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Robert C. Gigstad

Robert Gigstad’s Answers

130 total


  • Is diversion an option for a misdemeanor class A child endangerment charge if I have no prior criminal record?

    I was not arrested at the time nor were my children taken away or even checked on by child protective services. I left them home alone sleeping one night, they are 7 1/2 years old. I agreed to let them live with their father for a year after the h...

    Robert’s Answer

    It's a possibility. I recommend contacting an attorney in the City in which you are charged. They should be able to find out if you are eligible rather quickly.

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  • Getting off diversion early in Kansas

    I got a dui when I turned 18 and am currently going through the 12 month diversion program avalible. i have heard in classes that I had to attend for my dui that it is possible to terminate the diversion when all of the fines and classes are done ...

    Robert’s Answer

    The truth is there is always a chance. Every jurisdiction handles this a little differently, but I would encourage you to speak to an attorney in the area where you are on diversion. They will likely be able to tell you whether or not it would be worth spending any time or money pursuing this.

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  • Does the diversion program drug test for unrelated drug purposes?

    i have to meet with a diversion officer on July 6th about diversion. I was wondering if they drug test you that day or not.

    Robert’s Answer

    As both other attorneys responded, it is possible for your monitor to request a drug test at anytime during your diversion period. Best not to risk it!

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  • Im 19 and I forgot to pay or shoplifted

    Me and my fiance were shopping in Topeka kä and I got a donut and milk. Ate the donut and drank the milk then threw away the milk and the rest of the donut. Now this stuff doesn't even add up to 3 dollars. What am I looking at cause now I have to ...

    Robert’s Answer

    Even though it seems like a small amount, under KS law you are facing the same charges as if you took a $900 TV. You are young, and don't want something like this following you around the rest of your life. Contact a criminal defense attorney that works in Topeka asap.

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  • I was wondering if a bench warrant can be recalled in california after a plea and without me going to court in california

    I live in another state outside of california and have a misdeamnor bench warrant for failure to remand for public intoxication after a plea but i live in another state and i cant come to california to take care of it i have no liscense no place t...

    Robert’s Answer

    Contact an attorney in California that works in the court in which you have the warrant. Often times in the case of a misdemeanor it is possible to work out the case without you actually appearing since you do live out of state.

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  • Why are my charges different now?

    When I got arrested and bonded it was for 3 felony charges and 2 misdemeanor . At my first court appearance I have no felony charges only misdemeanors. I paid 1000.00 on a 10,000 bond to get out of jail if I was only charged with misdemeanors why...

    Robert’s Answer

    Both attorneys are correct on their responses. It sounds as if the prosecutor decided to charge you with misdemeanors instead of felonies, which is at least a little bit of a silver lining in this situation you are facing. I recommend contacting a criminal defense attorney in the area of the court in which you are charged.

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  • I got a speeding ticket going 23 over the limit and a have a cdl what am I looking at

    was on I 70 and was pullover for speeding 93 in a 70 and I have a cdl i was pulled over by highway patrol

    Robert’s Answer

    I recommend contacting an attorney in the area of the court you are dealing with, depending upon the court you may have options of reducing or dismissing the ticket outright, even though you have a CDL.

    Contact an attorney, asap.

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  • What are my options if I've been charged with Criminal Trespassing and Criminal damage to property?

    I was arrested for these crimes last night and was bonded out. I am currently under diversion for traffic tickets as well. I've never been charged with these crimes before.

    Robert’s Answer

    First off I would recommend contacting an criminal defense lawyer in the area of the court in which you are charged. Criminal Trespassing is a Class B Misdemeanor, meaning it carries max penalties of up to 6 months in jail, and up to $1000 fine. Criminal Damage to Property can be charged as a misdemeanor or a felony depending on if the alleged damage is over $1000.00, but most cases involve damage under $1000 which would result in a Class B misdemeanor for this charge as well.

    As you can see both of these charges are very serious in nature. I highly recommend speaking with an attorney.

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  • Forgot to pay fines.

    I was arrested and charged with DUI and possession in Manhattan, KS. I was sentenced with 1 year probation, $2,xxx in fines, 40 hours community service, and counciling. I passed counciling, completed my service in one month, met with probation off...

    Robert’s Answer

    Situations like yours come up quite often. First order of business, hire an attorney who handles cases in Manhattan. The court is likely open to working with you as they would like their money, and they don't really have any way to penalize you except for keeping the hold on your license. It's likely an attorney would be able to get something worked out for you involving payment of fines, and potentially some additional monitoring time with the court.

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  • How can I drop charges against my husband for a domestic battery

    Husband grabbed my arms I had a red mark so they took him to jail and he is military How can I get this all to where he will not lose his career

    Robert’s Answer

    Attorney Wigell hit this right on the head. You cannot choose to drop the charges at this point. Now it is completely up to the prosecutor. You can express your opinion that you do not want the case to move forwards, sometimes that will be enough. However, often times you will need to work with your husband's defense attorney, or hire an attorney on your own. Best of luck.

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