Episodes

  • David Smith Law Firm YouTube Channel

    David Smith Law Firm YouTube Channel
    Dec 1 2023
    Embarking on a New Journey: Welcome to the David Smith Law Firm’s YouTube Channel!

    Today, we’re excited to announce a new way for you to connect with the David Smith Law Firm, PLLC, our official YouTube Channel! Known for our dedication, professionalism, and criminal law expertise, we’re taking a step further to share our knowledge and insights with you in a new, interactive format. As we broaden our horizons to the world of video content, we invite you to join us on this exciting journey.

    We are thrilled to welcome you to the David Smith Law Firm’s YouTube Channel, a space curated to enlighten, guide, and engage you on various legal matters. This exciting new platform will allow us to share our knowledge and insights in a more interactive and accessible way. From introducing myself to sharing tips on how to navigate complex legal situations, this channel is designed to be a go-to resource for legal information.

    Our YouTube channel is not just an expansion of our digital presence, but a bold new step towards a more interactive and engaging experience. This exciting venture will help us to provide you with valuable general criminal legal advice and insights in a format that is easy to understand and follow. Through this platform, our aim is to make complex legal matters simple and less daunting. We hope that this channel will become a reliable companion on your legal journey.

    Our content is designed to cater to a wide range of our current and former clients’ needs, as well as the public in general. Each video will be packed with practical advice, easy-to-understand explanations, and insights drawn from our years of legal experience.

    But our content goes beyond just legal advice. We believe that law is not just about rules and regulations, but about people and their stories. Hence, our channel will also feature personal stories of our attorneys, client testimonials, and behind-the-scenes peeks at our firm. You can expect a mix of informative, inspirational, and engaging content designed to connect with you on a deeper level.

    We couldn’t be more thrilled to embark on this new journey and to invite you to be a part of it. At the David Smith Law Firm, PLLC, our mission has always been about delivering the best to our clients, and this YouTube channel is another step towards that commitment. We hope our channel will become a go-to resource for general criminal legal information, insights, and a way to know us better. So, subscribe today, dive into our rich content, and join us on this exciting journey in the world of law! We can’t wait to connect with you through the power of video. Welcome to the David Smith Law Firm’s YouTube Channel!

    THE INFORMATION IN THE DAVID SMITH LAW FIRM, PLLC YOUTUBE CHANNEL IS FOR GENERAL INFORMATION PURPOSES ONLY. NOTHING ON THE SITE SHOULD BE TAKEN AS LEGAL ADVICE FOR ANY INDIVIDUAL CASE OR SITUATION. THIS INFORMATION IS NOT INTENDED TO CREATE, AND RECEIPT OR VIEWING DOES NOT CONSTITUTE, AN ATTORNEY-CLIENT RELATIONSHIP. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE REGARDING YOUR INDIVIDUAL SITUATION.
    Show More Show Less
    3 mins
  • Gratitude for Our Clients

    Gratitude for Our Clients
    Nov 23 2023
    Gratitude for Our Clients: A Thanksgiving Celebration of Trust and Advocacy at David Smith Law Firm, PLLC

    As Thanksgiving approaches, the team at David Smith Law Firm, PLLC takes a moment to reflect on the essence of gratitude. While the season is often associated with turkey dinners and family gatherings, we believe it’s crucial to extend our gratitude to those who have entrusted us with their most pressing matters: our clients. In the realm of criminal justice, where challenges are profound and outcomes uncertain, the trust our clients place in us is truly humbling. This Thanksgiving, we dedicate this blog post to express our profound appreciation for the amazing clients who have allowed us to navigate the complexities of the criminal justice system on their behalf.

    The Foundation of Trust:

    At the heart of every successful attorney-client relationship lies trust. For the team at David Smith Law Firm, PLLC, trust is the cornerstone upon which we build our advocacy. We understand that entrusting someone with your legal matters, especially in the criminal justice system, is no small decision. As we celebrate Thanksgiving, we want to express our deepest gratitude to our clients for choosing us to stand by their side during some of the most challenging times of their lives.

