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Frequently Asked Questions

Criminal Defense Attorney in Overland Park

Frequently Asked Questions

The first thing you need to do when you freedom, your future and your reputation are on the line is to remember the very basic fact that you do have rights and you do not have to be intimidated. It is in your best interest to contact an Overland Park criminal defense lawyer right away to ensure that your rights are fully protected. At the Gigstad Law Office, LLC, we will not allow you to be intimidated and we stand ready to vigorously defend you against criminal charges. You do not have to face this battle alone; our firm may be able to help you. If you have been charged with a crime or if you are being investigated for a crime, you are probably asking yourself some of the following questions:

Q. If I am convicted, what kind of penalties am I facing?

A. That all depends on the crime as well as the circumstances of the crime you are being accused of. Misdemeanor crimes seldom result in significant jail time but you may be facing heavy fines as well as permanent criminal record . Tough judges can impose the maximum penalties, which can be up to a year in jail in some criminal cases. Felony convictions for crimes such as drug charges or domestic violence are very serious and you may be facing a lengthy prison sentence along with the possibility of fines and a long probation. A criminal record for a felony conviction can make it very difficult to get a job or even find a place to live. While juvenile crimes are often considered less serious, don't be fooled. A conviction for a juvenile crime can impact the rest of your life. Not only might you be facing incarceration, but college and career plans could be destroyed in a conviction.

Q. At what point do I need to hire an attorney?

A. If you have been charged with any crime, you need to hire a skilled and proven attorney from our firm as soon as you can. Timing is critical when it comes to the law and the criminal justice process. There are court imposed deadlines that must be followed for a number of issues and the sooner that you involve our firm, the sooner we can make sure that your rights are aggressively protected and the sooner we can develop a strategic defense.

Q. Do I have to allow the police to search my home or my car?

A. No, not unless the police have a search warrant. You do not have to consent to a search by the police in fact even if they threaten to hold you until they obtain a search warrant, it is rarely a good idea to consent to a search. If they do obtain a search warrant, our energetic and knowledgeable legal team will investigate how they obtained the warrant. If your rights were violated in any way we may be able to have any evidence found in the search thrown out.

Q. If I refuse to answer questions or give a statement about any crime, can I be charged as a result of my refusal?

A. As per the Fifth Amendment, you have the right to not say anything that might incriminate you. The police may try to convince you that not cooperating will lead to more severe consequences later, but they are not really concerned about your best interest s. On the other hand, our firm is totally committed to fighting for your rights and interests, and we will stand up to the police and fight for you. Even if they promise leniency, keep in mind that the police are allowed to lie when they are trying to get you to make incriminating statements. Law enforcement and the prosecution will do everything they can to build their case against you. The best way to make sure that your rights are fully protected is to have accomplished defense attorney from our firm by your side.

Q. If I am arrested, do the police have to read me my Miranda rights?

A. That depends on your specific case. Miranda rights must be read to you if any statement you make is to be used in the case being built against you. If the case against you is strong enough that no statement from you is necessary, the police do not have to read you your rights. In any event, it is advisable not to speak to anyone, including friends or family, until consulting our firm. In a serious criminal case, it is possible that your phones are being monitored.

Q. Can I talk to my friends and family about what happened?

A. No, it is not advisable. In general, anything you say to another person is not privileged meaning that it may possibly be used against you. Any communication with our firm is privileged and we will work with you to protect your rights and your future. With our firm, you can trust in integrity, commitment and results.

Contact an Overland Park criminal defense lawyer from our committed and resourceful firm right away for an aggressive defense against criminal charges.

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Testimonials

Client-Centered Legal Represntation
    "Friendly, Reliable, and Professional"
    Chris was great! I was involved in a car accident at a stop light and was given a ticket for following too close. The girl I hit even said it wasn't my fault, however I was still given a citation. I contacted Chris to help me get my ticket reduced to a non-moving violation after several people told me it couldn't be done since I was involved in an accident. I provided Chris with all the details of the accident and he said he would take care of it. After a few exchanged emails, Chris attended my court date and got the job done! For a small fee, my ticket was reduced to a non-moving violation. I would encourage anyone to use Chris' services because he was friendly, reliable, and professional.
    Happy Client
    "I Would Recommend Him to Anyone"
    Robert represented me on my case in Manhattan, KS with great results. I would recommend him to anyone.
    Mike
    ""He's Da Man""
    He made me feel very comfortable, therefore making my communication between us seam easy and hassel free. He always got back to me in a timely manner and always had a positive solution to my problem.
    anonymous
    "I Would Highly Recommend Giving Robert a Call"
    Robert was very easy to work with. He took care of my speeding ticket for a very reasonable fee and had the ticket amended down to a non-moving violation so no points against my drivers license or insurance rate increases. If you have a speeding ticket in the KC area that needs to be dealt with, I would highly recommend giving Robert a call.
    Mat
    "Very Respectful and Understanding Throughout the Process"
    I contacted Gigstad Law Office when I found myself being charged with a DUI in the state of Kansas. Although I've used other lawyers in the past for other types of legal situations, I've found, much to my disappointment, that they can often be flaky, or lacking in timely communication and responsiveness. I found that Mr. Gigstad was just the opposite. His rates are reasonable, he didn't drop the ball when I needed immediate legal advice, and was very respectful and understanding throughout the process. I would definitely recommend his services.
    DUI Client
    "He Is Very Adept at Guiding You to the Very Best Scenario for Your Particular Situation"
    I highly recommend Mr. Gigstad for your legal needs. He is very adept at guiding you to the very best scenario for your particular situation. He helped my husband and I with a case that would have required us to travel to Kansas had we not hired him. He made it possible for us to stay here in Florida as he went to all of our court appearances, negotiated so we would receive the lightest possible court penalties, including negotiating for the lowest fine that the court would accept. As a bonus, Mr. Gigstad is extremely reasonable! If you would like to get the best outcome for your case, hire Mr. Gigstad!
    Lindy
    "Took Care of Everything for Me"
    Took care of everything for me... I just gave him the paperwork. Pretty legit
    Aaron
    "I appreciate all of his expert help making the most out of a bad choice & bad situation."
    Chris was great from the start! I made a bad judgement call to get myself into the position I was in, and I needed help to rectify the situation & move forward. I am completely inexperienced when it comes to the law & proceedings. Chris was professional, supportive, and just - HANDLED everything. I appreciate all of his expert help making the most out of a bad choice & bad situation. There is so much additional sleep I could have lost at night if I didn’t trust Chris to guide me in the decision making and achieve the best possible outcome. I highly recommend Chris!
    Happy Client
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  • LICENSE NOT SUSPENDED. A.M. V. KANSAS DEPARTMENT OF REVENUE
  • DRIVER'S LICENSE NOT SUSPENDED. A.M. V. KANSAS DEPARTMENT OF REVENUE
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Why We're Different
  • Exemplary Professionalism
    Proud members of top legal associations, including the ABA and National College for DUI Defense®, and Avvo-rated for professionalism. Rely on us for unwavering commitment to the highest standards in handling your case.
  • Justice Advocates
    Active participants in the Kansas Association for Justice and the NACDL, we are staunch advocates for justice. Expect a dedicated ally, committed to ensuring fair treatment within the legal system.
  • Results-Driven Approach
    Backed by The National Trial Lawyers: Top 100, we are motivated to achieve success, be it through negotiations or trial. Our firm is committed to delivering tangible results for your legal matters.
  • Rooted In Integrity
    Our firm, a member of the Kansas Bar Association, Kansas Association of Criminal Defense Lawyers, and Johnson County Bar Association, prioritizes your needs. Experience client-focused and principled legal representation.