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7 Legal Myth Scenarios That You Should Know And Remember

Posted on 03/29/21 by admin in Uncategorized

Misconceptions about the law are one of the main reasons why there are so many people out there that are afraid of it. We are going to uncover what in the field of law is a fact or is fiction. We will dig dipper into the main and most known legal myth scenarios that you can encounter with in the near future.

From simple misunderstandings about divorce and the division of marital property to the legal myth of the will and DUI charges. If you continue reading, you will find out what is covered by the law, and what is actually a legal myth. Here are a few legal beliefs that you should never forget from now on:

Legal Myth

Legal Myth #1: “Arrest Without “Miranda Rights”

Let’s imagine that you are In the United States, and you get arrested. Here, the Miranda warning is a notification given by the police to suspect, “advising” their right of silence. To put it simply, that person will have the right to refuse to answer questions and/or provide information to that police officer.

“Law enforcement agents must provide the Miranda warning to anyone they have in custody and plan to interrogate”. So, if the police officer fails to “Mirandize” you, your confession will be considered “inadmissible”. The U.S. Supreme Court established the rule that bears Ernesto Miranda’s name after being retried and convicted without his confession.

Legal Myth #2: “I Can’t Get In Trouble From An Online Comment”

You might be forgiven for thinking that you can post whatever you want online, without suffering any type of consequence. But nothing could be further that the truth. Contrary to popular belief, everyone has the same rights and responsibilities under “defamation law”. Simply put, you can’t defend yourself by just saying “in my opinion”, or “I think”.

According to HG Legal Resources, individuals that feel that their reputation has been or is currently damaged because of a reckless comment made on Facebook, Twitter or other social media channels, may be able to recover compensation for the damages that they have suffered. Make sure to take extra precautions with what you post online.

Myth #3: “I Can Drink And Drive On Private Property”

This is one of the most common misconceptions. The legal myth of “I can’t get a DUI on private property” has generated 25% of DUI arrests during 2020, says National Highway Traffic Safety Administration (NHTSA). However, the DUI laws of many states—including Michigan and Idaho—apply only to public property and private property that’s open to the public.

So, know you know. You can actually get a DUI in Maryland, Virginia, or Washington, D.C. on private property. You might ever get a DU just by drinking or smoking in the driveway with the engine off. If you are simply having a drink on your front porch, try to avoid catching a police officer’s eye. Or, simply go inside and finish your drink watching TV.

Myth #4: “Refusing a Police Search Means You’re Guilty”

You might have seen in the movies or in a TV series that you can get arrested by simply denying a police search. Nevertheless, you have the right to refuse for this law enforcement’s act. Regardless of the situation and the condition that you are in, you can always say no to a police search.

Know that you know that this is a legal myth, remember that this will not make you guilty, or look like guilty. The police might get a suspicious felling from but, but that is not a good enough reason to search you. On the contrary, if the officer has a warrant that has been issued, then you cannot refuse.

Myth #5: “Contracts Must Be Written”

According to FindLaw, Most contracts can be either written or oral and still be legally enforceable. The truth is that not all contracts have to be in writing. An oral contract can and will be enforced unless there is a specific law that requires the particular type of contract to be in writing.

Contracts between parties are one of the most important aspects of any type of partnership. From employer/employee contracts, to vendor/client contracts; not every contract HAS to be written. With that being said, it is always better to write everything down as a proof for future eventual situations.

Legal Myth #6: “Wills Are Public Records”

Yes and No. First and foremost, you need to know that a will is a private document until the person who wrote it (testator) passes away. So, after the testator’s death, his or her will might be filed with the probate court. However, it is not until that document is filed with the court, that the will becomes a public record.

Some states, such as Maryland and Delaware, have a Register of Wills where a will can be filed before death. The Office Of The Register Of Wills of Maryland is a public office established under the Constitution of the State of Maryland. The Constitution provides for a Register from each county and the City of Baltimore.

Legal Myth #7: “The Less You Know, The Better”

At Malloy Law Offices, LLC, we encourage our clients and prospect clients to know more about the law. One of our main goals is to educate you, so that you know what to do and how to act in a scenario like the ones we just mentioned.

Remember that you are a citizen, so you have your rights. You need to protect yourself and your loved ones from misconceptions and legal myth scenarios. It is always better to ask and clarify any single law doubt that you might possibly have. That inquiry could be easily addressed by one of our attorneys, followed by the proper legal advice for you.