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Robert C. Gigstad

Robert Gigstad’s Answers

125 total


  • 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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  • I was cited for going 43 in a 30, and I believe I am not guilty. The officer did some questionable things.

    I was pulled over at 6th and Madison in Sedgwick, KS for allegedly driving 43 MPH in a 30 on Madison past Hymer. 6th St and Hymer are 7 blocks apart, with a STOP sign in between. I drive this road very often and am well aware of the speed limits. ...

    Robert’s Answer

    I recommend consulting a local attorney on this matter. A local attorney will likely know the procedures of that specific court, and will better be able to educate you on what exactly your options are, whether that be fighting the ticket, or simply working to keep it off of your record.

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  • Can Sheriff ask to search your vehicle without a reason?

    Stop at a gas station, while pumping the gas, an patrol sheriff officer drives up without a reason asked my associate can he search the vehicle and she says, Yes! before I can respond to the officer question. So, he search the vehicle.

    Robert’s Answer

    In your set of facts it doesn't sound like they found anything, or that you were charged with anything. If this is just something you are upset about, then I fear you are out of luck. The Sheriff was perfectly legal in his act of asking to search your vehicle.

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  • Do i need a real attorny

    my girlfriend and I was served a search warrant , and on the search warrant it said they have evidence Underoath for probable cause of possession of marijuana and paraphernalia. we receive charges for both. what does that mean and do i need to get...

    Robert’s Answer

    I would definitely recommend consulting an attorney. Both of these charges are very serious, and carry penalties of up to one year in jail. They are the highest level of misdemeanor charges in Kansas. Contact an attorney in your area today!

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  • How much time would u have to do

    The charges are car jacking nd brandish a firearm they offered him ten nd he other person seven. Not understanding same crime. Both a felon. Feds picked it up. Ns what about good time. How much would they serve. Not only that aint there a law abo...

    Robert’s Answer

    You need to set up a consultation with a local attorney in the area you are being charged. Most attorneys will offer a free initial consultation. In order to give you any idea of what you are facing the attorney would need to see exactly what you are being charged with. Best of luck.

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  • Is it possible to decrease the restricted driving period of 2 yrs with Ignition interlock device on a first DUI offense.

    This is after completing 1 yr of license suspension on a first DUI charge and completing Diversion monitoring for a yr. I had refused to provide breathlizer sample leading to this arrangement.

    Robert’s Answer

    • Selected as best answer

    If you were represented by an attorney I would recommend contacting them because it depends based on the specifics of your case. Since you are saying that you have a 2 year restriction with ignition interlock I'm assuming you refused the breath test at the station. If this is the case then you would have faced a 1 year suspension followed by a 2 year period of ignition interlock. There would be no way around the 2 year period of ignition interlock in the state of Kansas.

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