Legal Question in Family Law in Texas
can a pending not convicted criminal charge be be used in a custody and divorce hearing. Being accused of manufacturing drugs no evidence found hair follicle test negative my number was on a gang members phone. was unaware of his involvement I worked pt time as bar tender to earn money to fly out of state to see my children after the divorce. The divorce has been reopened due to her not telling the judge the truth under oath and has proof
1 Answer from Attorneys
I would imagine that most or all of the evidence that you have a criminal charge pending against you is inadmissible as hearsay. It is not hard for a good attorney to overcome that particular hearsay objection, though.
If I were you, I'd go take a court-admissible 10-panel nail test, get a business records affidavit to cover it, and file it with the court. All of us know that urine and hair tests are easy to defeat. Nail tests are much harder to defeat and have a much longer look-back time. A clean nail test, covered with a business records affidavit, is powerful evidence that you were not USING. It's not proof that you were or weren't manufacturing, delivering, selling, etc. I'm not sure what the criminal charges are...don't know if this is helpful or not.
Good luck!!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
