities, consult with a criminal defense attorney first. If you yourself ever feel tempted to seek it out, get professional help ''immediately'' before you jump into that black hole.

* ''Do not threaten people with firearms.'' Unless you have a good reason to shoot someone, that gun stays in its holster, inside the safe, in the rack in your truck bed, or (if you ''must'') in a non-secure hiding spot. Using a WeaponForIntimidation is ''extremely'' illegal and usually has penalties that are almost as bad as actually shooting at someone, and if it is a weapon that requires a permit, you can and will get that permit yanked. Don't think that threatening strangers won't come back to bite you in the ass - someone, somewhere is going to report that you flashed a gun after they accidentally cut you off and will get your plate down, and the issuing authorities will come for you very swiftly.

* ''DO NOT DRIVE DRUNK, HIGH, OR IMPAIRED.'' Seriously, this is one of the more common reasons non-hardcore criminals are arrested aside from drugs (as well as, obviously, being a huge cause of death and injury in car and motorcycle crashes) - and it is entirely pointless, stupid, and avoidable. Just ''don't do it.'' Party at home. Call a cab/rideshare service or get someone more sober than you to do it for you if you're ''that'' impaired. Get someone else to drive your car who's sober. Park the bike/car in a safe spot before you drink and catch the bus home. Call your local tipsy tow or designated driver service. There's no reason to subject yourself to risking harming others and being arrested at the same time.

* Don't think yourself smarter than law. There is literally no way to commit a crime traceless; if you got away with it, it's not your credit, it's the law not having sufficient time to deal with you. There is ''ALWAYS'' a proof of your guilt, and if it wasn't found, it was only because no one really bothered to look for it. Betting your money, freedom, and, in may cases, life, on a dumb luck, is never a good idea.

** Similarly, you should know that this also applies to preventing thefts or robberies. If you have good reason to believe that you or someone else is at risk of facing imminent physical harm, proportionate force is allowed. Stabbing, shooting, or beating someone who stole something or tried to steal something, shooting at someone prowling on your land in a locale that does not offer special protections to homeowners, or mugging or robbing back your property from someone who stole it from you - that's no bueno.

* ''Do not make straw purchases or have others make them.'' If you specifically cannot legally purchase firearms, ''there is a reason for this''. Gun store employees are specifically trained to spot straw purchases, and at the very least, they can refuse the same, and if they have a particularly bad feeling about it, they may alert law enforcement.
* ''Do not lend a vehicle or especially a firearm to anyone.'' YOU are responsible for what happens with that vehicle or that gun. If someone drives drunk in your car or stores a kilo of cocaine in it, you are the one who will go to jail. If someone uses your firearm not to go hunting but instead to commit one of the more rare and awful crimes that does make the news - you will be arrested for it. In short, don't lend cars or guns to people unless you are observing their behavior with either directly.

* '''DO NOT POSSESS CHILD PORN.''' '''''EVER.''''' Even ignoring the [[MoralEventHorizon moral ramifications of possessing child porn]], if you own it, someone is going to find out eventually, and you are '''fucked''' when they do. Ask the police about all the times where someone got busted for child porn because an ex, their child, or [[WhatAnIdiot a computer or phone repair technician]] ratted them out. For that matter, ask a sex crimes investigator or a prosecutor how well the usual defenses work. "It was a bait-and-switch on a download" - you were probably looking for sketchy shit to begin with, and in case it wasn't already clear, ''don't open strange downloads'' if you ever have even the slightest modicum of doubt as to whether your download is legit. "I was curious" - bullshit, you knew exactly what you were getting into. "Someone uploaded it onto a message board/messaging service" - yeah, and ''you'' chose to download it to your computer or phone. "A hacker did it" - ''sometimes'' a defense, if you really pissed someone off who wants to ruin your life, or your computer was compromised and used as a drop zone for CP (though the latter usually doesn't happen unless you had some really sketchy or foolhardy browsing habits to begin with), but for every one or two times where someone successfully used that as a defense, there are ''at least'' forty or fifty times where they were clearly full of shit and got shot right down. "I didn't know they were underage" - don't have sexual chats or accept explicit photos from people whose ages you are not sure of, and if a minor ever ''does'' send you nudes for whatever reason, delete them (do ''not'' save them), block them immediately, and seriously consider consult with an attorney.[[note]]If you are also a minor, have a serious talk about them with this - you do not want them to be the reason that the both of you go to jail.[[/note]] The only successful way to avoid getting into trouble for this is to ''not have it'', and if you somehow ever do stumble across any by accident and want to alert the authorities, consult with a criminal defense attorney first. If you yourself ever feel tempted to seek it out, get professional help ''immediately'' before you jump into that black hole.

* In any encounter with any person you know is connected to money, crime, sex or law, always assume the worst and don't trust anyone and anything until you get solid proof of their best intentions. This includes family members, connections of your friends, your intimate partners, lending your property to anyone, services you want to pay for, and any forms of borrowing/being borrowed money.

