Skip to main content
Robert C. Gigstad

Robert Gigstad’s Answers

128 total


  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • I'm 20 years old and was charged with MIP, Can i qualify for diversion?

    This was a case of me being in the wrong place at the wrong time and not thinking. I Was pulled over for a minor traffic violation and police found an open container of alcohol in my car. I was given a mandatory court date and i am scared out of ...

    Robert’s Answer

    I agree with both other attorneys that have answered this question. MIP is a Class C misdemeanor meaning it is very low on the totem pole so to speak. As Attorney Robinson said your biggest concern should be the license suspension. Since you haven't been in trouble before it is likely you can do a diversion on an offense like this, but it is best to seek local counsel.

    Good luck.

    See question 
  • I was charged with Domestic Violence but applied for the Deferred Judgement program.. This is my first offense.. Jail time?

    My boyfriend & I got into an argument, & I called the cops only trying to get some unwanted people out of our apartment & those unwanted people lied to the cops & said I pushed my boyfriend up the apartments stairs.. It was 3 same stories against ...

    Robert’s Answer

    I recommend you contact a local attorney as soon as you can. By Deferred Judgement Program, I assume you are referring to some type of a Diversion program, which would avoid jail time. However, you should consult an attorney to review the facts of the case against you. There is a possibility you would have a case you would want to take to trial. Best of luck.

    See question 
  • Can I get my warrant lifted as long as I pay on it in Kansas?

    I have a warrant in kck but I signed up for the Navy and in order for me to continue with my process I have to pay off my warrant

    Robert’s Answer

    Contact an attorney who works in Kansas City, Kansas courts as soon as possible. If you just owe money, it will likely be a simple process, but they will be able to find out from the court what you are facing.

    See question 
  • If your criminal case was "woped" is there forms to stop the DA from bringing the case back?..I'd rather be charged and over it

    Its a drug charge

    Robert’s Answer

    Contact a local attorney in your jurisdiction as soon as possible. The DA does have discretion as to when to prosecute cases, but the process can be helped along if you have an attorney representing you.

    See question 
  • I was accused of shoplifting $120 worth of merchandise from a Kohl's in Overland Park, KS. Is it likely that I will go to jail?

    This is my first offense, no prior criminal record. I did not admit to the theft but was arrested and taken to jail based on the store's video footage and the officer and clerk's interpretation of it. I have contacted a criminal lawyer's office ...

    Robert’s Answer

    Contact a lawyer immediately, and only discuss this matter with them. As both the other attorneys have stated you do have some options since it is your first time facing criminal charges. This is a serious offense, but it is likely that with an attorney's help you will be able to avoid jail time completely.

    See question