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I've been subpenoaed to be a witness by the state vs my

Customer Question
I've been subpenoaed to...

I've been subpenoaed to be a witness by the state vs my significant other. Do I have the right to a lawyer myself. ?

Lawyer's Assistant: What confuses you?

Curious about my rights as a witness being subpenoaed . Can I ask for a lawyer ? Can I refuse to answer questions even if they don't incriminate me ?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the subpoena was issued in?

Kansas

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Sorry got disconnected

Submitted: 11 months ago.Category: Criminal Law
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Answered in 4 minutes by:
9/19/2017
Criminal Lawyer: Roy Hadavi,
 replied 11 months ago
Roy Hadavi
Category: Criminal Law
Satisfied Customers: 1,500
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Criminal Lawyer: Roy Hadavi,
 replied 11 months ago

As a witness you do have the right to have an attorney present during the questioning. You cannot refuse to answer a question, simply because you do not want to. If you refuse to answer a question and do not have a legal basis for the refusal, such as 5th amendment rights, you may be held in contempt and could face penalties and/or jail time.

However, if you are legally married, then marital privilege allows you to refuse to answer certain questions. Kansas Statutes Section 60-428 provides certain protections against certain communications between spouses. Please click here to review the code section and learn more about the marital privilege.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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