Derek Michael Smith’s Answers

Derek Michael Smith

Tacoma Criminal Defense Attorney.

Contributor Level 16
  1. Criminal: Gag orders, how often in wa st.

    Answered almost 3 years ago.

    1. Derek Michael Smith
    2. Edward Jacob Sternisha
    3. Joshua Pond
    3 lawyer answers

    Indirect contact means that you ask a third party to contact the protected party. For example: you are forbidden to contact A. You call A's mom and ask her to tell A "I love her and I'm sorry." This is a classic example of indirect contact. As to your questiin about blogging and gag orders, This does not sound like a hypothetical question, but a question directed out of a specific court order issued against you. If that's the case, contact an attorney with the specifics of the order and...

    6 lawyers agreed with this answer

  2. "is it possible to prove "fraud upon the court" at a 209a hearing w/ voicemails ro show accuser not in fear when seeking order?"

    Answered almost 3 years ago.

    1. Michael T. Cupoli III
    2. Derek Michael Smith
    3. William T Harrington
    3 lawyer answers

    Get an attorney. This is the time you really want to invest in having someone on your side, defending your interests before the court in an experience, professional manner.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Is it lawful for an officer to come to your home and arrest you after letting you go for driving on a suspended license?

    Answered almost 3 years ago.

    1. Derek Michael Smith
    2. Shannon Marie Smith
    3. Edward Jacob Sternisha
    3 lawyer answers

    I'm not sure your concern. If your mother was stopped for having a light out and had a suspended license, the officer could have arrested her then. He doesn't need to threaten to arrest her the next day, he can arrest her right then. As to whether he can arrest her later for driving while license suspended, the short answer is no, he cannot once he has made the decision to release her. But I'm unclear as to what sort of "deal" he could have made with your mother. On a charge of driving...

    Selected as best answer

  4. My daughter is co-owner of a car, while out of state he stoped paying insurance and got a DUI. Will she be made to pay as well?

    Answered almost 3 years ago.

    1. Derek Michael Smith
    2. James J White
    3. Ted Harvatin
    3 lawyer answers

    It all depends on what the relationshoip between your daughter and the "he" in this question. If she is married to the guy, then yes there will be responsibility unless a legal separation has occurred. If there is a business relationship, then maybe depending on the exact facts of the situation. If there is no other relationship between the two other than she co signed on the car, her responsibility will only be to the car payments she co-signed for. She should consult with an attorney...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Will a person with 7 felonys such as 2 counts of assault 2, 2 counts robbery 1, burglary 1, 2 counts kidnapping 1 ever get out?

    Answered almost 3 years ago.

    1. Derek Michael Smith
    2. Wade Steven Samuelson
    3. Jennifer Vickers Freeman
    3 lawyer answers

    There is no way to answer this question really. A person convicted of any strike offense and determined by the court to have two prior strikes, will be found to be a Persistant Offender and be sentenced for life without parole. Assault 2, Robbery in the First or Second Degrees, and Kidnapping in the First or Second Degrees are all strike offenses, a conviction on any with two prior strike offenses will be life without parole. As to will they ever get out? Its doubtful but the future is not...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered 7 months ago.

    1. Gary Churak
    2. Cynthia Russell Henley
    3. Gene Raymond Beaty
    4. Derek Michael Smith
    5. Julia E. Simmons
    6. ···
    6 lawyer answers

    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.

    7 lawyers agreed with this answer

  7. How much should I expect to pay an attorney for representation on a first DUI? Is it better to pay an hourly or flat fee.

    Answered almost 3 years ago.

    1. Kimberly Keheley Frye
    2. Derek Michael Smith
    3. Rhidian David Watson Orr
    4. Edward Jacob Sternisha
    5. Karl J Geil
    5 lawyer answers

    What a DUI attorney will charge depends on a lot of things, her level of experience, the severity of the case, any travel costs, and a projection about what she believes is likely to happen in the case. There is no real way to answer this, but you should find a few on Avvo and contact them. Most attorneys offer free consultations. Find some that do. Have your daughter ask them about her case and for quotes. Hire the one who she like best in her price range. A good attorney will help...

    7 lawyers agreed with this answer

  8. My child had meth in his system. cps took my child from me. wat kind of charges would i be charge with?

    Answered almost 3 years ago.

    1. John M. Kaman
    2. Andrew Stephen Roberts
    3. Elliot Rahmim Zarabi
    4. Derek Michael Smith
    5. Chris J Feasel
    5 lawyer answers

    There is no way to answer this question on the facts given. If you are required to be doing something by CPS, you should have an attorney on your case who can answer your questions.

    7 lawyers agreed with this answer

  9. What can we do when the prosecutor decides not to file charges?

    Answered over 2 years ago.

    1. Derek Michael Smith
    2. Sean D Mckee
    3. Benjamin J Lieberman
    3 lawyer answers

    If the prosecutor did not give you a reason why they are not filing charges, you can address your concerns to that prosecutor's superior. But if they gave you a reason and there is any validity to that reason, there is probably not a lot that you can do. You can still go the prosecutor's supervisor and talk to them about their decision, but generally once they decide to do something, there's not a lot that you can do about it.

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  10. What options do I have if my alcohol referral for an 8 hour class was denied by my probation officer. Eval done by licensed prof

    Answered 8 months ago.

    1. James J White
    2. Emily Laz
    3. Derek Michael Smith
    4. Billie Renee Morelli
    4 lawyer answers

    You really should ask an attorney for assistance with this, either by hiring one or using the public defender. This is not the sort of thing you want to be doing yourself.

    5 lawyers agreed with this answer