    Navigating the Criminal Justice System Together:

    The criminal justice system is intricate and often intimidating. Navigating its complexities requires a combination of legal expertise, dedication, and a commitment to justice. We recognize that our clients rely on us not only for our knowledge of the law but also for our unwavering dedication to their rights and well-being. This Thanksgiving, we reflect on the cases we’ve handled and the lives we’ve impacted, always with a sense of responsibility and gratitude for the opportunity to make a difference.

    Celebrating Victories, Big and Small:

    In the legal profession, victories come in various forms. Whether it’s securing an acquittal, negotiating a favorable plea deal, or having charges reduced, each success represents a step towards justice. Our clients’ victories are our victories, and we celebrate them with the same intensity and joy. This Thanksgiving, we extend our thanks to the clients who have allowed us to be a part of their journey, trusting us to fight for the best possible outcomes.

    Building Connections Beyond the Courtroom:

    Beyond the legal battles, we recognize the importance of building genuine connections with our clients. Understanding the human side of each case allows us to provide more comprehensive and empathetic representation. This Thanksgiving, we express gratitude for the relationships we’ve formed, knowing that each connection strengthens our ability to advocate effectively on behalf of our clients.

    A Commitment to Continuous Improvement:

    As a law firm, we are committed to continuous improvement. We understand the evolving nature of the legal landscape and strive to stay at the forefront of our field. The trust our clients place in us motivates us to continually enhance our skills, stay informed about legal developments, and adapt our strategies to best serve their interests. This Thanksgiving, we acknowledge the role our clients play in pushing us to be the best advocates we can be.

    Gratitude for Our Clients:

    In the spirit of Thanksgiving, the David Smith Law Firm, PLLC expresses heartfelt gratitude to our incredible clients. Your trust is the driving force behind our advocacy, and we are honored to stand by your side in the pursuit of justice. As we gather around our own Thanksgiving tables, we carry with us the stories, challenges, and triumphs of each client we’ve had the privilege to represent. From all of us at David Smith Law Firm, PLLC, we wish you a safe and happy Thanksgiving filled with gratitude, warmth, and the joy of shared victories.
    Show More Show Less
    4 mins
  • Securing Probation for a Client Facing 20 Years in Prison

    Securing Probation for a Client Facing 20 Years in Prison
    Oct 29 2023
    A Triumph in the Courtroom: Securing Probation for a Client Facing 20 Years in Prison for Aggravated Assault With A Deadly Weapon Introduction In the realm of criminal defense, there are moments that define a person’s life when they are charged with a serious crime and how those moments can exemplify the power of a just legal system. Recently, the David Smith Law Firm, PLLC was entrusted as co-counsel to the Law Office of Lindsay Lopez with a challenging case where our client was charged with two counts of aggravated assault with a deadly weapon, and the state recommended a staggering 15-year sentence in prison before the commencement of trial. Once trial began, the full range of punishment was potentially available to the jury–up to 20 years in prison. Against the odds, we took the case to a jury trial, and the outcome was nothing short of remarkable. This blog post sheds light on the journey that led to our client’s victory – probation, not prison. The Case Overview Aggravated assault with a deadly weapon is a grave offense, and facing two such charges of this second-degree felony, with up to a 20-year prison sentence, is an intimidating prospect. In this case, our client found themselves in precisely this situation. The stakes were high, but we were determined to provide the best defense possible. At trial, the full range of punishment was available to the jury–up to 20 years in the Institutional Division of the Texas Department of Criminal Justice (AKA “prison”). The Role of Diligent Preparation Building the Defense: Preparation began with a meticulous examination of the evidence and a review of the statements of all parties involved. This groundwork helped us craft a strong defense strategy. Challenging the Prosecution’s Case: Aggravated assault cases hinge on proving intent, knowledge, or recklessness and demonstrating that a weapon was used. Our legal team worked tirelessly to challenge these key elements of the prosecution’s case, scrutinizing the facts and highlighting inconsistencies, and presenting what we saw in the evidence–a strong case for self-defense. Self Defense is a possible justification for the use of force to stop a perceived imminent threat. The Jury Trial and Probation Recommendation Evidence for Probation: Our legal team used the jury trial as an opportunity to convey the defendant’s self-defense argument, their genuine commitment to rehabilitation, and to demonstrate their low risk to society. We presented evidence of the defendant’s clean prior record, community support, and a detailed plan for rehabilitation.Highlighting the Human Element: An essential aspect of securing probation in this case was humanizing the defendant. We encouraged the jury to look beyond the charges and see our client as an individual with the potential for positive change.Effective Cross-Examination: Our team conducted effective cross-examination to counter the prosecution’s case and create reasonable doubt in the minds of the jury in relation to them not delivering a prison sentence. This played a significant role in the ultimate decision to recommend probation.Thorough Preparation: It is imperative for a successful defense attorney to know all the evidence in a case. An experienced defense attorney is aware of what is and what is not collected as evidence at the crime scene by reviewing evidence logs and comparing them to what is visible on any body cam, in car cam, and surveillance video. Was all available evidence collected? Are there answers that the jury cannot consider because key evidence was either not collected and/or not tested? Effective Jury Selection: Jury selection, also known as voir dire, serves as the initial filter in the justice system, as it determines who will decide a case’s fate. Selecting an open-minded jury in this was paramount because the jurors will ultimately weigh the evidence, assess witness credibility, and deliberate on the verdict. A skilled attorney understands the significance of this process and carefully evaluates potential jurors’ biases, backgrounds, and beliefs to ensure a fair and unbiased trial for the defense. Failing to conduct a thorough and strategic jury selection can be a critical misstep, as an anti-defendant or unrepresentative jury may taint the entire trial process.Carefully Crafted Opening Statements: Opening statements serve as the canvas upon which the narrative of the case is painted. They offer defense attorneys the opportunity to set their stage for the case, outline their case’s theory, and establish a persuasive roadmap for the jury. Effective opening statements from the defense should capture the jurors’ attention, provide a clear framework for the evidence they will hear about from the State, and create an emotional connection between the jury and the client’s story. The impact of a compelling opening statement can influence how jurors interpret the evidence and testimony presented...
    Show More Show Less
    Less than 1 minute
  • Celebrating a Successful Week

