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About Derek
Biography
Practice Areas- Criminal Defense and Petitions for Protection from Abuse in Family Court
Derek is a Sussex County Native who was born and raised in Lewes, Delaware. Derek graduated from Cape Henlopen High School in 2008, University of Delaware in 2012 and Delaware Law School in 2015.
After passing the Delaware Bar Exam, Derek began practice as an associate with the law firm of Stumpf, Vickers and Sandy P.A where he interned throughout the entirety of law school. While working for Stumpf, Vickers and Sandy Derek practiced in both the areas of criminal and family law.
In October of 2016, Derek took a position with the Department of Justice as a Deputy Attorney General for the State of Delaware where he prosecuted everything from traffic tickets to homicides. While serving as a Deputy Attorney General Derek also led the Drug Unit in prosecuting the county’s biggest drug offenders.
In March of 2022 Derek transitioned back into private practice and took a position with The Smith Firm, LLC where he practiced in the areas of Criminal Defense, Family Law, Real Estate Law and Personal Injury. In January of 2024 Derek accepted an offer to join the law firm of Gonser and Gonser P.A where he primarily practices out of their Georgetown office.
Derek has extensive trial experience in a multitude of Courts including Justice of the Peace Court, Alderman’s Court, Family Court, the Court of Common Pleas and Superior Court. As someone who has prosecuted cases, Derek is uniquely positioned to offer perspective on how cases are investigated and built as well as how to get the best resolution for his client. With Gonser and Gonser Derek primarily practices in the area of Criminal Defense and Petitions for Protection from Abuse. His work on Petition’s for Protection from Abuse recently earned him a nomination from Coastal Magazine as the top Family/Divorce attorney in Sussex County. Delaware Today magazine named Derek one of 2024’s top Lawyers. The National Trial Lawyers named Derek as one of the Top 40 Under 40 Criminal Defense Lawyers in Delaware.
Practice Areas
14
Practice Areas
Criminal Defense
30%
DUI and DWI
13%
Estate Planning
10%
Family
10%
Fees and Rates
Awards
2022
Licenses
Licensed in Delaware for 10 years
State: Delaware
Acquired: 2015
No misconduct found
Location
Derek G Gay's Reviews
Avvo Review Score
22 Client Reviews
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Showing 21 - 22 of 22 reviews
Posted by Jason Alcorn | June 04, 2026 | Hired Attorney
Please Use Caution
Derek Gay is nowhere near worth four-hundred dollars an hour. He struggled to defend me against my ex who has never been to law school in his life. After hiring Mr. Gay, he informed me that the judge disliked him, at this point he should probably have referred me to another lawyer but instead convinc...
Posted by DJ Nan | October 22, 2022 | Hired Attorney
Only in it for the money
This guy took my case, but he wouldn’t represent me until my brothers check cleared. Then he did nothing and left me in prison for an extra day. The judge ultimately to care of me. I didn’t need him to represent me, and now he isn’t even regarding my case. I had to fire him because he hasn’t taken se...
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Experience
Associations
2016 - Present
Terry-Carey American Inn of CourtMember
Education
2015
Delaware Law School
JD - Juris Doctor
2012
University of Delaware
Other - Bachelors
2008
Cape Henlopen High School
GED