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Derek Michael Smith

Derek Smith’s Answers

960 total


  • Is it illegal If my lawyer didn't make a motion to dismiss the jury when I requested to do so

    I told my lawyer that I was not satisfied that I had a jury of my peers and wanted them dismissed he repeated my request to me so there was no misunderstanding and did not make the request he went on to tell me that the judge would not do so and ...

    Derek’s Answer

    Your attorney is able to make certain decisions about your legal defenses and arguments without following what your wishes are in certain cases. If you feel that you truly did not have a jury of your peers and your case was a conviction, you should retain an attorney to assist you in the appeals process.

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  • , migraine hits. Pull over , close eyes. Cop opens door. 2 closed bottles in car. No field test. Spent night in jail.. Help

    Forced Blood test, stripped, thrown in a cell with no water,phone, or toilet. Is this abuse?

    Derek’s Answer

    I'm sorry for your situation. You need to be worried about the DUI, the abuse, while horrible, is something that you can deal with later. The criminal case is much more immediate.You should contact an attorney in you area as soon as possible so you can discuss your situation with them.

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  • If your family member was murdered, and the person is on death row, do you get like...invited to watch their execution?

    I am in his situation, and I just was wondering if I would get summoned for the inmates death, or how that worked for victim's family members.

    Derek’s Answer

    The process changes from state to state. The easiest way to get an answer to this is to talk to the prosecutor who handled the case. She or he will either know the answer or be able to direct you to someone who does.

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  • Can the da make you testify if you told them no?

    its a assault case against my ex I told them I didn't want to testify in court so would the da get me from my job and make me testify if it goes to trial

    Derek’s Answer

    The DA can issue a subpoena requiring you to appear in court. If you fail to appear, they can get a warrant for you. Once you are on the stand, you will be required to answer questions under oath. You can be held in contempt if you fail to answer, which means you can be incarcerated until you agree. If you have more than general questions, you should seek an attorney there in Houston who can tell you about the full ramifications and likelihood of each possible outcome.

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  • As a male victim of domestic abuse, are there really any avenues for assistance?

    I am a male victim of domestic abuse, and despite all of the evidence I present and attempt to present, my honest claims are dismissed and/or met with hostility in court. The order for protection that I have is useless, as the county refuses to en...

    Derek’s Answer

    You are in a very difficult position here. Our culture has an inherit believe that a man can't be the victim of domestic violence with a woman. This is often doubly true with law enforcement and the court system. My advise to you is to seek the assistance of an attorney that will assist you in advocating for yourself.

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  • I was told that a detective from Bronx, NY came to my house asking to speak to me. When I called they told me to come in.

    I live in Rockland County, NY and I am not understanding why a detective would come to my house to speak to me. They said they were trying to call me, but my voicemail was full. I don't know what to do, should I go to the precinct or should I ju...

    Derek’s Answer

    You should contact an attorney in Rockland County as soon as possible. Talk to them about the situation and see what advice they tell you. You may, or may not, want to cooperate with the detectives and you certainly want an attorney's advise on how to proceed further.

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  • What is hard core evidence in a aggravted assault case? are there any grounds for dismissal in a ga aggravated assault case?

    http://m.savannahnow.com/news/2012-02-27/public-safety-summary refer to this link about my husbands case

    Derek’s Answer

    The evidence on the news make the case look bad, but that does not always paint the correct picture of the full situation. Your husband is in serious need of an attorney as soon as possible.

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  • Is there any way that I can have someone review my brothers case before I pay?

    My brother was convicted in Florida several years ago. He feels that he was received an illegal sentence, because he was charged with the same crime twice.

    Derek’s Answer

    Contact an attorney in the county where this offense occurred. You will be looking for an attorney that handles appeals in criminal matters. Many attorneys offer free consultations.

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  • Im charged with possession meth,no criminal history but there was a stolen gun in the car with my prints on it which they are ch

    What sentence should i expect

    Derek’s Answer

    A sentence for a felony ,or multiple felonies out of the same case, is determined by two basic things, the seriousness level for the offense and the prior criminal history. There are also modifiers that will affect the sentence as well. In your case, there are many possible outcomes depending on the nature and type of charges you face. For example, there is a sentencing grid for drug cases and non-drug cases that work differently. There are also rules about when sentences run consecutively (the sentences run back to back) vs. concurrently (the sentences are running on the same times). Finally, depending on the meth charge, if you were armed with a firearm during that offense, the offense may be considered a "strike" offense and may have mandatory sentence enhancements.

    You absolutely need to be talking to an attorney as soon as possible about your case.

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  • Can I travel when im on Probation ? My job for work is constant travel? Can UA's be arranged through different states?

    I live in Washington. I am contracted through the VA where I travel for a living for work. I was contracted on 11/4/13. I plead to a 3607 where im on probation for a year. The charge was simple possession of Marijuana that happened a year ago....

    Derek’s Answer

    You should contact the probation officer or the court system you are on probation through. It sounds like you are in Federal Court and so you might have a federal probation officer who can answer your question. Most likely the answer is you will be able to travel while on probation, but talk to court/probation officer to find out for sure.

    You can also contact your attorney who assisted you with this resolution. She should know the answer to this.

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