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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.

  • What Our Clients Say
    Our clients share their stories about what happened and how we helped.
  • About Our Attorneys
    We're here to protect your legal rights and defend your future.
  • Our FAQ's
    You Are Probably Asking Yourself Some Questions

Testimonials

Client-Centered Legal Represntation
    "Mr. Gigstad Has the Honor and Integrity That Much of the Judicial System Is Missing"
    Mr. Gigstad has the honor and integrity that much of the judicial system is missing. I would recommend him to anyone!
    Aaron H.
    "Great to work with!"
    Mr. Gigstad was upfront and professional about what I would be facing from the very beginning. He worked to help me understand the situation and found the best available outcome for me, considering. I would hope if I ever need legal representation again I would be in the hands of someone as professional and experienced as Mr. Gigstad.
    Former Client
    "Always Responded Back in a Timely Manner"
    Did a great job. Always responded back in a timely manner and was able to handle all cases to our satisfaction. Thanks.
    Terry
    "Robert Was Excellent to Work with"
    Robert was excellent to work with. I have known him for many many years and he was very professional. He took care of me in a timely manner and also answered any questions I had.
    Lindsay
    "Robert Was Able to Handle Our Case with the Utmost Professionalism and Discretion"
    Robert was able to handle our case with the utmost professionalism and discretion. He took the time to outline any and all appropriate courses of action, demonstrating what I viewed as a superior consultative prowess. I was very appreciative of his aid, and would highly recommend him to my family and friends.
    Adam
    "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
    "Took Care of Everything for Me"
    Took care of everything for me... I just gave him the paperwork. Pretty legit
    Aaron
    "I Would Definitely Use Him Again and Would Recommend Him to Any of My Friends"
    I found this attorney through a website and saw his outstanding rating from other clients but was a little nervous. I met him at his office and was very impressed by his knowledge and professionalism. He won my case and I could not of been happier. I would definitely use him again and would recommend him to any of my friends! Thank-you again Mr. Gigstad
    Ronald
  • DISMISSED STATE OF KANSAS V. J.M.
  • DISMISSED CITY OF OVERLAND PARK V. H.C.
  • Dismissal City of Gardner v. J.V.

    City of Gardner v. J.V. - First Time DUI.

  • Dismissed before Trial. State of Kansas v. G.E.

    1st Time Drug DUI & Speeding. Dismissed before Trial.

  • ALL CHARGES DISMISSED CITY OF ROELAND PARK V. B.T.

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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.