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
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.