Darnell had grown up a bit of a rebel. Darnell had never considered himself a bad kid. Most of his youthful hijinks had been harmless, more to get attention than anything else. The police knew him well, and he knew several of the policemen by name. But Darnell had avoided juvenile delinquency. Yet he was now in his mid thirties, with his rebellious streak still intact. Only now, it was causing him serious legal problems. He didn’t just know the policemen by name. Darnell also knew some of the judges and lawyers. The worst thing, though, was that Darnell could see how his legal issues were holding him back, when he didn’t want to end up some sort of deadbeat scoundrel.
Conduct
Time to get a hold of yourself. The integrity of your personal conduct is indeed a driver of your legal affairs. Neither a rich uncle, political connections, more than your measure of good fortune, nor magical superpowers will save you if you consistently think and act carelessly or with bad intentions. If your personal conduct consistently violates law, rule, regulation, or community norms, then you need to modify that behavior now before the consequences catch up with you. And you need to avoid others who do so. Read and respond to each of the following sections to ensure that your personal conduct is meeting the law’s requirements. You may think yourself above the law on crimes, criminal records, fraud, and negligence, but we can all use a good reminder. None of us is immune from the temptations, vices, and carelessness that can lead our conduct into conflict with the law. Maintain the good quality of your conduct, and you should stay clear and ahead of the law. Indeed, you should win the law’s encouragement and protection.
Crime
Do not underestimate the risk of committing a criminal wrong. Few individuals graduate from high school or college with prison as their goal. Yet crime is a problem at every income level and in every demographic, trade, or profession, not just among the poor or undereducated but for everyone. Individuals of middle and high income, substantial education, and good reputation still commit serious criminal wrongs warranting long prison terms. Even comparatively minor crimes like possession and distribution of illicit drugs, solicitation for prostitution, embezzlement and conversion, forgery, mail-and-wire fraud, retail fraud or shoplifting, uttering and publishing bad checks, stalking, and drunk driving can seriously and permanently impact careers, relationships, and reputations. A single crime involving dishonesty, impairment, or other immorality could cause loss of a professional license or trade certification. If you are involved in or contemplating criminal activity, stop immediately no matter your belief in whether law enforcement will detect it. Assume instead that law enforcement knows or will soon find out everything that you know and do. Do nothing criminal, ever. Keep it legal. Get immediate help to address whatever is tempting you toward criminal misconduct.
Audit: Check your attitude: do you agree that otherwise-decent people sometimes commit surprising wrongs with serious consequences, so that we should all be constantly on guard to respect the law? If you disagree, then consider a few examples. Billionaire inventor Elizabeth Holmes, once among the richest and most-celebrated businesswomen in the world, remains imprisoned after her conviction for criminal fraud. Football, television, and movie star O.J. Simpson incurred a multimillion dollar civil judgment for double homicide and later went to prison related to extortion. President Bill Clinton faced impeachment and lost his law license to disbarment for perjury and obstruction. Enron CEO Jeffrey Skilling suffered conviction for multiple financial felonies. And celebrity investment advisor Bernie Madoff spent his last years in prison after conviction for a multibillion-dollar fraud scheme. Get legal representation immediately to help you respond to requests for criminal investigation, defend criminal charges, or consult on the legality of your planned or past conduct.
Record
Your clean criminal record is an asset. If you have no criminal record, keep it that way. A mark on your criminal record can quickly and permanently close doors. Do not plead guilty to crimes you did not commit. If you are considering pleading to a crime you did commit, then first investigate with your lawyer the potential for diversion of the criminal charge, deferred conviction, delayed sentence, and other programs to keep your record clean. If you have a criminal record, then consider expunging that record or seeking a pardon. Depending on your state’s law, you may be able to expunge certain convictions after concluding the sentence and perhaps waiting a longer time. Expunging a criminal record means completing a court process to remove it from your record. Doing so can restore rights and privileges having to do with public assistance, housing, employment, licensure, voting, weapons possession, security clearances, and other matters. If your conviction does not qualify for expungement, then learn what laws in your locale may protect you from the harsher effects of your record. For instance, ban-the-box movements have led to state and local laws prohibiting employers from requiring job candidates to disclose convictions on job applications. Employers may still confirm and consider criminal histories when doing background checks, for convictions that indicate unfitness for the advertised work.
