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Derek G Gay

Criminal defense Attorney at Rehoboth Beach, DE

4.7   13 reviews
  • Licensed for 8 years
    State DE
    Acquired 2015
    Active No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Derek

Learn Derek’s areas of practice.

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.

Upon obtaining his Juris Doctorate, Derek began practice as an associate with the law firm of Stumpf, Vickers and Sandy P.A where he interned thoughout 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 counties’ biggest drug offenders. Derek has extensive trial experience in a multitude of Courts including 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 The Smith Firm Derek will be practicing in a wide array of legal matters.


The Smith Firm, LLC
323D Rehoboth Avenue
Rehoboth Beach, DE, 19971


4.7 / 5.0
  13 customer reviews
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1 Star
Posted by anonymous | September 28, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Derek Gay
Mr. Gay represented my two teenagers in a traffic case. His customer service was exceptional. Mr. Gay gave good sound advice which led to the best possible outcome. I would recommend Mr. Gay to anyone who needed an attorney.
Posted by USAF Military serviceman | August 18, 2023
This review is from a person who hired this attorney.
| Hired Attorney
The lawyer with the biggest toolbox
I retained Mr. Gay for a PFA response after an old ex spouse resurfaced with some old allegations which spanned over a decade and multiple countries. Initially the evidence that she presented was significant but Mr. Gay was very quick to spot all of the inconsistencies and lies which showed her true motive. After multiple attempts to have the PFA dropped prior to the hearing we knew we were facing a tough fight since my ex only had to show preponderance of evidence for her PFA. My ex had free counsel representing her and the judge was showing clear bias against us. However each step of the way Mr. Gay was able to argue case law and rule of evidence to prevent my ex from submitting very narrow portions of our conversations which made her look good and me bad. Within the first 30 minutes he used several tactics to derail my accuser and her lawyer which ultimately led to them agreeing to drop the PFA. This all happened before Mr. Gay was able to present his argument. The fact that he was able to get my ex to drop the PFA before he even had his turn to argue is testament to his ability to control the case and obtain a favorable outcome. He has always been very transparent with me and provided me realistic outcomes but never gave up or conceded. Communication with him and his firm has been excellent and I felt that he was adequately prepared to defend me. He has 5 years experience as a prosecutor and now as a defense attorney he is well prepared to defend you. I highly recommend Mr. Gay for a consultation at the least.
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Posted by anonymous | April 28, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Speeding ticket for a Minor
My 17 year old son received a speeding ticket while visiting Bethany Beach from Baltimore. In DE minors are summoned to appear in court if they receive a speeding ticket. We hired Derek in hopes of not having to travel back to DE and to avoid costly points on his license which would bring increased auto insurance premiums. Derek successfully negotiated a plea with the police department which ended in my son having to take a 4 hour defensive driving course but avoiding a return trip, points, and fines. He learned his lesson and we saved money in the end. Derek was very responsive and easy to deal with while also being effective.
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Posted by Gabriel | January 10, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Traffic violations
Derek Gay was straight to the deal when it came to my case and charges. He is very realistic and straightforward as well as professional. He handled multiple serious charges on my accounts and resolved them with a terrific outcome. I would highly suggest consulting with Mr. Gay for representation on your behalf with cases brought to court.
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Posted by Robert | December 9, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Very Pleased!!
Derek is one of the best attorneys I've ever worked with. From our first meeting, he explained everything to me in terms I could easily understand and was always prompt and responsive when I had questions inside or outside of our meetings. Meeting Derek, I could see clearly, this was the right guy, who Genuinely wants to help resolve the problem. He is the right choice in representing my interests to resolve the issues which required proper, professional, and, prompt representation. So if you're still finding yourself looking for the right attorney, Derek is certainly a good find! His services are exemplary!
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Posted by Travis | November 18, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Strongly Recommend
Derek did an amazing job. He did a great job of keeping me informed throughout the whole ordeal. I was very pleased with the outcome and would not hesitate to recommend him to anyone that finds themselves in need of an attorney.
Posted by C. W | November 15, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Traffic ticket
Mr Gay was very knowledgeable of my situation. He was able to get my case dropped without me a searing in court since I lived in Richmond, VA. I really appreciate the level of respect and communication. Will definitely use him again if needed!
Posted by Michelle | November 10, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Exceptional lawyer
Derek represented my son in Alderman’s court (very small town court) the judge nor the police officer were prepared for him. Derek pretty much left the police officer speechless. If we didn’t hire Derek my son would have had to plead guilty for his traffic violation and would have lost his job because he isn’t allowed to have points on his license. I would highly recommend Derek. He stayed in communication and responsibly priced.
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Posted by Luciana Delfino | October 31, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Knowledge is power!
Derek is an amazing lawyer. Has helped me taking care of my tickets and other law needs. Always very attentive, nice, and my case turned out better than I could’ve hoped for! Give him a chance and you’ll be a lifetime member with him. Great personality and professional ethics. Thanks Derek!
Posted by Lucas | October 22, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Saved Me
I am in the midst of a nasty custody battle, where my ex-wife attempted to withhold my children from me by filing a baseless PFA. I retained Mr. Gay, and within three days, that baseless PFA was dismissed, and I am now back on track for 50/50 custody with my children. Gave us the best deal of any attorney in the area. Super professional, and stand up attorney for who he represents.
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Posted by Rupi | June 23, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Attorney to represent me for PFA case
Mr Gay, is a very professional, well articulated attorney and represented me better than I could have imagined. He was so through and he gave me the needed confidence to stay positive and focused. He exactly knew how I was feeling and thinking and was well prepared for my case. His closing statement was outstanding and hands down I'll recommend him with five stars.
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Posted by Matt | March 21, 2022
This review is from a person who hired this attorney.
| Hired Attorney
A Young, Professional On His Way To The Top
I met Derek through another attorney who had recommended his services for my "handful " of traffic tickets. After our first meeting, I could tell that despite being new to the defense "side of the things", he was very competent and knowledgeable of the prosecutions practices and goals behind various types of cases. Within 4 days of signing the retainer, Derek had negotiated a great plea agreement for me and turned about 14 separate tickets (from 3 separate incidents) into only 2 traffic offenses and about $100 in fines. Needless to say, paying for Derek's legal services was money well spent and I'd certainly recommend him to anyone seeking a brilliant, young, professional defense attorney.
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Posted by DJ Nan | October 22, 2022
This review is from a person who hired this attorney.
| 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 seriously and he hasn’t looked at any of the documents I sent to him. Do not use the sky stay far far away from home is only in it for the money.
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AVVO RATING 6.4 (Good)


  • Delaware Law School
  • JD - Juris Doctor
  • 2015
  • University of Delaware
  • Other - Bachelors
  • 2012
  • Cape Henlopen High School
  • GED
  • 2008


  • Terry-Carey American Inn of Court
  • Member
  • 2016 - Present

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Derek G Gay
Criminal defense Attorney
Rehoboth Beach, DE
Licensed for 8 years