Johann Hunt
Some laws seem apparent, while others lurk in fine print, ready to catch you off guard. But what if something you’ve always believed about the law is completely wrong? Here are 10 common misconceptions that could mean trouble for you.
You Have The Right To One Free Phone Call After Arrest
Are you guaranteed that classic “one phone call” after getting apprehended? Not exactly. No federal law requires it, though most states allow detainees to contact someone after booking. In California, you get at least three calls within three hours of arrest. However, in some places, access to a phone depends on law enforcement policies.
Verbal Agreements Are Not Legally Binding
A handshake deal can hold up in court. Some contracts, like those for real estate or large financial transactions, must be in writing under the Statute of Frauds. However, verbal agreements for services or small loans can still be legally binding if there’s proof. Emails or witness testimony can help enforce these agreements.
If You Didn’t Know The Law, You Can’t Be Punished
Courts rarely accept “I didn’t know” as a valid defense, even for obscure tax codes or bizarre local laws. That said, a rare exception happened in Lambert v. California (1957). The Supreme Court ruled in favor of a defendant who wasn’t aware of a law requiring felons to register, as it wasn’t publicly posted.
Squatters Can’t Take Over Your Property
They actually can—and have. Adverse possession laws allow squatters to claim ownership if they occupy a property openly and continuously for a set number of years (anywhere from five to 30, depending on the state). Property owners have even lost homes in places like New York by neglecting to take lawful steps.
You Can Legally Defend Yourself However You See Fit
Self-defense laws aren’t a free pass to fight however you want. In over 25 states, “Stand Your Ground” laws allow people to use force without retreating. However, others follow a “Duty to Retreat” rule, meaning you must avoid conflict before responding with force. Deadly force is only justified when facing an immediate peril.
Police Must Always Identify Themselves Undercover
Contrary to a popular myth, undercover detectives don’t have to tell you they’re one. There’s no law requiring officers to reveal their identity if asked. Courts have repeatedly upheld that deception is a lawful and necessary tactic. So if you think asking, “Are you an officer?” will save you from trouble, think again.
You Can Say Anything On Social Media Without Legal Consequences
What you post on social media can get you sued or even fired. Defamation and cyberstalking are serious judicial issues. In 2022, rapper Cardi B won a $4 million lawsuit after a blogger spread false rumors about her. The First Amendment protects free speech from government control but doesn’t stop people from suing you.
Landlords Can Evict Tenants Immediately For Not Paying Rent
Nearly every state requires landlords to go through a formal eviction process, which includes proper notice, lawful filings, and sometimes even court hearings. Even squatters can demand due process. In New York, eviction cases can drag on for months, leaving landlords stuck while non-paying tenants stay put.
You Can Record Any Conversation As Long As You’re In It
Can you secretly record a conversation because you’re part of it? Not always. Federal law and most states allow one-party consent. However, in 11 states, including California and Florida, two-party consent laws make recording illegal without everyone’s approval. Breaking these laws can result in significant fines or even prosecution.
If You Don’t Press Charges, The Case Will Be Dropped
In criminal cases, the prosecutor—not the victim—decides whether charges go forward. This is especially true in assault cases, where many states have “no-drop” policies to prevent victims from withdrawing complaints due to fear or coercion. Even if a victim refuses to testify, prosecutors can still pursue charges if they have enough evidence.