# The majority of arrests in the criminal system are ''not'' for intentional murders, sexual assaults, dramatic robberies and frauds, and all of the other things watching most [[PoliceProcedural police shows]] or [[SpotlightFallacy the news]] might make one think. [[HanlonsRazor The great majority are for]] [[IdiotBall bad decisions or momentary stupidity]] on behalf of the criminal, which the point of this article is to help you avoid making. Others actually are for definitely serious crimes (DomesticAbuse or sexual assault) in cases where people do not understand that their behavior is abusive and wrong in a culture that encourages and excuses such behavior, or don't care that their behavior is harming another person. This article will also help you understand what defines those crimes.

** Make sure any sex partner is of legal age to be in a sexual relationship with you. Having sex with minors is a crime, and there is no defense to the charges aside from "I did not have sex with that person." So unless you are willing to go to jail for a long time and be put on a sex offender registry/be seen as a pedophile (whether you actually view yourself as one or not is irrelevant) check that ID twice before you do ANYTHING in bed. If you have ''any'' doubt about the age of your prospective partner, then decline to engage in sex.

** As an additional note, anyone who is in the US should absolutely ''not'' bring loli/shota into certain countries (most notably Canada) under any circumstances, even if they're not actually viewing it (e.g. artists delivering commissions or selling pieces at conventions, erotica collectors, academics, etc). Canada, in particular, notably does ''not'' accept Really700YearsOld as a defense for loli/shota (which is treated as child pornography up there); in Canada, the rule goes that it doesn't matter if the character actually is a millennia-old demon princess who just happens to look like a prepubescent child, and if a person unfamiliar with the source material would have no reason to not assume that the character was a small child, it is legally considered child pornography.
* '''DO NOT POSSESS CHILD PORN.''' '''''EVER.''''' Even ignoring the [[MoralEventHorizon moral ramifications of possessing child porn]], if you own it, someone is going to find out eventually, and you are fucked when they do. Ask the police about all the times where someone got busted for child porn because an ex, their child, or [[WhatAnIdiot a computer or phone repair technician]] ratted them out. For that matter, ask a sex crimes investigator or a prosecutor how well the usual defenses work. "It was a bait-and-switch on a download" - you were probably looking for sketchy shit to begin with, and if you ever have any doubt as to whether your download is legit, ''don't open it''. "I was curious" - bullshit, you knew exactly what you were getting into. "Someone uploaded it onto a message board/messaging service" - yeah, and you chose to download it to your computer or phone. "A hacker did it" - ''sometimes'' a defense, if you really pissed someone off who wants to ruin your life, or your computer was compromised and used as a drop zone for CP (though the latter usually doesn't happen unless you had some really sketchy or foolhardy browsing habits to begin with), but for every one or two times where someone successfully used that as a defense, there are ''at least'' forty or fifty times where they were clearly full of shit and got shot right down. "I didn't know they were underage" - don't have sexual chats or accept explicit photos from people whose ages you are not sure of, and if a minor ever ''does'' send you nudes for whatever reason, do not save them, block them immediately, and possibly consult with an attorney. The only successful way to avoid getting into trouble for this is to ''not have it'', and if you somehow ever do stumble across any by accident and want to alert the authorities, consult with a criminal defense attorney first. If you yourself ever feel tempted to seek it out, get professional help ''immediately'' before you jump into that black hole.

** Don't get into physical fights. If defending yourself is unavoidable, do not go overboard

** The easiest way is simply not to pirate.
** That said, if you do choose to engage in piracy, it's often a good idea to limit the amount you do it/spread it out, use anon proxies and other means of guarding your identity, and to, if possible, stick to materials that aren't the active target of litigation. For example, the odds you will be sued over downloading an arthouse CultClassic that [[KeepCirculatingTheTapes left active sale four years ago]], or a song that [[DigitalPiracyIsOkay a band actually wants spread around as much as possible]]/is on an album that is no longer sold, or a game that isn't sold anywhere anymore at all are far, far lower than the odds you will be sued over the latest Hollywood blockbuster that hasn't even hit video yet, a popular song that is in wide rotation and sale or by a band that seriously believes DigitalPiracyIsEvil, or a game that just hit store shelves yesterday. The closer something gets to being {{Abandonware}} or its equivalent in most cases, the less likely, generally, you are to be sued over it.

# '''Make sure anyone you are sexually involved with is of age[[note]]Ask for an ID if you really need proof, although this is not fallible and should ''not'' be taken as such.[[/note]], sober, and enthusiastically consenting.'''

# Do not give consent for police searches in pretty much any situation. This also means that if the police tell you to empty your pockets, you do not, and instead you say, "officer, while I will not resist, I do not consent to police searches." If a cop tells you to empty your pockets and you do, that's considered a consent to the search.

# '''Make sure anyone you are sexually involved with is of age, sober, and enthusiastically consenting.'''