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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 16379
Experience:  13 years experience in criminal law, BA in criminal justice
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Being charged with Crimal Restraint, Crimal Damage to Prop,

Customer Question

Being charged with Crimal Restraint, Crimal Damage to Prop, Child Endangerment, 2 counts of Domestic Battery, and lastly Criminal Threat-a level 9 felony incident happened between my wife and I last December 08. Never been in trouble, first and only domestic between my wife and I of 13 years. Currently in anger mang and still with my wife. My attorney says the State of Kansas is not willing to plea bargain. State lost my wife's written statement and have not been able to produce it and now my attorney is telling my wife to get her own attorney in order for her to plead the 5th and not testify against me. My attorney said that he believes that if the state understands she will not be testifying then they will be more willing to accept a plea or that if we do go to trial then the sheriff's officer will not be able to testify of her statements and the 911 tape will not be allowed. I just dont feel like my attorney is either being honest with me or is working on my case as he should.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Legalease replied 7 years ago.
I don't mean to pry -- was your wife physically injured and if so, did they take pictures of the injuries?
Customer: replied 7 years ago.
Yes, she had several bruises. She was not severely injured and was not hospitalized or even looked at by a doctor. But yes, several photos were taken of bruises on one leg and both arms
Expert:  Legalease replied 7 years ago.
I cannot tell you that your attorney is not working your case like he should -- that is your assessment. I can tell you that he is not leading you down the wrong path by telling your wife to get her own attorney if she plans on pleading the 5th amendment. This is happening all over the country these days -- traditionally, the abused party could refuse to testify and when the court realized that they did not have a witness, then the matter would be dropped. However, because of the number of domestic violence related deaths, stalking, etc, and the manner in which the courts & judges have been vilified in the press, it is not that simple anymore to get these cases dropped. Prosecutors will now use photos, 911 calls, etc to build their case without the testimony of the abused party. So, what inevitably happens is that the abused spouse/partner ends up pleading the 5th amendment -- which agravates the court even more. So now they want to throw the book at you. Your lawyer is right -- your wife should at least consult with a lawyer to tell her about pleading the 5th amendment and the consequences of such (if any), even if you cannot afford to have a lawyer represent her for the long haul. She can continue to plead the 5th even if she does not have ongoing representation here, but she needs to talk to a lawyer about all of the angles that go with it first. I hope that this assessment helps you in your overall consideration of your position and your wife's position in the case. GOOD LUCK. Please press the GREEN ACCEPT BUTTON so that I will receive credit for my time. THANK YOU!