Monday, August 31, 2015

Can a picture of a cigar / cigarette be used as evidence that I'm smoking pot? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:    Can a picture of a cigar / cigarette be used as evidence that I'm smoking pot?  My kid's mom says that she has a picture of me with a cigar.  She is trying to say that the cigar is a marijuana cigarette and that the picture is evidence to convince the courts that my child is in danger.  How can I prove that she is lying about me doing drugs?



A:     Chosen as "Best Answer" by Asker on www.AVVO.com

Licensed in FL


1

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chosen by asker
Answered . Yes.  A picture can be used as evidence, but whether or not it is admissible, and whether it actually proves anything, is another story.

You cannot necessarily disprove anything that anyone else says, but then again (in this case anyhow) they can't necessarily prove their point either.

This sounds to me like a "he said / she said" contest, and in any such case "she" is free to lie, and "he" (you) are equally free to call her a liar.

Respectfully, if I were you then I would spend more time worry about myself/yourself and less time about worrying about "her".  Let her say whatever she wants to say.  In the final analysis, so long as you are doing the right thing you should be just fine.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 


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