    Celebrating a Successful Week
    Sep 29 2023
    Dear Clients, Colleagues, and Friends of Our Firm,

    We are thrilled to kick off this week with an overwhelming sense of gratitude and pride. It is with immense pleasure that we announce the reception of four five-star reviews in just one week! These reviews not only reaffirm our commitment to excellence but also serve as a testament to the unwavering support of our valued clients and their families.

    Celebrating a Successful Week–Client Satisfaction: Our Top Priority

    At David Smith Law Firm, PLLC, our primary goal is to provide exceptional legal services while ensuring that our clients receive the support and attention they deserve. Achieving such a milestone in the form of four consecutive five-star reviews further bolsters our belief that we are on the right path.

    Some Examples:

    Here are snippets from the reviews we received:

    “Hello, I would like to thank my attorney David Smith for everything he did for me he is a man of his word he came to see me the same day I highly recommend him he get the job done. Thank you again and don’t stop doing what you doing.? …”

    “Mr. David was amazing. He was able to work WONDERS on my son case. I have Always been skeptical of appointed court attorneys. Mr. David proved me wrong! The care, and compassion he showed us was just something that put my mind at easy. With all his experience, I know my son was in Great hands. I just can’t thank you enough for all you awesome work. We do not plan to be in this situation again. But if we do Mr. David Smith is our guy ?! ?”

    “Such a great lawyer! He worked really fast and prioritized my husbands case! Everything he promised as accomplished!”

    “Mr. David [S]mith is dedicated and fast working, he sticks to his word and is very informative to all questions you may have. He did everything he said he would do and more, I definitely recommend him as your attorney no questions asked!!”

    These reviews are a reflection of the hard work and dedication put into my law firm. I take immense pride in my work to ensure that our clients receive the highest quality legal services.

    Our Commitment to Excellence Continues

    While I am immensely grateful for these four five-star reviews, I recognize that our journey doesn’t end here. We are committed to continuously improving our services, enhancing our expertise, and delivering exceptional results for our clients.

    To those who took the time to share their experiences and offer these glowing reviews, I extend my heartfelt appreciation. Your feedback is invaluable to me and motivates me to strive for excellence in every case we handle.

