'Madam, er um Sir, would you please step out of the car' is a phrase that strikes terror in the hearts of many transgender persons. This is particularly true for crossdressers and early transition transsexuals.

In such a situation it is important, as it always is when dealing with police, to be consistently polite and have a simple explanation for your presence. Mentally note the officer's badge number, and remember that hundreds of transgender persons get stopped by police without incident on such routine matters as a non-operative tail light or some traffic detail.

If it would be of comfort, many organizations now provide membership cards which can be used to explain your presentation - if you are ever asked about it. If you are out in the community regularly, particularly for early transition transsexuals, it may be wise to carry a letter from your therapist explaining that dressing 'in role' full time is part of your treatment. Alternatively, carrying a copy of your hormone recommendation letter will also help verify your situation.

What is most relevant in these situations, is your ability to communicate your gender status. Is it required? Yes, if the officer asks. No, if you're not asked. Maybe, if the officer keeps looking at you curiously. Does he or she need a long detailed story? Probably not. I reiterate with emphasis the suggestion at the start of this article - be prepared to provide a simple explanation for your presence and behavior.

Like most situations in life, if matters become complicated or the officer acts in an unprofessional manner, you need to keep your head. Should you argue or resist arrest? Probably not. Your best option is to remember that once a ticket has been issued, you usually can write down the particulars of the incident and fight it in court. Unless you are a lawyer or a great communicator it certainly wouldn't be wise to argue the law with law enforcement.

What if the officer(s) make a discriminatory or foul comment (or physically acts inappropriate) toward you? In areas with a higher population I strongly recommend that you ask that a supervisor be called to the scene. Otherwise in rural settings do everything you can to get along and 'go along' with whatever the officer says with the hopes he or she will allow your travel to be continued - then complain to your attorney when you reach safety and inquire if the matter is actionable.

There is always the possibility that if you break a law or witness an event you may be taken into custody or asked to appear at the law enforcement station. If this is as a witness you will probably be treated okay. If you are taken into custody under inquiry or charges that is a different and scary matter.

In some instances you may be questioned, in other cases they may wish to hold you overnight or longer to appear before a judge to determine if criminal charges are appropriate. It is important to remember that you have several basic rights at this juncture, the right to a phone call to solicit an attorney or outside help - and the right to be released within a reasonable amount of time if you are not being charged with a crime. That amount of time varies depending on jurisdiction, so ask several people what it is.

Your physical safety is utmost importance with such a situation. I strongly recommend that if you feel at risk of being identified as a transgender that you politely ask to be placed in gay-male holding or protective custody, ask repeatedly if necessary.

It is also important to remember the psychology of the environment you are in. Many officers are just trying to complete their day with a minimum of excitement and those persons could care less about your identity as long as you remain respectful and follow the rules.

There are, however, individuals who take great delight in being cruel to others. There is a chance you may be made a spectacle of or treated poorly for being different. The more these individuals can illicit a hurt or angry response, the more delighted they will be to harass you. The same can be said of other detainees.

In my forensic work with transgender prisoners I've noticed that those persons with a 'my gender identity is not a big deal' attitude tend to fair best in these settings. The reality is most officers have encountered what they consider to be 'gay type' individuals before. Sure, they know you're probably scared, even many non-transgender individuals are scared when they go to jail, however most bullies aren't going to find you very interesting if you don't act like an easy victim.

Finally, if you are so unfortunate to encounter jail or prison time after being found guilty of a misdemeanor or felony, its extremely critical to remember that your ability to communicate with the world and your rights significantly diminish after a conviction. This is so because depending on the location, a convicted and sentenced person becomes a ward of the state or federal government and he or she no longer a private entity.

If you suspect you may be held for any amount of time for punishment, and you need special health care and placement, I strongly recommend you communicate this through your attorney before sentencing. Also ask in writing that the jail doctors inform prison doctors of the types of medications you require (including hormones). And, if it is possible for your regular physician or clinic to provide you a letter stating what your medical care has been, such evidence may be critical to re-establishing that treatment later in prison, since its often stopped after conviction or with every transfer. Gaining transgender care will be a hard won battle, if you are so fortunate.

One of the other things worth knowing, if you must do some sort of time, is how to use 'legal mail' to communicate with your attorney or any careprovider who could be a medical expert on your case and appeal. Federal law guarantees that you may have confidential correspondence with these parties, and its important you find out how this is done wherever you are.

Of particular concern to transgender person is the fact that most jurisdictions still house people based on the appearance of genitals. I strongly recommend that transgender persons avoid criminal activity, and if you live in a jurisdiction where transgender persons are at high risk that you maintain a good relationship with an attorney who is aware of your situation. The latter advice is particularly relevant in any location that does not have hate crime legislation or anti-discrimination ordinances relevant to transgender persons.

The good news is in most instances where transgender persons have minor encounters with law enforcement, nothing ever comes of their having gender issues or being different. Should you be scared just for being yourself - probably not. If you have continued concerns in these areas, consider joining a support group or going out in the community with others instead of alone.