Submitting to a Field Sobriety Test in Maryland

Are You Legally Required to Take a Field Sobriety Test?

Submitting-to-a-Field-Sobriety-Test-in-Maryland-imgIn Maryland, when you have been stopped while driving and the officer suspect that you are impaired, he or she may ask you to submit to a field sobriety test. That can take a variety of forms, from walking a straight line forward and backward to following the police officer’s flashlight with your eyes. The purpose of the test is to establish probable cause to require that you take a breathalyzer or blood alcohol test.

You Are Not Required to Engage in a Field Sobriety Test in Maryland

Though the concept of implied consent requires that motorists in Maryland submit to a breathalyzer test (upon a finding of probable cause) or face significant sanctions, there is currently no law in the state of Maryland that requires that a driver take a field sobriety test. Accordingly, if you refuse to take a field sobriety test, the officer must base a finding of probable cause on other observations or evidence. Furthermore, your simple refusal to take a field sobriety test cannot be the basis for probable cause to require a breathalyzer test.

Proven Montgomery County Criminal Attorney

Attorney Jonathan Scott Smith has more than 40 years of experience protecting the rights of criminal defendants across the Baltimore metropolitan area and the state of Maryland, including people charged with misdemeanors or felonies. He has been received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar for more than three decades. He has been ranked among the top 100 lawyers in Maryland listed by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all lawyers nationwide.

Over the past 30 years, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges, including prosecution for domestic violence or abuse. He will work hard to protect your constitutional rights, fully investigating your case to verify that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll question all potential witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Aggressive Baltimore Criminal Defense Attorney

Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Challenging a Blood Alcohol Test in Maryland

Questioning the Reliability of a Breathalyzer Test

Challenging a Blood Alcohol Test in Maryland-imgWhen you’ve been pulled over, for any reason, one of the first things the officer will typically ask is whether you have been drinking. If you say that you have, or if the officer observes behavior that provides probable cause, he or she may ask that you take a blood alcohol test. You can legally refuse, but there are serious consequences. If you take and fail the breathalyzer test, though, you can still challenge the results in court.

Reasons Why a Blood Alcohol Test May Be Inadmissible

There are a number of situations where a court may determine that a breathalyzer test should be thrown out:

  • Studies show that breathalyzers can provide false results (some suggest that they are only accurate about 40% of the time)
  • Breathalyzers require regular calibration (the recommended frequency is once per month). If the machine has not been calibrated recently, it may give a false readout
  • The police officer may not have followed appropriate procedures

Experienced Maryland Drunk Driving Defense Lawyer

Attorney Jonathan Scott Smith has fought for the rights of criminal defendants in Maryland for more than four decades. SuperLawyers has named him one of the top 100 lawyers in Maryland and The American Lawyer Magazine has also cited him as a Top-Rated Lawyer.

Attorney Smith has been AV-rated (the highest possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System for more than three decades. He has also received Martindale-Hubbell’s prized Client Distinction Award, an accolade earned by less than 4% of all attorneys nationwide. He carries a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A highly-regarded trial attorney, Jonathan has an extensive knowledge and understanding of Maryland criminal law and procedure. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Contact an Aggressive Baltimore DUI/DWI Defense Lawyer

At the law offices of Jonathan Scott Smith, we aggressively advocate for criminal defendants throughout the greater Baltimore area and across the state of Maryland, including people charged with drinking and driving. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

The Difference between a Felony and a Misdemeanor in Maryland

What Are the Unique Aspects of Each? How Are They Prosecuted Differently?

The-Difference-between-a-Felony-and-a-Misdemeanor-in-Maryland-imgIn Maryland, when you have been arrested and charged with a crime, it will fall into one of two categories—it will either be a misdemeanor or a felony. The initial determination as to which type of charge you’ll face will be based on the Maryland criminal statutes, which identify each violation of the law as either a misdemeanor or a felony. Often, prosecutors will charge you with both, so that you can still be found guilty of the lesser offense if there is insufficient evidence to convict you on the felony charge.

What Are the Basic Differences between a Misdemeanor and a Felony?

As a general rule, the two key distinctions between a misdemeanor and a felony are the seriousness of the crime and the potential penalties set forth in the statute. In fact, many misdemeanors may be elevated to felonies if there is evidence of intent to cause serious injury or evidence that the criminal act is larger in scale or scope. Furthermore, if the length of incarceration for a criminal conviction is less than a year, it will generally be considered a misdemeanor, but if it is greater than a year, it will be prosecuted as a felony.

Because felonies generally involved a higher degree of culpability, prosecutors will typically be less willing to engage in plea bargaining. With most misdemeanors, provided the defendant doesn’t have multiple prior convictions, there’s customarily a willingness to try to resolve the case prior to trial.

Results-Oriented Prince George’s County Criminal Attorney

Attorney Jonathan Scott Smith has more than 30 years of experience protecting the rights of criminal defendants across the Baltimore metropolitan area and the state of Maryland, including people charged with misdemeanors or felonies. He has been received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar for more than 34 years. He has been ranked among the top 100 lawyers in Maryland listed by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all lawyers nationwide.

