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Robert C. Gigstad

Robert Gigstad’s Answers

125 total


  • What do I need to do to get on diversion and not go to jail.

    I am 19 and had my court date today. over a month ago my car was searched and I had some fireworks in the back, aswell as my friends scale and weed and pipe and vape and grinder. she left it at a party and she asked if I could grab it so she could...

    Robert’s Answer

    I would recommend trying to either retain counsel, or asking the court for a court appointed attorney on this matter. You are facing serious charges, and it's important to remember that the prosecutor and judge aren't there to give you legal advice!

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  • DUI Help!!!!

    I was arrested for DUI last weekend and am now figuring out everything I need to do. In the state of Kansas, you have 10 business days from the date of arrest to request a license hearing. My driver's license was issued in the state of Iowa, so ...

    Robert’s Answer

    In KS you have 14 days from the date of the DUI to request this hearing. Even though you have an Iowa License you need to request this hearing to attempt to prevent this suspension. It takes a $50 check from you made payable to the KS Dept. of Revenue along with your request. The directions for how to complete this request are on the "pink sheet" of paper you would have received from the officer, also called the DC-27. If you do not request this hearing, then KS will suspend your driving privileges, and Iowa will also suspend your driving privileges when they find out about it. I recommend speaking with an attorney A.S.A.P.

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  • To what extent, will an open container (on public sidewalk) conviction effect my chances of employment after college graduation?

    The only charge/detail in my entire background / criminal history, is a DUI that I was charged with three to four years ago and served a one year diversion period, instead of being convicted.

    Robert’s Answer

    I would tend to agree with Attorney Lewis on this matter, likely it won't have a huge effect, but that does depend on who you are trying to get a job with. I would recommend working with an attorney to keep it from going on your record if at all possible.

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  • Is jail time mandatory, driving on suspended?

    Original ticket speeding Aug. or Sept. 2012 Brown County KS. Suspended failure to pay Dec. 6 2012 Feb. 2013 traffic stop defective tail light found to be Driving on Susp. arrested posted bond. Court fines paid 1st offense. Aug. 2012 stopped by an ...

    Robert’s Answer

    Yes, Mandatory 5 day Jail sentence on a 2nd time Driving While Suspended in Kansas.

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  • Can I be charged with domestic battery without being arrested

    She had friend call cops on me as I was leaving never touch her I had bruises she had nothing cops pull Me and my ride over asked questions then let us go

    Robert’s Answer

    Yes, this happens quite often. The decision to file charges is up to the County Attorney, and often times it doesn't happen until after the fact.

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  • I was arrested while on Diversion as an adult for marijuana and paraphernalia. What will this do to my diverison?

    I was driving down Anderson street going 30mph (the speed limit) and a K9 vehicle pulled onto Anderson behind me, little to my knowledge I had a tail light out and the officer turned on his lights, we pulled into a nearby bank and I was asked for ...

    Robert’s Answer

    There is a small chance with an attorney you could stay on diversion even though you violated. It isn't likely, but the prosecutor might be willing to extend the terms of your diversion. I would recommend speaking with an Attorney that handles cases in Manhattan, KS about your case today.

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  • I have a criminal, county court hearing tomorrow for refusal. Is there any chance I will be taken into custody?

    It will probably be a felony charge. I have a pretty good paid attorney, he just won't return my calls!

    Robert’s Answer

    If you already have an attorney, I would highly recommend speaking with him about this, as he knows the facts of your case. Call him or email him until he talks with you. Best of luck.

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  • Anyway to avoid jail time for a DWS conviction? License reinstated shortly after arrest, prosecutor still wants me to serve time

    I am trying to fight a DWS charge in KS. If convicted, will be my second conviction and the prosecutor wants me to do 5 days in jail, plus pay a fine. I honestly had no idea my license was suspended when I got pulled over the first time back in Au...

    Robert’s Answer

    Often times if you are able to get your license reinstated the prosecutor will agree to amend to a lesser charge, and avoid jail time. However, this is completely up to the prosecutor. I recommend you speak with your attorney about your options.

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  • If I have a criminal trespassing and criminal damage charges can they be dropped?

    Ive had one misdemeanor when four years ago that was dropped

    Robert’s Answer

    I would contact an attorney in your area immediately. You are facing serious charges. You may have multiple defenses to your case you would need to discuss with your attorney. There is always a chance to have charges dismissed, but it is rare because the prosecutor won't file charges unless they believe they can get a conviction.

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  • I have a warrant for probable cause for criminal tresspassing and criminal damage

    If they have no evidence that I did any damage can they charge me?

    Robert’s Answer

    I would contact an attorney in your area immediately. You are facing serious charges. You may have multiple defenses to your case you would need to discuss with your attorney.

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