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Derek Michael Smith

Derek Smith’s Answers

960 total


  • What options do I have if my alcohol referral for an 8 hour class was denied by my probation officer. Eval done by licensed prof

    I have no priors and have complied with all court requirements. I have not failed a single UA in 110 days. I rarely drink but did drink heavily on the night of my arrest. I was in an abusive relationship and drank at times to drown out the abuse. ...

    Derek’s Answer

    You really should ask an attorney for assistance with this, either by hiring one or using the public defender. This is not the sort of thing you want to be doing yourself.

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  • If the United States Attorney asks for an indictment of 5 grams can the grand jury return a charge of 50 grams?

    I am helping my son with a 2255 motion and we just received the States response. He was charged with conspiracy to distribute actual meth. In the indictment the State charged him with 5 grams but the grand jury came back and charged him with 50 gr...

    Derek’s Answer

    Your best bet on dealing with this situation is to bring your situation into an attorney that handles this type of work and asking them to assist you. As you can see from some of the previous answers, its hard to answer this question with the information given.

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  • 19 being charged with 2 counts of Theft 1 and trafficking 2.. no prior record whats gonna happen?

    they recovred 80% of the stuff i stole by the way i am on diversion so with these new possible charges they are trying to revoke my diversion for a old theft 3 from 2012 what is my possible sentence gonna be am i probation eleiglbe? also it was a...

    Derek’s Answer

    Unfortunately there is no way of knowing exactly what will happen. You are definitely in serious trouble and you should try to talk to your attorney ASAP. Your possible sentence depends on what you are convicted of (which is very often different than what you are charged with) and your prior criminal felony history.

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  • How do I get the stuff from my house and my car if my spouse has a restraining order against me? Do I have to wait until court?

    Restraining order specifying I can not go in my home

    Derek’s Answer

    You should talk to your attorney about getting a civil standby to allow you to get your things from the home.

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  • Hi I was wondering I am 42 and I got caught shoplifting. 1st time offense how does it show up on your record.

    This happen at kohls 65 dollars and it was my first offense .

    Derek’s Answer

    While you may have been caught shoplifting, the can may or may not have been referred for criminal charges. You should contact an attorney in your area and see what the process for shoplifting charge are there.

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  • Can he get prosecuted just from Lies?

    This Creep called the Police awhile after my boyfriend got into an argument with him. He had lied to them saying that my boyfriend had pulled a Gun on him with him holding his 10 month old granddaughter in his arms an his 24 year daughter on the...

    Derek’s Answer

    It happens all the time. Its unfortunate that your boyfriend is in that situation, but you need to accept the reality that he is in a VERY serious situation. Consult with an attorney immediately.

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  • Do I need a lawyer for defending myself in domestic abuse situation?

    My husband hit me on the jaw in a parking lot. I had my keys in my hand at the time and threw them at him. I then called police. We both got misdemeanor summons for domestic abuse and were released.He was bleeding on his chin. Seems to me I was de...

    Derek’s Answer

    It all depends, are you the kind of person that likes to fly their own airplane, remove their own gallbladder, pull their own teeth, or draft their own contacts from the sale of buildings? If so, you might be capable of defending yourself in this situation. Then again, if you feel a hesitancy about reciting the rules of evidence, don't feel like you can negotiate your case when all you have to lose is your clean criminal record, your chance at future employment, and spending time in jail, an attorney is a good bet.

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  • Longer imprisonment due to inconsistency of court forms

    Last year, my father went to a municipal court to face his charges. He was told by the judge that he would serve only 1 year of jail time. This was consistent with what was marked on the court form--he was to serve his time (95, 365, 365) concurre...

    Derek’s Answer

    You need to contact his attorney ASAP and have this corrected. More specifically, you need to make sure your father does that as soon as possible since he is the client that is being affected.

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  • How do i get the judge to deny his order for protection?

    Back story, he filed a false police report that i pinched him- i honestly did not pinch him, he actually man handled me- anyway he lied i went to jail, they pr'd me, issued and automatc no contact order- im confident the case will be dismissed, an...

    Derek’s Answer

    You should get an attorney to assist you. In these situations, you may have a great story, but if you can't properly get the story before the court (for a variety of reasons: you are scared of public speaking, fluster easily when the other party pushes your buttons, don't understand the rules of evidence, etc.) then you will probably lose. An attorney will have the experience to deal with or be unaffected by these considerations and will be far more effective than you would be alone. If you can't afford an attorney, you should see about contacting a domestic violence center in your area that may be able to assist you. Good luck!

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  • I applied for a job. And after 16yrs. A domestic violent charge was put on my record.how can I have this taken off my record.

    The person I was involved with one of windshield wipers was broken.it was a really bad relationship I was in. I've been out of this relationship for 10yrs. And after 16yrs. A domestic charge shows up on my record. l'm not a violent person. I just ...

    Derek’s Answer

    Depending on the situation, you may be able to get the charge vacated or expunged. Contact an attorney in the city where this occurred an ask their advise on your situation.

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