Audit: If you have no criminal history, then confirm your intent to keep it that way. If you have a criminal history, then obtain a copy of it and review it for accuracy. Courts make mistakes, even with criminal records. Seek your record’s correction if the court’s record is erroneous, indicating a more serious crime or more crimes than those for which the court convicted you. Confer with a lawyer to determine whether you may expunge your record. Act now, whether you need to clear your record or not, to assure future opportunities. If your criminal record interferes with your ability to obtain a professional license, get qualified legal representation to advocate for that license. Also retain license defense representation if your criminal record triggers a license disciplinary proceeding against you. Don’t let your criminal record hold you back from pursuing positive opportunities.
Accomplice
You need not necessarily commit the crime itself to suffer conviction as an accomplice or conspirator. Accomplice and conspiracy crimes aren’t purely guilt by association. Your mere presence in the vicinity of criminal activity is not in itself a crime. You must generally commit some act in furtherance of the crime, even if someone else carries out the underlying crime. Yet authorities may draw accomplice and conspiracy evidence from acts that you might mistakenly assume were innocent, like offering a ride or loaning a tool. Take care over the company you keep. Do not consort with individuals engaged in criminal activity. Authorities may mistakenly conclude that you were responsible for their crimes, especially if your associates falsely blame and scapegoat you. Also beware coming into contact with evidence of criminal activity. You may end up facing criminal investigation and charges for illicit drugs, open intoxicants, illegal weapons, child pornography, or other evidence recovered from your vehicle, home, bags, clothing, computer, or other property even if you did not put the evidence there. Do not keep company with others who involve themselves in illegal activities.
Audit: Call to mind any acquaintance of yours whom you believe engages in criminal activity. Avoid interacting with that person, if possible. If you must interact with that person, commit to not interacting when the criminal activity may be ongoing. Don’t allow that person access to your property that the person could use for that criminal activity or to your home, business, or possessions where that person might hide evidence of crime. Get qualified legal representation to respond to requests for criminal investigation and to defend criminal charges, and for advice about potentially criminal activity in order to avoid it.
Victim
Another legal issue you should hope you do not face, but over which you may have less control, is to become the unfortunate victim of crime. Promptly report to police any suspected personal or property crimes against you. Your ability to prove the crime later, whether for punishing the wrongdoer, recovering insurance, or avoiding your own responsibility or liability, often depends on your prompt report to authorities. Also, take reasonable steps not to inadvertently facilitate crime. Do not leave your keys in your vehicle when running into the store or even in the driveway at home. Close your garage and house doors when away so as not to tempt theft and burglary. Leave a light on at home if you are out for an evening. Lock doors at night. Get a co-worker or attendant to accompany you to your parked vehicle when heading for your vehicle in a dark or obscured parking area where assaults have occurred. Have your vehicle keys in hand and ready to unlock your vehicle before you get to the vehicle in the parking lot. Be aware that crimes occur when convenient. Practice habits to discourage and avoid crime. If the unfortunate happens and you become a victim of crime, then know that state laws provide crime victims with certain rights. Those rights may include notice of the criminal charges and disposition of those charges, opportunity for you to address the court as a crime victim, orders of restitution, and partial recovery from crime-victim funds.
