Robert C. Gigstad’s Answers

Robert C. Gigstad

Overland Park DUI / DWI Attorney.

Contributor Level 11
  1. How accurate are BAC readings? Is it possible for them to go down by the second test by over .02? Thanks.

    Answered 10 months ago.

    1. Patrick Michael Lewis
    2. Robert C. Gigstad
    3. Matthew Oberlin Williams
    3 lawyer answers

    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.

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

    Answered 10 months ago.

    1. Patrick Michael Lewis
    2. Robert C. Gigstad
    3. William W Housley
    3 lawyer answers

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

  3. 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

    Answered 10 months ago.

    1. Jay Scott Finnecy
    2. Robert C. Gigstad
    3. Jaye L. Samuels
    3 lawyer answers

    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.

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

    Answered 11 months ago.

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

    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.

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

    Answered 11 months ago.

    1. Robert C. Gigstad
    1 lawyer 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.

  6. Can I get my warrant lifted as long as I pay on it in Kansas?

    Answered 11 months ago.

    1. Patrick Michael Lewis
    2. Robert C. Gigstad
    3. Robert Jason De Groot
    3 lawyer answers

    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.

  7. 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

    Answered 11 months ago.

    1. Patrick Michael Lewis
    2. Robert C. Gigstad
    3. Stephen Ross Cohen
    3 lawyer answers

    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.

  8. 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?

    Answered 11 months ago.

    1. Kevin E Dellett
    2. Patrick Michael Lewis
    3. Robert C. Gigstad
    3 lawyer answers

    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.

  9. What are the fines for not having an assigned license plate?

    Answered 11 months ago.

    1. Robert C. Gigstad
    2. Carl Arthur Salzmann
    2 lawyer answers

    Contact a local traffic attorney, they should be able to give you information on how your local court handles such matters. It's likely you'll be able to get the case dismissed, or minimized.

  10. If someone shoplifts once for $53.00 for food and 17 days later shoplifts again in the amount of $210.00 what do you think the

    Answered 11 months ago.

    1. Robert C. Gigstad
    2. Timothy Edward O'Laughlin
    2 lawyer answers

    Likely two different charges of misdemeanor shoplifting / theft because the value is under $1,000.