QUESTION
What are the evidence laws in this state?
Asked on Apr 02nd, 2012 on Criminal Law - New Hampshire
More details to this question:
I am being charged with welfare fraud. For getting child support and nor reporting it as income in 1996 and 1997. My ex husband the one who paid me the support is the one who is furnishing the canceled checks, and testifying that I was paid them. No bank employee is listed on the witness list. This is the only evidence that they have as to the payments. Can he furnish this evidence? What are the evidence laws in the state of NH? He is also considered a biased witness. How can we block this evidence from coming in to the jury?
1 ANSWER
Criminal Law Attorney serving Salem, NH
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Your husband can testify about what he paid you and when. His cancelled checks would be admissible evidence provided he can identify and authenticate the checks. The State does not need a bank employee to testify about your husband's payments, unless the checks were copied from your account. Even then, your ex husband could testify that he issued the check to you for child support and identify his check and signature. He is a biased witness, but the bias goes to the weight of the evidence and not its admissibility. You can't block it from coming in at your trial.
Answered on Apr 04th, 2012 at 1:42 PM