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Robert C. Gigstad
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Robert Gigstad’s Answers

133 total


  • 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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  • Is there anyway I can get charges dropped off my bf case ?.

    My bf was charged with kidnapping , but he did not kidnap our child . Maybe , they misinterpreted something I said .

    Robert’s Answer

    The decision on whether or not to dismiss the case rests solely with the Prosecutor. You can approach them with your wishes, and it's possible that they may choose to dismiss. If your bf does have an attorney I would agree with Attorney Lewis that you should consult them as soon as possible.

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  • Do I need an attorney to help fight my MIP?

    I am 19 and received an MIP along with my girlfriend this past weekend at a concert after having half a beer (my girlfriend had a few sips of wine..). We were sitting on the back of her car in the parking lot when a van with the doors open pulled ...

    Robert’s Answer

    I would advise consulting a local attorney. I would also advise not putting any information relating to the case on a public site such as this.

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  • Second probation violation for a worthless check. i got caught driving on suspended. What can I do?

    None

    Robert’s Answer

    Consult a local attorney as soon as possible. You have the right to a hearing on this probation violation. Don't discuss anything further without first consulting an attorney.

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  • How accurate are BAC readings? Is it possible for them to go down by the second test by over .02? Thanks.

    Initial breath test took two attempts - read .115 At the station the second breath test took two attempts also - read .089

    Robert’s Answer

    Yes this is very common. The first test at the car is a PBT (Preliminary Breath Test). There are numerous types of machines that police use for this test, they are notoriously inaccurate, which is why as Attorney Lewis said they aren't admissible against you for guilty or innocence. However the test at the station is an Intoxilyzer 8000, and is admissible in KS as long as the proper procedures were followed. Consult a local attorney to discuss your case in more detail.

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  • If I was jailed for felony eluding then released with no charges at the time.. is it likely charges will be brought back up..

    I was told district attorney has up to 2 years to press charges. It's been 8 Mos and I haven't heard a thing. Should I be concerned

    Robert’s Answer

    In KS they have 5 years to bring charges against you. Consult a local attorney immediately for more information on this matter.

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  • I was charged with drugs possession from drugs found in hotel but it was not in my name an I wasn't in the hotel

    I had a suitcase in hotel

    Robert’s Answer

    Consult with a local criminal defense attorney in the jurisdiction you are charged with this crime. Don't post any further details on the specifics of this matter.

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  • I got arrested for Domestic Battery for the second time.The first it got dismissed. Then a year later the second its this one.

    I have federal probation. My boyfriend gave a written statement

    Robert’s Answer

    This will be treated as your first as long as you don't have any priors on your record. Contact a local attorney. Johnson County District Court is one of the worst places in the state to be charged with a Domestic Battery case.

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