CRIMINAL & JUVENILE
Our Law Firm represents those citizens that are accused of Misdemeanor and Felony Offenses. Free Consultation for Criminal and Juvenile only and not other practice areas. Derick Smith is a current Director and was the 2010 President of the Fort Bend County Criminal Defense Lawyers Association and is a member of the Texas Criminal Defense Lawyers Association. Mr. Smith has been an author and lecturer at Continuting Legal Education courses for both organizations.
Felony and Misdemeanors
No matter what you are charged with you are presumed innocent until proven guilty or you accept a plea bargain. You always have a right to remain silent. You also have an attorney-client privilege that does not allow your attorney to discuss aspects of your case with anyone if they so instruct their attorney. Derick Smith has fought consistently to get favorable results for all of his clients. If the State does not agree to dismiss your case, and you do not want to go to trial, Derick Smith will fight to get your case reduced to a lower class offense or to a lesser different charge. While no attorney can guarantee results, Derick Smith will work hard to put your case in the most favorable light as possible. Derick Smith studies the law tirelessly and spends time each month researching the latest cases, legal treatises, and or scientific literature in criminal cases to prepare for cases. You should be shocked to learn that many attorneys do not work on cases that are not set for trial unless they are in court. We always strive to come to court as prepared as possible. If we need to reset your case prior to a trial setting it probably means we have more work to do in association to the work we have already done. Derick Smith's experience as a private investigator enhances his ability to find facts and information to help his client's case. Just as was stated on the first page of this web site - We always strive to provide you excellent service. Call us today for a free consultation to learn how we can help you at (281) 579-8099. PAYMENT PLANS ARE AVAILABLE and we accept all major credit cards.
JUVENILE CASES - Everything mentioned in the paragraph above applies to Juvenile Cases. However, Juveniles are not entitled to a bond. They are entitled to a detention hearing soon after they are detained. If you do not have an attorney to represent your child, the only person to represent your child at the first detention hearing can only be a parent. This makes hiring an attorney right away very important. If your child loses the initial detention hearing and is further detained, they are not entitled to another hearing for 2 weeks. While a child is referred to as a Respondent and not Defendant, the Criminal Penal Code still applies to them. The Family Code sets out how a child may be placed on probation, placed outstide the home, or sentenced to the Texas Youth Commission. Call us today for a free consultation to learn how we can help you at (281) 579-8099. PAYMENT PLANS ARE AVAILABLE and we accept all major credit cards.
DRIVING WHILE INTOXICATED (DWI)
DWI CASES - YOU ONLY HAVE 15 DAYS FROM THE DATE OF OFFENSE TO SAVE YOUR LICENSE BY REQUESTING A HEARING
<<CONTACT US TODAY TO FIGHT TO SAVE YOUR LICENSE AT (281) 579-8099>>
Just because you have been arrested for DWI DUI and refused the DWI breath test or failed the DWI breath test DOES NOT mean you are going to automatically lose your license.
When arrested, you should have been given a form titled NOTICE OF SUSPENSION / TEMPORARY DRIVING PERMIT. This is your driver's license for now and you are legal to drive while carrying that piece of paper. In order to have a chance to save your license though, WE MUST GIVE NOTICE TO DPS THAT WE WANT TO FIGHT THE SUSPENSION WITHIN 15 DAYS OF THE ARREST If we do not notify DPS, your license will be suspended on the 41st day after your arrest.
Serious traffic-related offenses such as Driving While Intoxicated or under the influence of alcohol or drugs, driving while suspended, leaving the scene of an accident, attempting to elude police, and reckless driving can result in significant fines and other criminal penalties, loss of operator's privileges, insurance-related costs, and employment-related consequences. You should seek the advice of an experienced attorney. Derick Smith has represented many citizens accused of a variety of these types of offenses. Some of these offenses have surcharges after the offense that left unpaid will suspend drivers license privilege. Even more reason to have an experienced attorney representing you. Derick Smith is a member of of the State Bar College that requires members to take at least twice the amount of continuing legal education as other attorneys. Derick Smith has received training in how officers perform DWI field sobriety tests, how to cross examine those officers, how to present winning evidence in trial, how to cross examine expert witnesses and when to use expert witnesses in certain cases. Derick Smith spends time each month researching the latest cases, legal treatises, scientific literature, and or articles on the subject of Driving While Intoxicated defense allowing him to be on the cutting edge of DWI defense at all times. Call and make an appointment today with Derick Smith to learn how our office can help you at (281) 579-8099.
Speeding, Stop Sign/Stoplight Violations, and other Infractions
Even relatively minor traffic offenses can lead to increased insurance costs, suspension of one's operating privileges, and employment-related consequences due to the accumulation of demerit points. Persons charged with any sort of moving violation should learn more about the laws and Rules and requirements of Texas Department of Public Safety and consult an attorney before prepaying or otherwise pleading guilty to such an offense. Those with a commercial license should be particularly careful in Texas and hire an attorney if they receive any traffic ticket in their commercial or private vehicle.
Criminal Record Expunction, Sealing and Non-Disclosure
Expunction - There are certain circumstances that allow your record to be expunged, meaning all traces in public and private records must be destroyed. Also, you can forever deny that the incident ever occurred. This is generally limited to instances where someone has been found not guilty at trial, a case has been dismissed, or certain cases involving a Class C Misdemeanor. If you think you may qualify for Expunction of your criminal record, call us today for a free consultation at (281) 579-8099 to discuss your options.
Sealing Juvenile Records is the term used for what can be done with Juvenile cases to further protect a child's criminal history. After a child has completed their probation or disposition, you can petition the Court to seal that child's record. Upon having the petition granted the child can legally deny that the incident ever occurred and, about the only time the record could be revealed is if the child committed another offense where the juvenile prior history is used to enhance the newer offense. If you think you or your child may qualify for sealing their juvenile record, call us today for a free consultation at (281) 579-8099 to discuss your options.
A Petition for Non-Disclosure is limited to misdemeanors and felonies in adult cases where the Court granted Deferred Adjudication for an offense. Upon the successful completion of a Misdemeanor Deferred Adjudication without committing another offense most misdemeanors can be qualify to Petition the Court for Non-Disclosure. The granting of an Order for Non-Disclosure is in the Judge's discretion. Not all misdemeanors and felonies are eligible. Felonies have a longer waiting period. If you think you may qualify for non-disclosure, call us today for a free consultation at (281) 579-8099 to discuss your options.