Legal Myths Busted: What the Law Really Says

The law can feel complex and intimidating, which is why so many legal myths take root and spread. From what happens if you ignore a lawsuit to whether you really get a free phone call after an arrest, these misconceptions can lead to costly mistakes or misplaced fears. Let’s clear the air by busting some of the most common legal myths and explaining what the law actually says.

Myth 1: You Get One Free Phone Call After Being Arrested

The reality:
Movies often show arrested people dramatically demanding their “one phone call.” In truth, no law guarantees a single, specific call. However, you do have the right to communicate with an attorney and to inform someone of your detention, though how this happens varies by jurisdiction. Police generally allow you to make calls, but it’s not a rigid “one free call” rule.

Myth 2: If You Don’t Read Me My Rights, The Case Gets Dismissed

The reality:
This is a huge misunderstanding of Miranda rights. If police fail to read your rights, it means any statements you make while in custody may not be used against you in court. It doesn’t automatically result in charges being dropped — the prosecution might still proceed using other evidence.

Myth 3: Verbal Agreements Aren’t Legally Binding

The reality:
Verbal contracts can absolutely be enforceable, provided there’s an offer, acceptance, and consideration (something of value exchanged). The difficulty lies in proving what was agreed upon. Certain types of agreements, like real estate sales, typically must be in writing under the statute of frauds.

Myth 4: You Can’t Be Sued If You Don’t Have Money

The reality:
Anyone can be sued, regardless of financial status. Even if you have few assets, a court can issue a judgment against you, which may affect future wages or property. Ignoring lawsuits can result in default judgments, which are harder to fight later.

Myth 5: Trespassers Can Sue You If They Get Hurt on Your Property

The reality:
While this is partially true, it’s often exaggerated. Property owners generally aren’t liable for injuries to trespassers unless they intentionally cause harm or if there are known dangers that might attract children (like an unfenced pool — the “attractive nuisance” doctrine). Still, it’s best to keep properties reasonably safe to avoid legal issues.

Myth 6: Police Must Always Have a Warrant to Search

The reality:
Warrants are a core protection under the Fourth Amendment, but many exceptions exist. Police can search if you consent, if evidence is in plain view, if they believe someone is in danger, or if there are urgent circumstances (like chasing a suspect into a home).

Myth 7: If You Die Without a Will, the State Gets Everything

The reality:
Without a will (dying intestate), your estate is distributed according to your state’s intestacy laws, usually prioritizing spouses, children, parents, or other relatives. Only if no legal heirs exist would the state take your property.

Myth 8: You Have the Right to Say Whatever You Want Without Consequences

The reality:
The First Amendment protects against government censorship but doesn’t shield you from all consequences. Employers, private organizations, and other individuals aren’t bound by it in the same way. Also, speech that involves threats, defamation, or incites violence isn’t protected.

Myth 9: Small Claims Court Means “No Lawyers Allowed”

The reality:
Many people represent themselves in small claims because it’s simpler and more cost-effective. However, in many places, you can still hire an attorney — it just might not be financially practical due to the low dollar limits.

Myth 10: If Someone Breaks Into Your House, You Can Use Any Force Necessary

The reality:
Self-defense laws differ widely. While many states have “castle doctrine” laws that let you defend your home, the force used generally must be reasonable under the circumstances. Using deadly force against an unarmed intruder who poses no threat can lead to serious legal trouble.

Final Thoughts

The law is full of nuance, and what you see in TV dramas often misses the mark. Relying on popular myths can leave you unprepared or get you into unnecessary trouble. When in doubt, it’s always wise to consult a qualified attorney to understand your rights and obligations in your specific situation.