Audit: Identify from among the following examples the most likely crimes that others might commit against you, including for each the action most likely to discourage the crime: (a) larceny from your unlocked residence; (b) larceny from your locked residence while away one evening; (c) theft from your unlocked vehicle; (d) theft of visible items within your locked vehicle; (e) theft of your idling vehicle outside the coffee shop; (f) theft of your smartphone left at your workstation; (g) robbery walking alone to your parked vehicle late one night at the far end of the parking lot;(h) identity theft using your password 123456; (i) assault by a drunken fan with whom you argued at the ballgame; (j) felonious assault by an angry commuter whom you cut off to get ahead in line at a traffic jam. Get assistance from the prosecutor’s crime victims’ unit or qualified legal representation for restitution, to prepare a crime-victim-impact statement, and to apply for recovery from a crime-victims fund. Investigate theft insurance coverage, and invoke that coverage if suffering theft loss.
Offenses
Some conduct, while not necessarily criminal, nonetheless crosses the line into dignitary offenses for which the law would hold the wrongdoer civilly liable to pay damages to the victim. Do not underestimate the law’s sensitivity in this area. Sharp disagreements, major or minor feuds, and petty disputes can cause us to act out of character and uncivilly toward others. While we might have no actual intent to harm another, actions that make another think that we are about to cause an offensive contact, like making verbal threats of imminent harm or brandishing a weapon, can qualify as civil assault. Gossip that damages another’s reputation can qualify as defamation. Looking through another’s personal papers, items, or effects can qualify as invasion of privacy. Following or attempting to encounter or confront another person may qualify as stalking. You may have good reason to suspect, investigate, and even punish neighbors, co-workers, and others, but the law strongly disfavors personal retribution. If you have a beef against someone, then first take your complaint to them in a civil fashion. If not satisfied with their response, and you believe you have a legal remedy against them, then get a qualified lawyer’s help. Do not engage in self-help actions that could subject you to civil liability. Leave others alone. Mind your own business, or get a lawyer’s help in minding the business of others.
Audit: Identify which of the following may present potential liability issues for you, where you may be interfering with others: (a) physical fights or altercations with others; (b) threats or suggestions of violence toward others; (c) unwanted sexual advances toward others; (d) sexual jokes and innuendo around others in the workplace; (e) things that you have said or done that prevent another from getting a job; (f) interfering with another’s business causing them loss; (g) prying into another’s personal affairs; (h) snooping into another’s personal papers, effects, journals, diaries, or computer files; (i) gossiping about others in ways that harm their reputation; (j) running down the reputation of others; (k) posting offensive notes, slurs, symbols, or insults on social media or other publicly accessible locations; (l) tailing, following, or otherwise pursuing another person to observe or confront them. Can you think of any other liability risks you face for personal offenses against others? Get qualified legal representation to evaluate potential civil claims others have against you or you have against others and to represent you in those claims. Seek a personal-protection order if you face a threat of injury, and comply with or challenge in court any unjustified protection order against you, without violating the order. Invoke your homeowners, malpractice, or other insurance coverage for civil claims made against you.
Fraud
Fraud liability is surprisingly common even among otherwise decent and law-abiding individuals. While fraud is basically a scheme, scam, or swindle, law’s definition of fraud includes any intentional misrepresentation causing another to rely to their detriment. Small omissions or exaggerations you make in the hopes of inducing a transaction may seem harmless to you but may nonetheless be fraudulent. For example, omitting to disclose moving violations on your motor-vehicle insurance application may defraud the insurer of a higher premium and cause you to lose critical coverage. For another example, concealing a basement wall crack or falsely denying roof leaks when selling your home, or concealing the need for repair when selling your vehicle, may defraud the buyers out of price breaks. Be scrupulously honest whenever dealing with any person or business. Do not act based on whether the one with whom you deal will detect your falsehood or concealment. Be open with what you know. Civil remedies for fraud can be substantial. Some states even recognize civil liability for careless and innocent misrepresentations.