    Get in Touch

    Whether you are a former client or someone seeking legal assistance for the first time, I invite you to reach out to us. At David Smith Law Firm, PLLC, we are dedicated to providing top-notch criminal law defense legal services tailored to your unique needs.

    Once again, thank you for your continued support, trust, and for making these reviews possible. We look forward to serving you and our community for many more years to come.

    With gratitude,

    David Smith Law Firm, PLLC

    By: David Smith, Owner

    11200 Broadway St., STE 2743 Pearland, TX 77584

    832-895-6693

    832-353-1756 (after-hours)

    1-844-NOT-GIL-T (toll free)
    Show More Show Less
    Less than 1 minute
  • Navigating Juvenile Law in Texas

    Navigating Juvenile Law in Texas
    Sep 23 2023
    A Brief Introduction Juvenile law in Texas is a complex and distinct area of the legal system that focuses on the rights and responsibilities of minors involved in criminal matters. Understanding the intricacies of juvenile law is essential for both young individuals and their families who may find themselves facing legal issues. In this blog post, we will provide a comprehensive guide to juvenile law in Texas, shedding light on the key aspects, rights, and considerations. The David Smith Law Firm, PLLC provides competent legal representation to all our clients. David Smith is an experienced trial attorney who is Board Certified, Criminal Law — Texas Board of Legal Specialization. The David Smith Law Firm, PLLC prides itself on principled, criminal law expertise coupled with zealous representation fighting for success for you. David Smith has extensive* knowledge of the juvenile laws specific to Brazoria County and Harris County, Texas. *David Smith is not Board Certified in Juvenile Law by the Texas Board of Legal Specialization. As a resident of Texas, it is important to know about the juvenile laws in Texas. 1. Understanding the Juvenile Justice System in Texas The juvenile justice system in Texas is designed to address the unique needs and circumstances of young individuals who commit offenses. Unlike the adult criminal justice system, the focus is primarily on rehabilitation rather than punishment. Some key points to remember include: Age of Criminal Responsibility: In Texas, a child is considered criminally responsible for their actions starting at the age of 10. A “child” is considered an adult when they reach the age of 17 in Texas and are subject to adult criminal laws and ramifications. Types of Offenses: Juvenile offenses in Texas are categorized into three main types: Delinquent Conduct, Conduct Indicating a Need for Supervision (CINS), and Status Offenses. Juvenile Courts: Juvenile cases are typically handled in specialized juvenile courts, emphasizing rehabilitation and intervention. Sometimes county court at law judges, like in Brazoria County, sit also as juvenile courts. 2. Rights of Juveniles in Texas Juveniles in Texas have certain rights that protect them during the legal process. These rights include: Right to an Attorney: Just like adults, juveniles have the right to legal representation. An attorney experienced in juvenile law can be instrumental in navigating the legal system. Right to Remain Silent: Juveniles have the right to remain silent and cannot be compelled to incriminate themselves. Right to Due Process: The juvenile justice system must adhere to principles of due process, ensuring a fair and impartial legal process. Right to a Trial: Juveniles have the right to a trial, and in some cases, they may choose to have a jury trial. 3. Juvenile Diversion Programs Texas offers a variety of diversion programs aimed at rehabilitating juveniles without resorting to formal court proceedings. These programs can include counseling, community service, and educational initiatives designed to address the root causes of delinquent behavior. 4. Transfer to Adult Court–“Certification” In certain cases, a juvenile may face transfer to adult court, typically for more severe offenses or repeat offenses. This process is complex and may vary based on the specific circumstances of the case. The child is certified by the juvenile court to be transferred over to adult court. 5. Sealing Juvenile Records Texas law provides mechanisms for sealing juvenile records to protect the future prospects of young individuals who have committed offenses. Record sealing can help ensure that these past mistakes do not hinder their educational or employment opportunities. 6. Consulting with a Defense Attorney When a juvenile faces legal issues in Texas, it is essential to consult with an experienced attorney who understands the nuances of the juvenile justice system. An attorney can provide guidance, protect the juvenile’s rights, and work towards the best possible outcome. Conclusion Juvenile law in Texas is a specialized area that demands careful attention to detail and a thorough understanding of the unique needs of young individuals in the legal system. If you or your child is involved in a juvenile case in Texas, seeking legal representation from an experienced attorney is crucial to help you navigate juvenile law challenges. With the right guidance, it is possible to navigate the system, protect rights, and strive for a positive outcome that focuses on rehabilitation and a brighter future for the juvenile involved.
    Show More Show Less
    Less than 1 minute
  • What to Do When Stopped by the Police

