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Derek Michael Smith

Derek Smith’s Answers

960 total


  • If one party does not show up for hearing to make a temporary restraining order permanent, what happens?

    I was granted a temp restraining order in Snohomish County, WA., If the respondent does not attend this hearing, what happens?Id the hearing moved to another date?Or do I have to begin the entire process over again?

    Derek’s Answer

    If you have proof of service on the other party, what will happen is the court will probably just sign the order granting the order of protection.

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

    Person was released today, allegedly stabbed someone in self defense, still being investigated.

    Derek’s Answer

    • Selected as best answer

    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 situation is very, very serious and it is important that an attorney get involved as soon as possible.

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  • Why does the authorities always take the side of the woman in a case where domestic issues are concerned?

    My son's girlfriend attacked him because she got mad for something he said. He had been petitioning her to take child support out on her first child's father. My son has been taking care of her. The girlfriend has been reluctant to do so. My son m...

    Derek’s Answer

    You should get your son an attorney as soon as possible. Right now, your son's girlfriend has an attorney, the prosecutor, who is prosecuting him. He needs to get an advocate on his side, working on his case ASAP.

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  • What can I do to drop charges against my boyfriend that I did not file?

    In May, my boyfriend and I got into an argument at his apartment complex. He picked me up and sat me on the couch which gave red marks on my arms. We had already made up after that, but someone made a noise complaint. The police said they had to m...

    Derek’s Answer

    First thing, stop having contact with him. Second thing, get him an attorney. Just to be clear, the no contact order prohibits HIM from having contact with YOU not vice versa. You can have all the contact you want, it just will put him jail for a long, long time. So that ends until the NCO is lifted. Lastly, there is not a whole lot you can do to get the charges lifted. The State controls how the prosecution will be handled, not you. At this point, if you want to help him I would advise you to contact his defense attorney (or get him one ASAP) and listen to her/his advice about what to do. While telling the court you are eight weeks pregnant with his child may sound to you like a good reason to lift the order, the State and the Court will see that this man flagrantly violated a specific court order to have contact with you. Get the advice of an attorney as soon as possible.

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  • What kind of Expert Witness would be appropriate for effects on Minor Child who witnessed an act of Domestic Violence assault?

    My 5 year old daughter witnessed the other parent assaulting me. She screamed after each blow and cried. Now we have a final divorce trial coming and I want an expert witness to testify of the effects that the domestic violence has on children. ...

    Derek’s Answer

    You should discuss the issue with your child's treatment provider. They would be in the best position to recommend someone.

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  • I recently witnessed a violent domestic dispute between two strangers. I have now been been issued with a subpoena .

    I had requested to remain anonymous when i called into 911. I fear for my safety to testify against this person. Do I have the right to remain silent if the information I provide does not implicate me in a crime?

    Derek’s Answer

    You have the right to remain silent if you are going to possibly implicate yourself in a crime. You do not have the right to not testify just because you are afraid. You should talk to the prosecutor's office if you have true fears about the situation.

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  • Can I expect jail time with a second DUI, and can I get a restricted license sooner than the normal 1-year suspension?

    Can I expect jail time with a second DUI and is there a way to get a restricted license sooner than the normal 1 year suspension? Can you go to jail for your second DUI? I was arrested by CHP a few days ago around 9:30pm for my second DUI offen...

    Derek’s Answer

    If you are convicted of the second DUI, jail time is mandatory. You should contact an attorney as soon as possible to help you with your situation to avoid that if it possible.

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  • If no response or no show from spouse in court what can I expect to happen in a divorce case?

    Can someone ignore paperwork even after the police served it to them and just not show to court further preventing the divorce or legal separation from happening?

    Derek’s Answer

    In Washington, if you have received notice of a civil proceeding and fail to appear, the other party can proceed without you. So, for you, if you have served your spouse and he or she does not appear, the proceeds will occur without them.

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  • What are my options for first time misdemeanor charge of DUI?

    I want to know the difference to pleading guilty or trying deferred.

    Derek’s Answer

    Doing either without consulting with an attorney is not advisable. You have plenty of options to address before going to the plea of guilty or a deferred prosecution. An attorney will be able to assist you in advising you about those options.

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  • Can a WA court require a UA during the 5th year of a deferred prosecution?

    Case is in Kent, WA and a deferred prosecution for 2nd DUI. I am in my 5th year and only have 3 mos until I am finished. I have a review hearing coming up due to getting a insurance ticket (do have proof of ins). I have used oxycodone my mother ga...

    Derek’s Answer

    The court can order a UA. Generally they don't unless there is some reason to, and generally they leave it up to their probation department to make those determinations. As to what will happen if you have a UA, that is not so clear. Will the oxy be detected. Probably, but maybe not. What will the prosecution recommend about the oxy if detected? There is no know. What will the court do with the prosecutor's recommendation? Again there is no way to know. Your best bet is to contact an attorney and ask them to help you at the review. That way you will have the best advice possible right as things may be happening.

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