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Robert C. Gigstad

Robert Gigstad’s Answers

128 total


  • 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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  • Driving while (unknowingly) suspended, while on probation

    I got a DUI January of last year and was just convicted on June 25th. My probation began that day and I have my first meeting with my probation officer on July 9th. I was pulled over yesterday for a cracked windshield and come to find out my dri...

    Robert’s Answer

    Driving while suspended could be a cause for revocation of you probation. I would recommend contacting a local attorney as soon as possible.

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  • I got charged with DV two different times within a 2 week span. I. whats most likely to happen?

    The first charge was with my whole family over a girlfriend that started a argument between everybody , i got ganged up on . my girlfriend however didn't get a charge. Two weeks later this girl gets angry about a simple polite question. Which turn...

    Robert’s Answer

    I would contact an attorney to discuss your case immediately, you are facing very serious consequences.

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  • Is this a Criminal threat - how do I prosecute?

    My drunk brother came to my residence door (he doesnt live there) to argue and cause trouble. I didnt answer the door or open the door - just ignored him, went downstairs to the basement. Later after he left and I came upstairs I found a bunch of ...

    Robert’s Answer

    Yes, that would be deemed a criminal threat. I would contact the police, and file a report immediately. As attorney Lewis stated, it will be up to the prosecutor as to whether or not to file formal charges.

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  • How serious is my MIP in Kansas?

    I'm 20 years old and I asked a friend to get me some alcohol. I didn't go with them to the liquor store but a couple of my other underaged friends accompanied the guy who was buying for us and were followed home by a couple of cops. I went outside...

    Robert’s Answer

    I would recommend speaking with an attorney as soon as you can. An MIP is a class C misdemeanor, which is the lowest level of misdemeanors, but it still has serious consequences. The most serious of which is the potential driver's license suspension.

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  • What is the process for doubling a speeding ticket?

    I received a speeding ticket in Dickinson County, and I was wondering how I go about doubling it to not have it go on my record.

    Robert’s Answer

    I would recommend contacting a traffic defense attorney to discuss your options. Most courts offer either an amendment or a diversion procedure in order to keep a ticket from hitting your record.

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  • If they wrote down an MIP charge, but I was not in possession, so will my charge be dropped?

    I did not have alcohol on me, and although I was intoxicated, they did not charge me for being drunk. I feel as though they should have to drop my charge because I am completely innocent of possessing alcohol.

    Robert’s Answer

    Often times these charges in KS are charged possession or consumption. I would advise speaking with an attorney as soon as possible to analyze what defense you might have for your case.

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  • I cant pay for diversion what can i do?

    its 642 dollars.. i was stupid and tried to take a 40 dollar mp3.. what can i do..?

    Robert’s Answer

    Not knowing any of the facts of your case, I can advise that most courts will allow you time to come up with the money if you request a continuance.

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