Archives for October 2012

Mandatory Minimum Statutes in Maryland

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Mandatory minimum sentences mean that a person must serve a pre-determined minimum sentence upon conviction. Mandatory minimums most severely impact second offenders, especially in cases involving drug charges.

Mandatory Minimum Sentencing Laws Inflict Extreme Harm

The problem with these mandatory minimum laws is that they do not take into account the specific circumstances of each individual’s case. Mandatory minimums are imposed on those convicted of murder as well as those who have been arrested for victimless crimes, such as smoking marijuana. The sentences are often disproportionately harsh on the convicted person, and judges have no discretion in meting out lighter sentences in mandatory minimum cases.

Minimum sentencing laws inflict extreme punishment in some cases that is significantly out of step with a fair and just criminal justice system.

Victimless Crimes Can Be Subject to Mandatory Minimums

For example, a person who perhaps has been arrested for multiple “victimless” crimes, such as public drunkenness or marijuana use, can be locked up for many years thanks to the mandatory minimum sentencing laws. What is needed is treatment to save a life, not punishment to destroy a life at the taxpayers’ expense.

Even if you have been arrested on a minor drug or other criminal charge, it is important to retain an attorney who understands how to build a strong case in your behalf. If you have one conviction on your record, and are arrested and tried again, you may be subject to mandatory minimum sentencing in Maryland.

Crimes Requiring Mandatory Minimum Sentences

  • Second offense drug crimes
  • Firearms offenses
  • Child abuse
  • Child pornography
  • Violent crimes, including murder and homicide
  • Sex assault, including sexual offense and rape

Third Offense for Certain Drug Crimes – 25 Years No Parole

If you have been convicted as a repeat offender and are now facing a third offense for certain types of drug crimes, you could be facing a mandatory 25 years in prison without the possibility of parole.

Studies have shown that mandatory minimum sentencing laws do not prevent or deduce drug use, drug addiction, or drug selling.

Columbia, and Ellicott City Maryland Criminal Defense Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including repeat offenders and mandatory minimum sentencing cases. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Top Rated Criminal Lawyer Howard County, MD

Mr. Smith’s extensive trial experience — and track record of successful results in criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

Protect Your Freedom and Your Future—Contact a Criminal Defense Attorney

To schedule an appointment with an experienced criminal defense lawyer at the Smith Criminal Defense Law Firm, call us at 410-740-0101 or contact us online. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Criminal Lawyer Receives Client Choice Award in Lawyers Ratings

Outstanding Reviews Result in Award from Clients’ Lawyers Ratings
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AVVO, one of the leading lawyers ratings firm, awarded Howard County attorney Jonathan Scott Smith its “Clients Choice Award for 2012.” This award resulted from client reviews with an average of 5 stars — the highest client rating possible.

One recent client letter stated: “[O]ur family confronted a most stressful situation resulting from unsubstantiated criminal charges against my daughter. Our most immediate thought was to locate the most competent legal assistance possible — and we found it!! In my former life as Director of a Federal police force for the National Capitol Region, legal issues and police matters were a daily occurrence. …[Y]our reputation as the most worthy criminal attorney in Howard County is not only deserved but proven! You left “no stone unturned” and masterfully guided the lengthy and verbose proceedings to a brilliant conclusion: “not guilty” on all charges.” W. Lindenau, Commanding General, Military Order of Foreign Wars of the United States.

In response to receiving the Clients Choice Award, Mr. Smith stated, “We fight hard for our clients, and we are grateful that they think so highly of our work. People facing criminal charges often are under a great deal of stress, and we do everything possible to solve their problems and lift their burdens.”

Howard County Criminal Lawyer Rated “10.0 Superb” in Lawyers Ratings

Mr. Smith already achieved the highest lawyer rating “10.0 Superb” by AVVO. AVVO considers a wide variety of information in developing a lawyer’s rating, including a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Ratings range from a low of 1.0 to 10.0, the highest rating. Very few lawyers achieve the highest rating, and it is recognition of Mr. Smith’s extensive litigation experience, successful results, and the opinion of his peers.