Over the past 30 years, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges, including prosecution for domestic violence or abuse. He will work hard to protect your constitutional rights, fully investigating your case to verify that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll question all potential witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Aggressive Baltimore Criminal Defense Attorney

Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

The Differences between Criminal and Civil Offenses in Maryland

How the Law Treats Criminal and Non-Criminal Acts


The-Differences-between-Criminal-and-Civil-Offenses-in-Maryland-imgIn Maryland, as in all states, there are generally two sides to the legal process: the criminal laws and processes, and the civil law. A single incident can give rise to both criminal proceedings and civil proceedings. For example, if you are driving under the influence of alcohol and strike another vehicle, you may be charged with a DUI/DWI, and you may also be sued for damages in a personal injury lawsuit.

What Are the Fundamental Differences between Criminal and Civil Proceedings?

There are a number of ways that the criminal process operates differently from the civil process:

  • The parties to the legal action—In a criminal prosecution, the party initiating the action is always the government—it may be state, local or federal. In a civil action, the parties may be governmental bodies, but are typically private citizens or businesses.
  • The burden of proof—In a criminal case, you must prove guilt “beyond a reasonable doubt (typically considered to be with about 90% certainty). In a civil matter, it’s only by the weight of the evidence (more likely than not).
  • The penalties—In a criminal matter, you can be asked to make restitution, but the typical sanctions are incarceration or fines, which are payable to the state. In a civil matter, one party must typically compensate the other party, though there are very limited circumstances where you can compel performance.
  • The legal basis—Criminal prosecutions are based on violation of a statute (a written law enacted by a legislative body). Civil actions are typically based on the common law, which is set forth in legal opinions issued by judges.

Experienced Maryland Criminal Defense Attorney

Attorney Jonathan Scott Smith has fought for the rights of criminal defendants in Maryland for more than 30 years. SuperLawyers has named him one of the top 100 lawyers in Maryland and The American Lawyer Magazine has also cited him as a Top-Rated Lawyer.

Attorney Smith has been AV-rated (the highest possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System for more than three decades. He has also received Martindale-Hubbell’s prized Client Distinction Award, an accolade earned by less than 4% of all attorneys nationwide. He carries a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A highly-regarded trial attorney, Jonathan has an extensive knowledge and understanding of Maryland criminal law and procedure. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Contact a Proven Maryland Criminal Defense Lawyer

At the law offices of Jonathan Scott Smith, we aggressively advocate for criminal defendants throughout the greater Baltimore area and across the state of Maryland. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

The Potential Penalties for Vehicular Homicide in Maryland

The Consequences of Killing Someone in a Car Accident

The Potential Penalties for Vehicular Homicide in MarylandUnder Maryland law, you can be prosecuted for vehicular homicide as a consequence of four different events:

  • Manslaughter by vehicle—A felony, this charge involves a traffic death resulting from gross negligence. Potential sanctions include up to 10 years in prison, as well as up to $5,000 in fines. If you have prior convictions for homicide or vehicular homicide, the prison term can be extended to 15 years and the fines can be doubled.
  • Criminally negligent manslaughter—This is generally charged as a misdemeanor offense, but can result in a three-year-prison term, as well as $5,000 in fines. A prior conviction can change the offense from a misdemeanor to a felony, with the potential for 5 years of incarceration and $10,000 in fines.
  • Homicide by motor vehicle under the influence of alcohol—Another felony, this can bring a 5-year-prison-term for first time offenders, as well as $5,000 in fines. A second prosecution may cause the penalties to be doubled.
  • Vehicular homicide while impaired by drugs, alcohol or a controlled substance—Also a felony, this crime can lead to 3-5 years in prison, as well as $5,000-$10,000 in fines, based on the number of prior convictions.

Aggressive Baltimore DUI/DWI Defense Lawyer

Attorney Jonathan Scott Smith brings more than three decades of proven experience to criminal defendants across the Baltimore metropolitan area and the state of Maryland, including people charged with violent crimes. He has been received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar for more than 34 years. He has been ranked among the top 100 lawyers in Maryland listed by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all lawyers nationwide.

Over the past 30 years, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges, including prosecution for domestic violence or abuse. He will work hard to protect your constitutional rights, fully investigating your case to verify that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll question all potential witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Aggressive Montgomery County Vehicular Homicide Defense Attorney

Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Can You Be Prosecuted for Causing a Car Accident?

Are There Criminal Penalties Related to Motor Vehicle Collisions?

Can You Be Prosecuted for Causing a Car Accident?You ran a red light or a stop sign and caused an automobile accident. As a consequence of the accident, another person suffered a serious injury or may have died. Can you face criminal charges in Maryland because of a car wreck?

The Potential Criminal Consequences of a Motor Vehicle Accident

If you violated traffic laws and caused an accident, you can face prosecution for those traffic offenses.

