Robert C. Gigstad’s Answers

Robert C. Gigstad

Overland Park DUI / DWI Attorney.

Contributor Level 10
  1. If I am working the door for a party and drink no alcohol, Can I still be charged with a "Minor In Possession"?

    Answered about 1 year ago.

    1. Robert C. Gigstad
    2. Richard Stephen Jaffe
    3. Joseph Peyton Lea III
    3 lawyer answers

    Agree with both other attorneys, you could be charged, but very unlikely they would be able to convict you of anything.

    1 lawyer agreed with this answer

  2. This is my 2nd offense for shoplifting, but it was in different city. Not sure if i need counsel or not? could I face jail time?

    Answered about 1 year ago.

    1. Patrick Michael Lewis
    2. Robert C. Gigstad
    2 lawyer answers

    I would tend to agree with Attorney Lewis, it is likely they will know about your prior, and if you were to get in trouble for this again you would be facing a felony. I would recommend you find a local attorney to assist you with your case.

    1 lawyer agreed with this answer

  3. Do I need a lawyer for first offense battery on an Leo officer?

    Answered about 1 year ago.

    1. Patrick Michael Lewis
    2. Robert C. Gigstad
    3. James Regan
    3 lawyer answers

    You are facing a very serious charge, so you absolutely need to consult with an attorney. If you are in Wichita I recommend you find a local criminal defense attorney as soon as possible.

    1 lawyer agreed with this answer

  4. Is there any way that I can get the felony theft charge dropped to a misdemeanor or at all?

    Answered over 1 year ago.

    1. Patrick Michael Lewis
    2. Robert C. Gigstad
    3. Gray Richard Proctor
    3 lawyer answers

    I agree with Attorney Lewis, you can try to fight the case to get a Not Guilty verdict, or attempt to negotiate with the Prosecutor to come to an agreeable arrangement. I would highly recommend consulting with a local attorney in your area though.

    1 lawyer agreed with this answer

  5. Can I sue a county for wrongful imprisonment?

    Answered over 1 year ago.

    1. Robert C. Gigstad
    2. Joshua D. Seiden
    3. Michael Lawrence Doyle
    3 lawyer answers

    It's going to be a tough road if you do choose to sue. Kansas has had many cases including one in front of the Kansas Supreme Court this last summer where a person with the same name of someone else was arrested on a warrant, and held for 2 weeks, and still lost his case. I would recommend speaking with an attorney as soon as you can.

    1 lawyer agreed with this answer

  6. Is there any point of trying to fight a speeding ticket? Especially one in a school zone?

    Answered over 1 year ago.

    1. Robert C. Gigstad
    2. M. Todd Miller
    2 lawyer answers

    Depending upon what your goal is you may have a couple of options. If you just want to keep the ticket from affecting your record and your insurance, you MAY be able to get a diversion or amendment on the ticket to get it changed from a moving violation to a non-moving violation. I say MAY because most courts in KS won't do this if you are in a school zone. Your second option if you aren't able to get an amendment or a diversion would be to take the case to trial, which in most cases...

    1 lawyer agreed with this answer

  7. I'm wondering if I should fight a speeding ticket I recently got going 32 in a 20.

    Answered over 1 year ago.

    1. Robert C. Gigstad
    2. Jorge Luis Rodriguez
    3. Lawrence A. Newman
    3 lawyer answers

    I suggest speaking with an attorney in Wichita, most will offer you a free consultation as to what your options are. Some courts will not allow you to amend tickets in a school zone. Depending upon your driving record it could be worth it for you to attempt to keep the ticket off of your record, but sometimes the total fees might not be worth it.

    1 lawyer agreed with this answer

  8. My ex file a retraing order again and then i broke it by texting cause she were texting me first pls i need help with this

    Answered almost 3 years ago.

    1. Robert C. Gigstad
    1 lawyer answer

    You need to speak with an attorney if you can. Violating a restraining order or protection order is a serious offense. Even if she was texting you first you can still be in trouble as well. You need to speak with an attorney or get a court appointed attorney to look at all the facts and let you know what your options are.

    1 lawyer agreed with this answer

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

    Answered 9 months ago.

    1. Robert C. Gigstad
    2. Anthony Michael Solis
    2 lawyer answers

    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.

    1 person marked this answer as helpful

  10. Probation Violation on 3rd DUI Conviction, what happens now?

    Answered over 2 years ago.

    1. John Wallace Thurston
    2. Robert C. Gigstad
    2 lawyer answers

    It's good that you have an attorney working for you on the case. It is possible that they revoke your probation and make you serve the terms of your underlying sentence. I would recommend doing any and everything your attorney tells you. And don't do anything else to violate the terms of your probation.

    1 person marked this answer as helpful