Battleboro, NC asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina

Q: Can I use someone else's warrants for arrest as evidence?

My son's father alleges that I am "on probation for felony conviction" and that is true. However, that is misleading (in my opinion) because he was actually charged with the same crime and arrested with me - just I was convicted and he was not (I was on probation so I was in a bad spot anyway, while he had no prior criminal record). Would the courts consider that fact? Or will courts not care to hear it because he wasn't found guilty? Its important to note that, personally I can tell you that he did in fact commit the crime with me (selling and smoking weed)... he just put all the blame on me because I was screwed anyway due to being on probation, and for me, I wasn't going to incriminate him or point fingers because it would've just been unnecessary and harmful for our son for BOTH parents to end up convicted when just one could take all the blame. I have his original warrants for arrests, search warrant, etc.

1 Lawyer Answer
Amanda Bowden Johnson
Amanda Bowden Johnson
  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Essentially want you are saying is you want his arrest to be a problem for him when it is convenient or beneficial for you - this is likely not gonna fly with the Court. Another way to think of it is, regardless of what you believe to be true, do you really want to present evidence in court that ends in showing you to have been found guilty and him not being found guilty? If you sling that mudball more is likely to stick to you than him.

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