Skip to main content
Derek Michael Smith

Derek Smith’s Answers

960 total


  • Will shoplifting show up on a background check?

    I was caught shoplifting in Bellingham for only $15. I was banned from the store for a year and was issued a $250 fine from PPC restitution in spokane, which I paid. WIll this go on a background check or criminal record, and if so, how long will i...

    Derek’s Answer

    Unless you were charged with a crime, and it sounds like you were civilly assessed restitution, this offense will no appear on a criminal background check.

    See question 
  • Can i send an e-mail to my boyfriend he is in king county jail. Is it safe?

    He is in jail under the charges of threat killing and FEL HARASS DV. I m in India so can I send him an email on king county email address or can i write open letter for him and post on king county site?

    Derek’s Answer

    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 inmates and jail staff, so communicating about his case is NOT a good thing.

    I hope this answers your question.

    See question 
  • Can i have a attorney appear for me on a mistameanor charge that is in warrant for fta

    Will Washington extradite? From OR?

    Derek’s Answer

    It is unlikely that you would be extradited from Oregon to Washington for a misdemeanor warrant. As to having an attorney appear for you, it depends on what you are trying to do whether that would be possible. Some courts will allow attorney to appear and quash warrants and set up show cause dates to appear. Other won't. Your best bet is to call an attorney in the city/county where the warrant issued to see what the local practice is.

    See question 
  • What kind of time am I looking at for residential burg. And theft of a fire arm in washington

    I have 3 felony forgeries, 1 burglary in idaho and a possesion felony in washington already

    Derek’s Answer

    You can calculate your time by taking the more serious of the offenses, in this case Theft of a firearm (a cat 6 offense, res burg is cat 4) and determining the number of points based on non-washed out felonies, including out of state cases that are felonies in this state. Then you can check the grid located at RCW 9.94A.510 and find out the range for yourself.

    See question 
  • Rape. what happens if victim the country? can she leave? see a different lawyer or wait?

    An eight year old girl is accusing a man of rape .This girl's mom is on the accused man's side because she knows her daughter is lying, could this affect her as well? the girl was tested and nothing was found no signs of rape. his DNA was found in...

    Derek’s Answer

    If a person does not have confidence in his or her attorney then she or he should seriously think about getting a new attorney.

    See question 
  • Looking for the right attorney prove my innocence

    Currenly Being Charged with a Felony where There is very little or no evidence against me i recently paid 10 grand to a lawyer who i feel like he doesnt want to.fight for my freedom any longer i need the best lawyer in tacoma . Preferably one who...

    Derek’s Answer

    You can check out the profiles of attorneys here on Avvo. There are many who meet that description here, me included. You should trust and have confidence in your attorney and if you don't, you should consider interviewing several and see if there is another that is right for you.

    See question 
  • My brother in law has a criminal non traffic in muncipal court in centralia what are the stanards for that

    and what can we expect

    Derek’s Answer

    The standards for what? There is no way to know how to answer your question without more details unfortunately.

    See question 
  • I have one point. I am being charged w 2 counts of VUCSA in WA State. Ive signed 11 continuances. Now, prosecutor says if I dont

    take this deal.... (treatment and 12 months of DOC), that I MUST set my case for trial. Originally, me my live in boyfriend, were EACH charged with 2 counts of VUCSA. But I claimed it all, so that he can get his daughter back. So his case will be...

    Derek’s Answer

    You need to be asking this of your attorney. There is no way that any one of us out here can accurately give you the answer to this. If you don't trust your attorney, get another one ASAP. Without knowing all the facts of your case, there is no way that an attorney can properly advise you.

    See question 
  • How can I drop a dv no contact order that was issued as juvinals?

    I have a dv no contact order against the father of my child cuz I called the cops on him as a juvinal and they put it on ...well 3 years later now he's on his 3rd violation cuz we've been caught together and he's gonna get a year he's in jail righ...

    Derek’s Answer

    To get the no contact lifted you will need to get the original court that issued it, and any other court that also issued a no contact order as well, to lift the order. However, that won't help him. First, it will be very difficult to get the no-contact order lifted with him having a history of violating it. Second, it doesn't change the facts of what happened in the past. Getting the order lifted today does not undo a violation that occurred yesterday. You really need to get him an attorney as soon as possible.

    See question 
  • If a judge removes a no contact order in a criminal case will that remove any CPS orders against me?

    I was charged with abuse of a child. The criminal case was dismissed and the court ordered no contact order was removed. Apparently CPS has a no contact order against me but I never was served anything by them. So if criminal court removed their'...

    Derek’s Answer

    No. CPS has its own process and procedures. You should contact CPS and find out from them what orders have been entered.

    See question