Audit: Identify which of the following may present potential claims against you for fraud, involving your recent sale of a defective, damaged, or misrepresented: (a) vehicle; (b) bicycle; (c) motorcycle; (d) camper or trailer; (e) home; (f) piece of home equipment; (g) computer; (h) smartphone; (i) other piece of consumer electronics; (j) consumer service offering; (k) time share or rental; (l) business; or (m) franchise or business opportunity. Can you think of other transactions in which you have been involved as either a buyer or seller in which you may have misrepresented or concealed conditions or circumstances? If so, then consult with a lawyer regarding the steps to take to correct those circumstances including resolving your liability. Get qualified legal representation to review the terms and conditions of significant transactions before you make them. Do not conceal defects even if you are selling a used item as is. Be scrupulously honest and open when completing any required seller’s disclosure statement. Conduct your own due diligence when entering into a transaction, and respond honestly to due-diligence requests by others. Ensure accurate and complete answers on insurance, mortgage, employment, and other application forms. Avoid fraud at all costs.
Negligence
The greatest legal risk many of us face is that we will carelessly hurt someone or damage something valuable. The law of negligence makes the careless wrongdoer pay for the harm or loss through civil liability. Motor-vehicle accidents are a common example. See this guide’s chapter on transportation. Negligence liability can also exist for careless acts when maintaining buildings and lands, engaging in social and recreational activities, selling goods and services, and even in the workplace. Avoid carelessness in what you do, especially when your activities create unreasonable risks of personal injury or property loss to others.
Audit: Identify which of your following activities may be creating unreasonable risks of personal injury or property loss to others: (a) operating power tools; (b) making power tools available to others; (c) storing or using explosive, combustible, or toxic materials; (d) providing daycare or other supervision for children not your own; (e) maintaining a pool, trampoline, swingset, or other recreational improvement; (f) involving others in water sports using your equipment or supervision; (g) storing or using firearms; (h) operating a home-based business selling goods or services to the public. In each instance where you identified unreasonable dangers that may exist, consider the prompt actions you should take to address your potential liability before it arises. If you regularly engage in activities that expose you to negligence liability, consider requiring others to sign a release of claims. If you receive notice of a claim against you, promptly turn it over to your insurer for response. Your insurer should assign defense counsel. If you have no coverage, retain a qualified defense attorney to defend the claim. Avoid admissions of liability or payments without obtaining a release of claims. Retain qualified counsel to pursue your own negligence claims.
Insurance
You can responsibly manage the liability risks of your own carelessness through liability insurance. Insurance transfers the risk from you to the insurer. Especially insure against risks the loss from which you cannot afford to pay, when you can afford the insurance premium, and loss is reasonably likely to occur. This guide addresses life, health, disability, property, and vehicle-damage insurance in other chapters. Here, though, consider insurance against the risk that your carelessness would injure others or damage their property. Homeowner’s insurance, for instance, generally includes liability coverage for loss occurring on or about the premises. Likewise, if you serve as a volunteer or director for a charity, it may have liability insurance to cover your liability for loss your carelessness causes in the course of the charity’s activities. For any activity in which you engage that carries risk of loss, consult with an insurance agent about available insurance coverage.
Audit: Identify any of your activities that these types of policies insure, that you have in place or others have in place for you: (a) motor-vehicle liability insurance; (b) homeowner’s insurance; (c) directors-and-officers (D&O) insurance; (d) errors-and-omissions (E&O) insurance; (e) malpractice insurance; (f) commercial general liability (CGL) insurance; (g) products-liability insurance; (h) umbrella insurance. Do you think you may need any of these liability insurances put in place if you don’t already have them? Get the help of an independent insurance agent or qualified attorney to help you evaluate your liability-insurance needs and your liability-insurance coverage, limits, and exclusions, and to invoke liability-insurance coverage to defend and indemnify you against negligence claims.
