Monday, March 16, 2009


On March 15, Attorney Gerald E. Smith kicked off his new Radio Program called "KNOW YOUR RIGHTS" The program can be heard every Sunday evening from 6:00 pm to 6:30 pm on 1240 AM The Soul of San Diego Radio Station. The program will cover various legal topics with an open line and will also feature other experts in specific areas of law.

The March 15, show covered the area of DUI and Your Rights. It was a general overview of the the DUI laws and what your rights are when pulled over by a police officer. Also discussed on the program where the various field sobriety tests given by the officers on suspected DUI drivers.

The weekly programs will be added the web site to allow listeners to hear the program in its entirety.

Not Guilty by Reason of Insanity

On March 10, 2009, The Honorable Judge Alvin Green ruled that my client was so delusional that he was legally insane at the time of the incident. In 2006, my client had attacked 3 individuals with a hatchet (some called it an axe) and caused serious injury to the victims. He was charged with three counts of attempted murder, five counts of assault with a deadly weapon, carjacking and resisting arrest.

Why this case stands out is because less than one percent of the cases nationally, where a person pleads "not guilty by reason of insanity" is successful in obtaining a verdict that he/she was legally insane. This case had been on going for almost three years and with the use of medical experts who evaluated my client and had agreed that at the time of time of the incident, the defendant was legally insane and did not understand right from wrong. The court was presented with this evidence from the medical experts and reached the conclusion that my client was legally insane at the time of the incident.

Defendant now will face a sentencing where it will be determined if he should be treated as an outpatient or confined to a state mental hospital.