Criminal Lawyer Howard County MD

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Top Rate Criminal Defense Attorney Columbia MD and Ellicott City MD

Mr. Smith’s extensive trial experience — and track record of successful results in criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating in a lawyers review and ratings process, and a 10.0 Superb AVVO lawyer rating. These are the highest lawyer ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

Contact Our Office

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in criminal defense matters, DUI / DWI, MVA Hearings, traffic offensesdomestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince George’s (Prince Georges) County, Howard County and Montgomery County, MD.

Maryland Medical Marijuana Defense

Arrested for Medical Marijuana Use or Possession in Maryland?

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If you have been arrested for possession of marijuana, but you are using it out of medical necessity, Maryland law allows an affirmative medical marijuana defense. This means that medical marijuana use has reduced the potential penalty depending on the amount of marijuana in possession.

The general penalty for possession of marijuana is a sentence up to 1 year or a fine up to $500, or both. There is no jail penalty, and only a maximum of a $100 fine, if the accused possessed one ounce or less of marijuana for medical purposes and can demonstrate a legitimate medical need for the cannabis.

How do I Establish a Medical Marijuana Defense?

To establish a medical necessity defense, you must prove the following:

  • You have a “debilitating medical condition” that has been diagnosed by a physician with whom you have a “bona fide physician-patient relationship;”
  • The debilitating medical condition is severe and resistant to conventional medicine; and
  • Marijuana is likely to provide you with therapeutic or palliative relief from the debilitating medical condition.

The defense may not be used if you were using marijuana in a public place, or in possession of more than 1 ounce of marijuana.

Feds Not on Board with Medical Marijuana Use

Despite state lawmakers legalizing medical marijuana, federal law enforcement officials are not on board. For example federal prosecutors recently sent nearly 60 letters to medical marijuana clinics in Orange County, Florida, where it is legal to dispense medical marijuana, threatening criminal charges if they continued to sell medical marijuana.

What Amount Is Legal?

Those who cultivate marijuana or who have larger amounts can still raise that affirmative defense, and can have their sentence mitigated. However, this is far more difficult. Sometimes, a person who uses marijuana for medical purposes will grow many marijuana plants, so that they can have a continuous, inexpensive supply. The police may not see it that way, however.

Top Rated Howard County Drug Possession Attorney

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including numerous possession of marijuana and drug possession charges. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Mr. Smith’s extensive trial experience — and track record of successful results in possession of marijuana and drug possession charges, and other criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

Contact Us

To schedule an appointment with an experienced criminal defense lawyer at the Smith Criminal Defense Law Firm, call us at 410-740-0101 or contact us online. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

23 Men Netted in Laurel Prostitution Arrests

Task Force Results in Laurel Prostitution Arrests

On Thursday, September 20,  2012, law enforcement officers from the Howard County Police Department, Anne Arundel Police Department, Laurel Police Department, Maryland State Police, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations carried out a “reverse prostitution sting” operation, The Baltimore Sun reported.

As a result, 23 men were arrested; of these, 14 of the prostitution arrests were made by Howard County Police. Two of the men were Howard County residents.

Police Don’t Release Prostitution Arrest Photos from Prostitution Arrests

As is typical of Howard County prostitution arrests, police did not release prostitution arrest photos of the men arrested. In the past, Howard County Police have released the names of those subjected to prostitution arrests, but not in this case. The men who were arrested probably were relieved that neither their photos, nor their names, were released publicly.

Howard County Criminal Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including cases involving prostitution arrests for solicitation for prostitution and prostitution. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Top Rate Columbia and Ellicott City Prostitution Defense Attorney

Mr. Smith’s extensive trial experience — and track record of successful results in prostitution arrests, and other criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the most experienced criminal lawyers in Howard County.

Contact Our Office

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in prostitution arrests, solicitation for prostitution, as well as other criminal defense matters, DUI / DWI, MVA Hearings, traffic offensesdomestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101