Q: I have a Florida family law matter hearing and the other side is calling the arresting officer to testify.
I have a Florida family law matter hearing and the other side is calling the arresting officer to testify regarding an upcoming criminal trail. My criminal attorney has advised me not to discuss my criminal case in the family case. Can I file an object to this officers testimony? I haven't been found guilty of anything so how could they try to use that against me?
A:
It depends on whether the officer's testimony will be relevant in the family law case. No, they can't use the fact that you have been charged with or arrested for a crime; an arrest is not proof that you did anything wrong. But, depending on what the officer is asked in the civil case, the officer's testimony may be relevant. What you did during the incident for which you were charged may very well be probative as to the issues involved in the family law case.
Obviously, it might very well be a good idea to have an attorney for the family law hearing, particularly so that the outcome doesn't depend upon your giving up your right not to incriminate yourself.
Bruce Alexander Minnick and Charles M. Baron agree with this answer
1 user found this answer helpful
A: If the underlying complaint filed in your arrest is a matter of public record the fact that you were arrested can be mentioned; but it should not be used against you by the family law judge because it is not relevant. Hire a family lawyer to help you.
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