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Robert C. Gigstad

Robert Gigstad’s Answers

130 total


  • If your criminal case was "woped" is there forms to stop the DA from bringing the case back?..I'd rather be charged and over it

    Its a drug charge

    Robert’s Answer

    Contact a local attorney in your jurisdiction as soon as possible. The DA does have discretion as to when to prosecute cases, but the process can be helped along if you have an attorney representing you.

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  • I was accused of shoplifting $120 worth of merchandise from a Kohl's in Overland Park, KS. Is it likely that I will go to jail?

    This is my first offense, no prior criminal record. I did not admit to the theft but was arrested and taken to jail based on the store's video footage and the officer and clerk's interpretation of it. I have contacted a criminal lawyer's office ...

    Robert’s Answer

    Contact a lawyer immediately, and only discuss this matter with them. As both the other attorneys have stated you do have some options since it is your first time facing criminal charges. This is a serious offense, but it is likely that with an attorney's help you will be able to avoid jail time completely.

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  • What are the fines for not having an assigned license plate?

    I just got the truck a couple days prior and was told the license plate on it was the current plate but since it had just been the weekend i hadnt had a chance to go and get my own tags. i was pulled over for license plate not working and found ou...

    Robert’s Answer

    Contact a local traffic attorney, they should be able to give you information on how your local court handles such matters. It's likely you'll be able to get the case dismissed, or minimized.

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  • If someone shoplifts once for $53.00 for food and 17 days later shoplifts again in the amount of $210.00 what do you think the

    charge will be?

    Robert’s Answer

    Likely two different charges of misdemeanor shoplifting / theft because the value is under $1,000.

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  • I was arrested for shoplifting in 2009, moved, and never completed my diversion requirements.

    I went to my initial hearing and got a diversion, but I was living with my parents at the time and had no job (extremely depressed). I was required to take a theft class, complete UA's, pay fines, and meet with an officer. Then I had the oppo...

    Robert’s Answer

    It is good that you are looking to take care of this matter. The court will appreciate that fact as well. There are a couple of ways that this could play out. You will likely need a lawyer. There is a very small possibility you would allowed another opportunity to finish the diversion, but the more likely scenario is that they will not allow that, and you will need to look into how to minimize the damage. There is a strong possibility of avoiding jail time altogether. Contact a criminal defense attorney in KS today.

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  • How long it takes for a criminal record to be Sealed/Expunged in Kansas, after the completion of a Diversion Agreement?

    Last year, I was granted a diversion agreement for a battery misdemeanor charge 21-5413 (a) in the State of Kansas. I completed all the requirements and according to the website the charge is dismissed. This is the only charge on my record, but I ...

    Robert’s Answer

    Don't pay those sites, they are a scam. As attorney Lewis said you can expunge / seal your public record 3 years after the completion of your diversion. It is a relatively simple process, but most people prefer to use an attorney to take care of it.

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  • 2 DUI's in KS, have ignition interlock installed in my truck.... But I have a '63 Buick Convertible I want to drive!

    Can I drive a different vehicle that I own without an interlock? Any loopholes to squeak me by?

    Robert’s Answer

    The only "loophole" in KS would be that a person who is restricted to operating only a vehicle with an ignition interlock device may operate an employer's vehicle without an ignition interlock device during normal business hours, provided that the person does not partly or entirely own or control the employer's vehicle or business. I do not think that this will work for your situation though. My recommendation is to not test the waters on this issue. If you are found operating a vehicle without an ignition interlock when required to have one, then you are looking at being charged with a class A misdemeanor in Kansas.

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  • What would my punishment be after fleeing while on probation

    I live in kansas and got chargers as a juvenile i ran and have been staying in a different statw for 2 years now that I'm an adult what would the punishment be for turning.myself in?

    Robert’s Answer

    I would recommend contacting a local attorney in the jurisdiction where you have the outstanding warrant.

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  • How can I avoid color code

    I got 2 charges of pocession of marijuana and 2 charges of parphernial

    Robert’s Answer

    Very unlikely with the charges you have mentioned that you would be able to avoid color code if convicted in Olathe. I recommend you seek counsel to fully explore your options.

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  • Can my probation be revoked on suspicion of.drinking with.no.tests administerd or failures of

    I was accuzed of drinking . I denied.the.accusal.. Offered to take a breathelyzer . The officer.did.not have one so i asked if i wS.being.arrested or detained. He said no.. So i.chose to.walk away. He later sent memo to my probation officer w...

    Robert’s Answer

    The mere accusation isn't enough to revoke your probation. You are entitled to a hearing on the matter if the prosecutor's office does choose to file a motion to revoke your probation. I recommend contacting a local attorney immediately.

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