Substances
In regulating your conduct, law also addresses your use of alcohol, drugs, or other intoxicating or impairing substances. Intoxicants frequently contribute to motor-vehicle accidents, domestic violence, and other careless and violent acts. State laws make driving under the influence of alcohol a serious crime warranting jail or prison, fines, loss of driver’s license, and loss of professional license. State laws also prohibit serving alcohol to visibly intoxicated persons or minors. State laws also hold bars and other places that serve alcohol civilly liable for loss caused by serving visibly intoxicated or minor patrons. Some states extend that liability to social hosts who serve alcohol to minors or drunken guests. You may have to pay if you serve alcohol to minor or drunken guests who then seriously injure or kill another in a vehicle crash or violent act. Individuals also abuse prescription drugs, illicit drugs like cocaine, designer drugs like methamphetamine, and even glues, fuels, and other household or industrial materials. More people die in the U.S. from drug poisoning than from motor-vehicle accidents. You could face criminal charges for delivering abused substances to adults or minors, or civil liability to persons whom they harm. Take care not to abuse alcohol or other substances and not to allow others to do so using substances you supply.
Audit: Identify in which of the following activities you engage or stand risk of engaging: (a) driving under the influence of alcohol or other substance; (b) serving alcohol to another person who then drives under its influence; (c) making alcohol available to minors; (d) making prescription drugs available to others for whom they were not prescribed; (e) storing substances while knowing that others are abusing them; (f) residing with others who illegally abuse substances; (g) accompanying others while they illegally abuse substances. Modify your conduct so that you no longer engage in any of these behaviors. Get qualified legal representation to defend drug-possession or distribution charges and drunk-driving charges, and assist you with driver’s license restoration after drunk-driving conviction. Notify your homeowner’s insurer of any social-host claims against you.
Violations
Criminal statutes and civil liability are not the only laws affecting your conduct. Legislatures have given federal, state, and local administrative agencies substantial power to enact and enforce regulations. Regulations cover food, drugs, cosmetics, toys, guns, fireworks, playground equipment, ladders, tools, batteries, every other consumer product, warnings, daycare, foster care, adoption, housing, camping and campfires, motor vehicles, motorcycles, fuels, boating, livestock, pets, fundraising, gambling, mowing lawns, burning leaves, yard-waste disposal, recycling, homeschooling, and many other goods, services, and activities. While you may not be able to keep up with all the regulations, you can respect regulatory authority. Regulators in many instances are primarily interested in stopping and correcting regulatory violations. Yet regulators may issue citations for regulatory violations, resulting in fines and orders to cease and desist. Stop the activity in which you were engaging, the moment you receive notice that you may be violating regulations. Get qualified legal representation if you must continue the disputed activity.
Audit: Identify in which of the following activities subject to regulation you may be involved: (a) storing more fuel than your lawnmower requires; (b) selling or re-selling fireworks to others; (c) making anything that resembles a gun; (d) growing anything to smoke or ingest for pain relief or recreation; (e) preparing any food for sale other than for a charity bake sale; (f) using any chemical on your lawn or garden not commercially manufactured and sold for that purpose; (g) modifying your home at an expense greater than $500 without official review and approval; (h) installing a wood-burning stove; (i) burning grass or leaves; (j) bringing goats, pigs, chickens, or other livestock into a suburban or urban area; (k) holding an outdoor event for public admission; (l) showing a film to anyone other than a few family members and friends; (m) conducting a fundraiser with a raffle or gambling; (n) bringing anyone other than a family member into your home to live in exchange for rent. Research administrative regulations for any of these or similar activities in which you engage, or consult with a qualified lawyer. Retain a qualified lawyer as soon as receiving notice of regulatory investigation.
Key Points
The nature and quality of your conduct raises significant legal issues.
Do not engage in any criminal conduct, whether discoverable or not.
Avoid associating with anything involving criminal conduct.
Get help correcting and expunging your criminal record.
Take steps to minimize your likelihood of becoming a crime victim.
Avoid unduly offending others or falsely damaging their reputation.
Avoid any fraud, falsehood, or concealment in transactions.
Avoid carelessness that increases the likelihood of harm or loss.
Maintain liability insurance against common negligence-loss risks.
Avoid illegal use or distribution of intoxicating substances.
Beware regulatory violations and penalties for unsafe conduct.