Each year, there are tens of thousands of cases held in regional courts of appeals. There are also nearly a hundred thousand criminal filings, hundreds of thousands of US civil court filings and over a million bankruptcy filings. As a result of those staggering numbers, it shouldn't come as a surprise that there are numerous misconceptions about the law. Because most people get their legal knowledge from the small number of cases that get national attention in the media, it's fairly easy for information to be misinterpreted and then spread.
Since a court case can put your financial stability or freedom on the line, there's no substitute for hiring a defense lawyer in Philadelphia if you're charged with any type of crime. But if you're simply interested in finding out how much of the information you've heard about the law may not be 100% accurate, let's dive right into busting some common myths:
Cases Without Biological Evidence Must Be Dismissed
Significant advances in the field of forensic science over the last two decades have had a major impact on the way many cases have played out. While solid forensic evidence can be used to get a conviction in a criminal case, that doesn't mean a lack of this type of evidence will prevent someone from being convicted.
For example, let's say someone is arrested for drug possession with intent to sell. During the course of the arrest, an illegal firearm is also found in the closet of a bedroom that individual shares with their significant other. When the gun is taken in for processing, it will be dusted for prints. However, just because prints aren't found doesn't mean that individual won't be charged with having an illegal firearm. Because of where the gun was found, the prosecution can prove the gun was in the individual's possession without needing to show that they physically held it in their hand.
A Business Entity Will Fully Protect Your Personal Assets
It is true that forming an LLC or corporation for your business will provide more protection than simple operating as a sole proprietor. That being said, it's important to understand that if something goes wrong with your business and someone decides to go after your personal assets, simply having a completed filing probably isn't going to fully protect everything you own. In order to completely secure yourself, not only will you need a lawyer to represent you in the event of a lawsuit, but you should also work with a lawyer to set up your business and asset structure.
Being Charged with a DUI Requires Having a BAC Over That State's Legal Limit
Each year, over a million people are arrested across the US for driving under the influence. If you surveyed a group of individuals about DUI laws, the majority would know that driving with a BAC of 0.08 or more is enough to be arrested in most states. Since there are a wide range of factors that can affect BAC, dealing with this issue alone can be confusing.
However, what a large percentage of the population doesn't realize is it's possible to be arrested for DUI even with a blood alcohol content level below the legal limit. The reason that's possible is all it actually takes to be charged is for a police officer to make the determination that a driver's ability to operate their vehicle is impaired.
Undercover Police Officers Have to Reveal Themselves If Asked
Thanks to this issue coming up in a wide range of television shows and movies, it may be the most prevalent myth on our list. But just because it's prevalent doesn't mean it's correct. In fact, there is simply nothing true about this statement. Although an officer of the law can't harass or intimidate someone into carrying out a crime they wouldn't otherwise do, police officers are completely within their rights not to reveal their true identity while they're in the process of carrying out an undercover operation.
Whether it's a civil, criminal or other legal case, understanding the full extent and true nature of laws can be a difficult task. Since the last thing you want is for your lack of legal knowledge to cost you a significant amount of money or even your freedom, it's always best to let an experienced professional handle legal matters. Hiring an attorney to represent you is the best way to minimize the chances of a small mistake costing you your case.
