10 Myths About New York State Law

I can be "emancipated" before I turn 18 so I don't have to listen to my parents / I don't have to deal with my kid.
Emancipation is a defense for a parents child support obligation and doesn't allow a minor to live like they were 18.
If you don't blow into the machine when stopped for a DWI they can't arrest me for it.
Anyone can be charged with common law DWI without a breath test. The penalties and results are basically the same if convicted of common law DWI as with a breath test.
If they don't read me my rights when I am arrested, the whole case is thrown out.
If you are not "mirandized" the court may prevent the use in trial of what you said to the police under limited circumstances. They can use whatever other evidence they have to charge and convict you.
My friend got the house, car, kids, and child support, from her cheating husband. Is that what I should get?
Each persons financial outcome is different and the courts will not place either party in a divorce in danger of being poor, even if they were cheating in their marriage.
If I can't find a job, I don't have to pay child support.
New York State has minimum guidelines for child support even if you are not working. If you do not pay, the state can suspend your license and potentially put you in jail.
I have a complicated personal injury case. The laywer is see on tv all the time must be really good.
Researching who will represent you, finding out if they have taken cases like yours and getting referrals is the best way to choose a lawyer. Your legal future is more important than a cool commercial.
If the cops lie, then anything I tell them is thrown out.
The courts have consistently held that the police may lie to a suspect in order to obtain a confession or evidence. That confession and evidence can then be used against the defendant at trial.
My kid is a minor, the police can't talk to them without me being there.
Whether a parent is even notified about a minor child being taken for questioning by the police is a policy choice by agencies. It is up to the parent to know where their children are and to ask for a lawyer from them if they want the questioning to stop.
My child is 12 and they are old enough to tell the court which parent they want to live with.
The courts in New York State appoint an attorney to represent your children in custody proceedings. The courts hear and consider the opinion of the children at any age but there is no magic age that the courts have to do anything a minor child wants.
If I wasn't guilty there is no way I would confess.
Research done by the Innocence Project and other groups have shown that over the years hundreds of defendants have confessed to crimes they did not commit after intense and prolonged questioning.
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