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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 99450
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The state of Kansas is trying to make me testify against my

Customer Question

The state of Kansas is trying to make me testify against my husband in a criminal matter. I was just curious if there is anyway to get around this?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: It's in Wichita, Kansas. My husband is being charged with 2 counts of aggrivated battery and 1 count of criminal trespass. It is from an accident he got into with our 7 and 9 year old in a UTV back in June
JA: Have you talked to a lawyer yet?
Customer: No. He has retained one but there is a no contact order in place so I don't think I can communicate with his attorney
JA: Anything else you think the lawyer should know?
Customer: Well they sent me a sapena yesterday via mail for me and the kids. That's about I can think of right now.
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. This is called spousal privilege. In Kansas, this is under KSA 60-428. The spousal privilege rule does not apply:

(1) in an action by one spouse against the other spouse, or (2) in an action for damages for the alienation of the affections of the other, or for criminal conversation with the other, or (3) in a criminal action in which one of them is charged with a crime against the person or property of the other or of a child of either, or a crime against the person or property of a third person committed in the course of committing a crime against the other, or bigamy or adultery, or desertion of the other or of a child of either, or (4) in a criminal action in which the accused offers evidence of a communication between him or her and his or her spouse, or (5) if the judge finds that sufficient evidence, aside from the communication, has been introduced to warrant a finding that the communication was made, in whole or in part, to enable or aid anyone to commit or to plan to commit a crime or a tort.

So one can be made to testify. However, she may omit what he stated to her based on the above, unless it is one of the 5 exceptions in which case she has to testify.

Finally, even if there is a no contact order in place, you can communicate with his attorney.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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