Derek Michael Smith’s Answers

Derek Michael Smith

Tacoma Criminal Defense Attorney.

Contributor Level 16
  1. Can i send an e-mail to my boyfriend he is in king county jail. Is it safe?

    Answered 3 months ago.

    1. Derek Michael Smith
    2. Matthew Robert White
    3. John M. Kaman
    4. John M. Tymczyszyn
    4 lawyer answers

    You are asking, I think, "Is it safe to send an email or a letter electronically to the King County Jail." Unfortunately, such a service does not exist in King County for inmates. King County Jail inmates can only get emails if they are printed out and delivered like mail. As to whether it is "safe" to do so, that depends. If you are not writing anything about the case and you don't fear him, it's fine to send inmates mail. Just know that everything you send will probably be read by other...

    4 lawyers agreed with this answer

  2. Can you drive into canada????

    Answered over 2 years ago.

    1. Derek Michael Smith
    2. Kimberly Keheley Frye
    3. Ted Harvatin
    3 lawyer answers

    Maybe. Canada is very strict about the issue. It depends on the charge. You should strongly consider discussing the issue before you attempt to cross the border.

    4 lawyers agreed with this answer

  3. MY SON WAS JUST ARRESTED BY THE US MARSHALLS HE JUST TURNED 18 LAST OCTOBER AND HAS NEVER BEEN IN TROUBLE IN HIS LIFE! WHAT CAN

    Answered over 2 years ago.

    1. Derek Michael Smith
    2. Jeffrey Bruce Gold
    3. Barry Franklin Poulson
    3 lawyer answers

    I am very sorry for your situation. Its almost impossible to know what to tell you other than you need to talk to an attorney in your area with exerience if federal offenses as soon as possible so that he or she will be able to help your son. There are a lot of things that can be going on, that range from bad to really, really bad. Attorneys experienced in Federal cases are going to be expensive, but your son is almost certainly in lots of trouble. Dealing with the Feds is much worse than...

    4 lawyers agreed with this answer

  4. I got arrested for fourth degree assult WA should i get a lawyer?

    Answered over 2 years ago.

    1. Derek Michael Smith
    2. Holli Giffin
    3. John Matthew Leace
    4. Steven Anderson Leahy
    4 lawyer answers

    The State is always the entity that presses charges in Washington, the victim has nothing to do with the filing decision. It sounds like you are being charged with a crime. If that's the case, the State is prepared to take the case to trial. Without an attorney you would either need to try the case yourself or negotiate a plea for yourself. Neither of these two things are advisable. You should contact a few highly rated criminal defense attorneys in your area about your case, see if you...

    4 lawyers agreed with this answer

  5. Can client secretly tape record his atty. at meetings & use such as evidence to prove the atty. lied about representation?

    Answered over 2 years ago.

    1. Scott John Terry
    2. Derek Michael Smith
    3. Shane M Silverthorn
    3 lawyer answers

    The answer is probably no. RCW 9.73.030 makes recording of a private communication a misdemeanor. The answer to whether the tapes could be used as evidence would depend on who is using them (the Bar, you, the prosecutor) and whether the communication you had with your attorney would be considered private. There is no case law on how this issue would be addressed by the court. If you are interested in addressing the issue, you should do so with the Bar, and they can address your concerns...

    4 lawyers agreed with this answer

  6. Can you get an "soc" if being charged with 4th dui

    Answered over 2 years ago.

    1. Michael F. Morgan
    2. James J White
    3. Derek Michael Smith
    3 lawyer answers

    Anything is possible, but it all depends on your facts, your attorney, your venue (what court you are in), your attorney, the prosecutor, and your attorney. Get a good one ASAP.

    4 lawyers agreed with this answer

  7. No contact order?

    Answered over 2 years ago.

    1. Dave Hawkins
    2. Derek Michael Smith
    3. James J White
    3 lawyer answers

    You don't ask a question here.

    4 lawyers agreed with this answer

  8. How long does the DA have to issue a citation

    Answered over 2 years ago.

    1. Lennard Anthony Nahajski
    2. Derek Michael Smith
    3. James J White
    4. Scott Weymouth Lawrence
    4 lawyer answers

    Depending on the jurisdiction you were stopped in, the prosecution can take months, in King County its running something over six months, before charges are filed. There will be no notification if they don't file charges. You can contact an attorney and they may be able to help you with the situation and see if charges are going to be filed.

    4 lawyers agreed with this answer

  9. 21 yr old male accused of rape 2 are records &discovery public?

    Answered over 2 years ago.

    1. Derek Michael Smith
    2. Jennifer Vickers Freeman
    3. James J White
    3 lawyer answers

    You need to get an attorney on your case immediately. You need to discuss these facts with someone knowledge about the defense of sexual assault cases and familiar with the best ways to help someone in you situation. There is no real way that this question can be answered on this forum without knowing all the facts in your case, but there is no way that you or anyone should be posting the facts about this case in a public forum like this. Get an attorney and consult with them as soon as...

    4 lawyers agreed with this answer

  10. NO SPEEDY TRIALS IN WASHINGTON STATE?

    Answered over 2 years ago.

    1. Erik P. Kaeding
    2. Adrian Martinez Madrone
    3. James J White
    4. Derek Michael Smith
    5. Scott Weymouth Lawrence
    6. ···
    6 lawyer answers

    Unfortunately, speedy trial became something of a non issue in 2003 when a fairly dramatic change in the speedy trial rules went into effect. Basically there is no real way of answering your question based on the facts as you present them. There are a few reasons for this. Speedy trial can be reset or tolled depending on a number of questions: who requested the continuance, for what reason was the continuance granted, was the trial date adjusted at any time? All these questions can modify...

    4 lawyers agreed with this answer

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