Derek Michael Smith’s Answers

Derek Michael Smith

Tacoma Criminal Defense Attorney.

Contributor Level 16
  1. How do I get my abusive ex's rights dropped to our kids.

    Answered about 3 years ago.

    1. Dave Hawkins
    2. Derek Michael Smith
    3. Kristin Scheel
    3 lawyer answers

    Unfortunately, you are not going to be able to terminate his rights absent an adoption or a termination action by the state. Why can't you move without his and the court's permission? Generally, the court requires that you give notice of your intent to relocate, it does not require that you actually get permission first. Contact a family law attorney and they may be able to assist you or advise you further with your situation. Good luck!

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Driving on license suspended 2nd degree

    Answered over 3 years ago.

    1. James J White
    2. Derek Michael Smith
    3. Lennard Anthony Nahajski
    3 lawyer answers

    Mr. White's advise is very good, but I would say get your attorney first. If you are convicted of DWLS 2, you will have your license suspended again. You need to make sure that you are doing the things you need to do to get your license back, but you also need to make sure that you are doing the things that will show the judge for your court and the prosecutor that you are a good person and deserve your reduction from this serious traffic offense to a lesser offense.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can the da make you testify if you told them no?

    Answered 12 months ago.

    1. Shannon Lee Edwards
    2. Derek Michael Smith
    3. Ryan Shayne Dougay
    4. Stephen Ross Cohen
    5. Robert Jason De Groot
    5 lawyer answers

    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.

    6 lawyers agreed with this answer

  4. Illegal Alien with criminal charges am I going to get deported? What are my options?

    Answered about 3 years ago.

    1. Derek Michael Smith
    2. J Charles Ferrari
    3. Benjamin J Lieberman
    4. Brian Lee Michael Balaguera
    5. James Regan
    6. ···
    7 lawyer answers

    Deportation is not certain, but there is a very high possibility of that. You need to spend some money and get an immigration attorney's advice. There are things that you can do to protect yourself or make your situation better. Only a good immigration attorney will be able to help you with that.

    6 lawyers agreed with this answer

  5. Should I represent myself? How likely is it that I can get my DUI charges overturned or reduced?

    Answered about 3 years ago.

    1. Matthew James Haiduk
    2. Mark K Rosenfeld
    3. Derek Michael Smith
    4. Andrew Stephen Roberts
    5. Tai Christopher Bogan
    5 lawyer answers

    I know that it seems cliche for you to be hearing from attorneys to hire an attorney to represent you on this DUI, but really there is no way for you to do so effectively. If you can't afford one, the State will appoint you a public defender. They are very effective, if extremely overworked and underpaid. They will assist you far more than you representing yourself. You are facing something that will effect the rest of your life, you need someone with the experience to guide you into making...

    6 lawyers agreed with this answer

  6. I was Raped, Do I need a lawyer?

    Answered over 3 years ago.

    1. Callista A. Gloss
    2. Andrew Charles Lapres
    3. Robert West
    4. Derek Michael Smith
    5. James Regan
    5 lawyer answers

    Do you need a lawyer? No. Could it be helpful for you to talk to one. Almost certainly. You should call a few good criminal defense attorneys in your area and get a recommendation about who to talk to and find out about the investigation process in your area. I've very sorry for your situation and I hope that you can get the help you need.

    6 lawyers agreed with this answer

  7. What would be my best way to defend a second DUI ?

    Answered over 3 years ago.

    1. Manny Daskal
    2. Paul Richard Burglin
    3. Chris J Feasel
    4. Derek Michael Smith
    5. James J White
    6. ···
    7 lawyer answers

    Get an attorney on board you case immediately. You are going to be in a very difficult situation and no one is going to be able to advise you without all the facts in your case, which none of us have.

    6 lawyers agreed with this answer

  8. If charges state Assult Inv, and person is released, how long does the prosecutor have to file formal charges?

    Answered almost 3 years ago.

    1. Derek Michael Smith
    2. Teresa Lynn Border
    3. Jeffrey L Kradel
    3 lawyer answers

    The case may be investigated for months before charges, if any, are filed. For most felonies the statute of limitations, the time for which charges, if any, must be filed is three years. If death results, the statute of limitations may be forever. It is very, very important for an attorney to get involved in the defense of the case as soon as possible since witness memories can fade, evidence can be lost, and time for investigation is impared the longer you wait to get an attorney. The...

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  9. In Washington state what is considered a "speedy trail"? In Spokane county?

    Answered over 3 years ago.

    1. Derek Michael Smith
    2. Robert Daniel Kelly
    3. Dennis James Dressler
    3 lawyer answers

    I'm not sure who the "we" is in the case. Your friend needs a good attorney as soon as possible working on his case. His attorney and/or his attorney's investigator will be able to speak to the witnesses about the case. Depending on who the "we" are, you may or may not be able to speak to the witnesses. Its a free country and you can contact who you want, but it can monumentally screw up your friends case if witnesses and victims are being contacted by folks not involved in the defense of...

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  10. Can a DV program contact my spouse without content.

    Answered over 3 years ago.

    1. James J White
    2. Derek Michael Smith
    2 lawyer answers

    That is exactly why they are asking the question, so they can contact your past partners and ask them questions about you and your past behavior (or at least have that information if they want to try to do this).

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