    What to Do When Stopped by the Police
    Sep 23 2023
    Introduction Encounters with law enforcement officers can be intimidating, and it’s essential to know your rights and how to handle such situations calmly and responsibly. Whether you’re pulled over for a traffic violation, approached on the street, or questioned in any other context, understanding what to do when stopped by the police can make a significant difference in protecting your rights and ensuring a safe interaction for all parties involved. In this blog post, we’ll outline some key steps to take if you find yourself in this situation. The David Smith Law Firm, PLLC provides competent legal representation to all our clients. David Smith is an experienced trial attorney who is Board Certified, Criminal Law — Texas Board of Legal Specialization. The David Smith Law Firm, PLLC prides itself on principled, criminal law expertise coupled with zealous representation fighting for success for you. David Smith has extensive knowledge of the laws specific to Brazoria County and Harris County, Texas related to police encounters, and the Fourth, Fifth, Sixth, and Fourteenth Amendments to which everyone is entitled. As a resident of Texas, it is important to know about what to do when stopped by the police. 1. Stay Calm! First and foremost, it’s crucial to remain calm and composed during any police encounter. Keep your hands visible and avoid any sudden movements. In most situations, the police are looking to maintain safety and enforce the law. Resisting arrest, arguing, or becoming confrontational can escalate the situation and potentially lead to more serious charges. Remember, let a lawyer argue in court over whether your rights were violated and why evidence should be suppressed by the Court due to unconstitutional violations of your rights. 2. Be Polite and Respectful Being respectful and polite when interacting with law enforcement officers can go a long way. Address the officer as “Officer” or “Sir/Ma’am” and avoid using offensive language or gestures. Remember that any disrespectful behavior can be used against you in court. 3. Know Your Rights Understanding your legal rights is crucial when stopped by the police. The most important rights to remember are: a. The right to remain silent: You have the right to remain silent and cannot be compelled to answer questions beyond providing identification (if required). b. The right to an attorney: If you are arrested, you have the right to an attorney. You can request one immediately and should do so! c. The right to refuse searches: In most cases, you have the right to refuse a search of your person, vehicle, or property unless the officer has probable cause or a valid search warrant. d. The right to leave if not under arrest: If you are not under arrest or being detained, you generally have the right to walk away from the encounter. 4. Comply with Requests for Identification In many situations, the police may request identification, such as your driver’s license, registration, and proof of insurance if you’re pulled over while driving. It’s generally best to comply with these requests, as failing to do so could result in additional legal complications. 5. Document the Encounter If you believe your rights have been violated during the police encounter, it can be helpful to document the situation as much as possible. You can do this by: a. Recording the interaction on your smartphone if it’s safe to do so. b. Taking note of the date, time, location, and the names or badge numbers of the officers involved. c. Collecting contact information from any witnesses present. 6. File a Complaint If Necessary If you believe the police have violated your rights or acted inappropriately during the encounter, you can file a complaint with the relevant law enforcement agency. Consult with an attorney before doing so to ensure you navigate the process correctly. Summary Knowing what to do when stopped by the police is essential for safeguarding your rights and ensuring a smooth interaction. While most police encounters are routine and uneventful, being prepared and informed can make a significant difference if you ever find yourself in a more complex or challenging situation. Remember to remain calm, respectful, and knowledgeable about your rights to protect yourself and your legal interests. If you have concerns about a specific police encounter, consult with an attorney for guidance tailored to your situation. UPDATE 11/30/23 I have received requests for some innovative ways of properly documenting a police encounter. Here are a few options: Mobile JusticeTurnSignlI’m Getting Pulled Over (not an app, but a template for auto recording using a Siri cue for iPhones)
    Show More Show Less
    Less than 1 minute