Derek Michael Smith’s Answers

Derek Michael Smith

Tacoma Criminal Defense Attorney.

Contributor Level 16
  1. I've been charged with a Class C felony in Washington State. I hired a criminal defense attorney and paid a $30k retainer.

    Answered about 3 years ago.

    1. Derek Michael Smith
    2. Scott John Terry
    3. Craig S Orent
    4. Frances Turean
    4 lawyer answers

    Without knowing what you are charged with, the evidence against you, the number of witnesses, and your criminal record it's impossible to say anything about the case. If you want to shop around for another attorney, try calling a few in your area and get their opinion on the case.

    Selected as best answer

  2. Mid Stream Change, Changing Defense Lawyers?

    Answered about 3 years ago.

    1. Derek Michael Smith
    2. Holli Giffin
    3. Bronson D James
    3 lawyer answers

    Concerns with your attorney should probably be addressed with your attorney first. If you have done that and the situation has not been resolved to your satisfaction, you should probable seek new counsel as fast as possible. The case may seem easy to you, and it may be. But an attorney just coming into the case will want to be very certain of the case before he or she tries it. Also, attorneys schedules generally aren't wide open to take trials, which even the fastest jury trial will take a...

    8 lawyers agreed with this answer

  3. Fred is drunk and kisses wilma, she slaps him. Can either or both sue in tort?

    Answered about 3 years ago.

    1. Derek Michael Smith
    2. Marc Sean Hurd
    3. J Charles Ferrari
    4. Christian K. Lassen II
    4 lawyer answers

    The tort would be assault. Can she sue? Yes, and probably win. Can he sue? Yes and probably lose.

    7 lawyers agreed with this answer

  4. My dautghter was involved in a car accident with a drunk driver and now we have to pay the total hospital bill.

    Answered about 3 years ago.

    1. Steven Adam Sigmond
    2. Stephen Laurence Hoffman
    3. Derek Michael Smith
    4. Marc Sean Hurd
    5. Michael S. Matek
    6. ···
    8 lawyer answers

    Get a personal injury attorney on your case immediately. Don't listen to the other party's insurance company. Don't sign anything without talking to an attorney first. You need to talk ato a few and hire the one you like the best. As soon as possible.

    8 lawyers agreed with this answer

  5. Court Date with Public defender

    Answered about 3 years ago.

    1. Derek Michael Smith
    2. David Jon Pullman
    3. Tai Christopher Bogan
    4. Samuel Eugene Spital
    5. John Leif Fossum
    5 lawyer answers

    Yes, that is a possibility. Unfortunately the Public Defense system is overworked and under funded. That said, you will get an opportunity to speak with your attorney before you accept any offer from the prosecutor. It may not be on the time frame you are seeking, but that is what you have to deal with when the State and not you are paying for your attorney. Time and access are probably two of the most important things that a public defender doesn't have that a private attorney provides....

    8 lawyers agreed with this answer

  6. Deffered vs neg 1

    Answered almost 3 years ago.

    1. Derek Michael Smith
    2. Joseph A Campagna
    3. Sean D Mckee
    4. Michael J Palumbo
    5. Jon Martin Pettis
    5 lawyer answers

    Between the three options, I would advise most clients to go for the minor DUI. It has the same penalties as a neg 1, is not a serious traffic offense (its a misdemeanor punishable by 90 days and $1000 fine), and unlike Neg 1, doesn't count as a prior offense; but your attorney may have good reasons for the Neg 1. You only have one deferred in your life in Washington, you will have to be on a ignition interlock restricted license for a year (unlike the 90 day suspension period if you go that...

    6 lawyers agreed with this answer

  7. How do you fire a attorney

    Answered about 3 years ago.

    1. Derek Michael Smith
    2. Jennifer Vickers Freeman
    3. Barry Franklin Poulson
    4. Jeffrey Bruce Gold
    4 lawyer answers

    You can tell your attorney that you want to fire him or her. You can tell the court that you want to fire your attorney. You will have to give reasons, and his or her wanting you to take a plea offer is not going to be good enough because it's their job to give you advice and if they think that's a good option for you, they have to tell you that. If you want to go to trial and don't have confidence in your attorney's ability to try the case, tell the court and your attorney that and give...

    6 lawyers agreed with this answer

  8. Criminal: 911 recordings...

    Answered about 3 years ago.

    1. Derek Michael Smith
    2. Jennifer Vickers Freeman
    3. Holli Giffin
    3 lawyer answers

    911 calls can range from vital evidence to worthless. How important they are depends on a lot of things. Your attorney would be in the best position here to advise you on its value or lack thereof.

    6 lawyers agreed with this answer

  9. Can I legally own a fully automatic machine gun in wa state?

    Answered about 3 years ago.

    1. Derek Michael Smith
    2. Shawn B Alexander
    2 lawyer answers

    No. Only machine guns owned prior to their ban in 1994 are lawful to possess in Washington

    6 lawyers agreed with this answer

  10. What is the penalty for falsely presenting yourself as an attorney in Washington State?

    Answered about 3 years ago.

    1. Derek Michael Smith
    2. Frances Turean
    3. Jorge Luis Rodriguez
    3 lawyer answers

    If you are asking is it a crime to say to someone you are an attorney when you are not? The short answer is, maybe. It will depend on the facts, what she has said and done and how it has affected you. You should do three things immediately: 1) contact an attorney to assist you in getting an anti-harassment order against this person, 2) contact the police about this situation, and 3) contact the Washington State Bar Association about her and what she is doing.

    6 lawyers agreed with this answer