There are probably an infinite number of misconceptions out there surrounding just about anything and everything. When it comes to legal misconceptions, it appears that there is a pandemic out there. Sadly, people usually just don’t know what they’re talking about when it comes to legal matters. Legal misconceptions might be the worst kind of flawed thinking because it could get a person in some hot water. Here are some of the biggest legal misconceptions.
Bankruptcy will erase student debt.
Students get themselves into financial troubles all the time when it comes to debt. Of course, most students that can’t pay off their debts are looking for a quick way to fix their situation. Some people might come to the conclusion that they can cancel their student loan debts as it would most other types of debt. Unfortunately, that just isn’t the case any longer as most student loans and other debts won’t be erased by any bankruptcy. That means that these students that attempt this solution will just end up ruining their credit for the foreseeable future but still have the debt they tried to get rid of.
Speeding above a certain speed is a felony.
There is no such thing as felony speeding, but the majority of people out there think there is. In reality, you just can’t get a speeding ticket or arrested for felony speeding. You can easily get a felony for something else related to speeding though. For instance, speeding at 125 mph while drunk will get you the felony charge of reckless driving. Still, you just won’t get a felony charge for going 100 miles per hour. The ticket for that will be immensely expensive though.
Police officers absolutely need a search warrant to search a car or home.
Television shows might lead you to believe that officers always need a search warrant to search a vehicle or a house, but that just isn’t the case. Truthfully, an officer with “probable cause” can search just about anything. If he or she smells drugs in the vehicle, then he or she can search it. Likewise, an officer who sees an assault going on inside a house can enter the premises because probable cause exists. Search warrants are only necessary when probable cause does not exist.
One spouse can stop the other from divorcing them.
Some spouses think that they can block a divorce if the situation ever comes up. Obviously, that just doesn’t work like that. Anyone can divorce anyone else without interference from the other spouse. Some shows and movies create false pretenses to make it seem like a spouse can stop their spouse from divorcing them. Sadly, Hollywood is making up a lie by doing this. It only takes one person to start and complete a divorce.
You can’t get sued for shooting someone in self-defense.
Actually, you can get sued for acting in self-defense against a home invasion threat. Most people consider this to be one of the dumbest double standards out there. If you shoot a robber, then they can actually turn around and sue you for damages, which they can actually win. Obviously, it should sound a little odd that you can lose hundreds of thousands of dollars by protecting yourself, your home, and your family. Self-defense isn’t without its potential consequences, even when you are legally justified in defending yourself.
Misconceptions are what they are, but they aren’t good.
Without a doubt, legal misconceptions are always going to exist as will all other misconceptions. People are ignorant or just clueless. Some misconceptions are so engrained into peoples’ heads that they won’t let go of them. Unfortunately, flawed thinking when it comes to legal matters can lead to some pretty big consequences. Education is the best way to get the right and proper idea about something.
For more information, visit Common Misconceptions.