Sometimes, believing you know the law can cause more difficulties than realizing that you’re foggy about your legal rights and responsibilities. What follows is a brief discussion of several subjects where misconceptions or myths about the law are common and can give rise to problems.

Please note that the discussion is restricted to Illinois law; the laws of other states may be quite different.

I. Automobile Registration

Myth #1: If I buy a car, I can satisfy the registration requirements by taking my registration plates off my old car and putting them on my new one.

Fact: You can assign your registration plates and sticker, if any, to your new car, but you must first apply to the Secretary of State and pay the registration fee required. It is also unlawful to permit other persons to use your plates after you have sold the car to that person or to use another’s plates after you have purchased their car.

Myth #2: Whether I am transferring registration from an old car to a newly purchased one, or applying for new registration, I have a grace period during which I can drive my car before applying for registration.

Fact: No grace period is provided under Illinois law. On the contrary, the law states specifically, “… the (new owner) before operating or permitting the operation of (such) vehicle upon a highway, shall apply for and obtain the registration thereof …” One is permitted to operate a vehicle, provided one has secured a temporary permit from the Secretary of State, issuable upon application for registration.

Myth #3: I’m okay as long as I have my new car registration plates and/or sticker in my car; I can put them on later.

Fact: Illinois law requires that “every registration plate shall, at all times, be securely fastened in a horizontal position to the vehicle … in a place and position to be clearly visible … and in a conditon to be clearly visible.”

Myth #4: I can’t be held responsible for not updating my registration and/or driver’s license if I was never notified by the Secretary of State that my license/registration was up for renewal.

Fact: The Secretary of State does issue forms for renewal of registration and drivers’ licenses; however, such notices are addressed to persons at the address shown by the records of the Secretary of State. It is the responsibility of persons who have applied for or obtained registration to notify the Secretary of State, in writing, of any change in address.

II. Contract Law

Myth #1: I can’t be held responsible for a contract if I’m not 21 years old.

Fact: The legal age of majority in Illinois for most legal purposes, including entering into valid contracts, is 18. Moreover, contracts entered into by persons under 17 may be enforceable if the contract is for “necessaries,” such as: food, housing or medical care. A contract otherwise voidable may also be enforceable if affirmed by the minor upon reaching the age of majority.

Myth #2: A contract is not enforceable against me if I never signed anything.

Fact: Valid contracts can be oral or written. A law called the Statute of Frauds makes certain oral contracts “voidable,” that is, subject to being held unenforceable in a suit brought to enforce it. The applicability of the Statute of Frauds is a technical legal matter about which you would need to consult an attorney. This defense is not available to help you avoid responsibility to pay persons for goods or services you have already received.

Myth #3: I can change my mind about a contract and void it within three days after I enter into it.

Fact: There is no general right to void or reject a contract within three days. A specific statute permits a consumer to cancel a contract for the sale of merchandise in excess of $25.00 resulting from an unsolicited contract at the consumer’s residence (i.e., by a door-to-door salesman), provided notice of cancelation is given to the seller within three business days and the merchandise is returned in its original condition. The seller must also give you notice of your right to cancel the contract.

III. Criminal Law

Myth #1: I can tape-record someone else’s conversation in order to get proof of what the person told me.

Fact: Under Illinois law, any person who uses an eavesdropping device to hear or record all or any part of a conversation without the consent of all the parties involved, or pursuant to a court order, commits a Class 4 felony. Moreover, the evidence obtained is inadmissible in any civil or criminal trial other than the trial against the person who committed the eavesdropping.

Myth #2: “Finders keepers, losers weepers.” I can keep any lost property I find.

Fact: If you take possession of lost or mislaid property, you risk being charged with theft, unless you make reasonable efforts to find out who the owner of the property is and return the property to that person. You are under no duty to take possession of the property in the first place.

Myth #3: I can prevent the police from arresting me or someone else if the police have arrested me or the other person without legal cause.

Fact: Under Illinois law, “a person is not authorized to use force to resist an arrest which he knows is being made either by a peace officer, or by a private person summoned and directed by a peace officer to make the arrest, even if he believes the arrest is unlawful. Resisting arrest or obstructing a peace officer in the performance of his or her duty is a Class A misdemeanor.

A person does have a right to file a complaint against a peace officer if the officer is rude, provocative, etc. Grounds may also exist for a civil suit for violation of your civil rights if the arrest was made without reasonable suspicion and with malice.