Robert C. Gigstad’s Answers

Robert C. Gigstad

Overland Park DUI / DWI Attorney.

Contributor Level 11
  1. 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 9 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.

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

    Answered 10 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.

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

    Answered 10 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.

  4. 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 10 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.

  5. 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 10 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.

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

    Answered 10 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.

  7. 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 10 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.

  8. I was arrested for shoplifting in 2009, moved, and never completed my diversion requirements.

    Answered 10 months ago.

    1. Kevin E Dellett
    2. Robert C. Gigstad
    3. Thomas G. Briody
    3 lawyer answers

    It is good that you are looking to take care of this matter. The court will appreciate that fact as well. There are a couple of ways that this could play out. You will likely need a lawyer. There is a very small possibility you would allowed another opportunity to finish the diversion, but the more likely scenario is that they will not allow that, and you will need to look into how to minimize the damage. There is a strong possibility of avoiding jail time altogether. Contact a criminal...

  9. How long it takes for a criminal record to be Sealed/Expunged in Kansas, after the completion of a Diversion Agreement?

    Answered 10 months ago.

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

    Don't pay those sites, they are a scam. As attorney Lewis said you can expunge / seal your public record 3 years after the completion of your diversion. It is a relatively simple process, but most people prefer to use an attorney to take care of it.

  10. 2 DUI's in KS, have ignition interlock installed in my truck.... But I have a '63 Buick Convertible I want to drive!

    Answered 10 months ago.

    1. Robert C. Gigstad
    2. Zach Vadakakara Thomas Jr.
    3. Ramiro Orozco
    4. James J White
    4 lawyer answers

    The only "loophole" in KS would be that a person who is restricted to operating only a vehicle with an ignition interlock device may operate an employer's vehicle without an ignition interlock device during normal business hours, provided that the person does not partly or entirely own or control the employer's vehicle or business. I do not think that this will work for your situation though. My recommendation is to not test the waters on this issue. If you are found operating a vehicle...