In addition, if you wrongfully leave the scene of an accident, you can face criminal charges. Under Maryland statute, a person who leaves the scene of an accident after causing serious bodily injury can be charged with a felony, subject to up to five years in prison and a $5,000 fine. If the accident caused a fatality, the penalties may potentially be doubled.

Maryland also identifies four kinds of vehicular homicide:

  • Manslaughter by a vehicle for causing the death of another person while driving with gross negligence
  • Negligent manslaughter, for causing a fatal traffic accident through conduct that posed a substantial and unjustifiable risk to human life
  • Vehicular homicide for killing someone in a motor vehicle accident while driving with a blood alcohol content in excess of .08 (8 percent)
  • Impaired vehicular homicide for killing someone on a car accident because your coordination was compromised by drugs, alcohol or a controlled substance

Proven Maryland Drunk Driving Defense Attorney

Attorney Jonathan Scott Smith has protected the rights of criminal defendants in Maryland for more than 30 years, including people charged with misdemeanors or felonies. SuperLawyers has named him one of the top 100 lawyers in Maryland and The American Lawyer Magazine has also cited him as a Top-Rated Lawyer.

Attorney Smith has been AV-rated (the highest possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System for more than three decades. He has also received Martindale-Hubbell’s prized Client Distinction Award, an accolade earned by less than 4% of all attorneys nationwide. He carries a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A highly-regarded trial attorney, Jonathan has an extensive knowledge and understanding of Maryland criminal law and procedure. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Contact a Proven Maryland DUI/DWI Defense Lawyer

At the law offices of Jonathan Scott Smith, we aggressively advocate for criminal defendants throughout the greater Baltimore area and across the state of Maryland. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Wishing You And Yours A Merry Christmas & Happy New Year

Wishing You And Yours A Merry Christmas & Happy New Year

What Is Double Jeopardy in Criminal Law?

What Prevents You from Being Charged Again for the Same Crime?

What Is Double Jeopardy in Criminal Law?You’ve been arrested, charged and prosecuted for a crime, but the jury acquitted you. Can you be prosecuted again for the same event? If not, what prohibits that?

The concept of multiple prosecutions for the same criminal act is known as “double jeopardy.” Double jeopardy has a long history in criminal law, with measures in force in England to prevent it long before the American Revolution. The founding fathers considered protection against the practice to be so important that they included language in the 5th Amendment banning it. The relevant language states that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.”

When Does Double Jeopardy Not Apply?

Here are some specific instances where double jeopardy does not apply:

  • It does not prevent a criminal and a civil action related to the same event, unless the civil lawsuit is deemed punitive in nature or purpose
  • It does not prevent retrial if the original prosecution results in a mistrial
  • It does not prevent retrial if there is evidence of jury misconduct
  • It does not prevent retrial if a guilty verdict is overturned on appeal

Aggressive Baltimore Criminal Defense Lawyer

Attorney Jonathan Scott Smith brings more than three decades of proven experience to criminal defendants across the Baltimore metropolitan area and the state of Maryland, including people charged with violent crimes. He has been received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar for more than 34 years. He has been ranked among the top 100 lawyers in Maryland listed by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all lawyers nationwide.

Over the past 30 years, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges, including prosecution for domestic violence or abuse. He will work hard to protect your constitutional rights, fully investigating your case to verify that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll question all potential witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Aggressive Howard County Criminal Defense Attorney

Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

The Differences between a Criminal Prosecution and a Civil Lawsuit

The Differences between a Criminal Prosecution and a Civil LawsuitThere are distinct differences between prosecution for a criminal offense and the pursuit of a legal remedy through a civil proceeding:

  • Burden of proof—In a criminal prosecution, the jury must have no reasonable doubt as to your guilt. In a civil proceeding, they only need to conclude that your version of the facts is more believable than your opponent’s story.
  • The sanctions/penalties—In a criminal proceeding, you can face incarceration, fines (payable to the state), restitution (payable to the victim), community service, probation and even, in some jurisdictions, the death penalty. In a civil lawsuit, the remedy is customarily a monetary damage award, though there are limited situations where a court may compel a party to do something.
  • The source of the law—As a general rule, crimes are established by statute, a written law enacted by a legislative body. Though some civil wrongs are also statutory, most are derived from the common law, written down in opinions of judges in prior cases.
  • The parties—In a criminal prosecution, one of the parties is always the government, acting on behalf of the people. In a civil matter, the parties are usually private citizens or companies, though the government may be a party to a civil lawsuit.

Proven Maryland Criminal Defense Lawyer

Attorney Jonathan Scott Smith has protected the rights of criminal defendants in Maryland for more than 30 years, including people charged with misdemeanors or felonies. SuperLawyers has named him one of the top 100 lawyers in Maryland and The American Lawyer Magazine has also cited him as a Top-Rated Lawyer.

Attorney Smith has been AV-rated (the highest possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System for more than three decades. He has also received Martindale-Hubbell’s prized Client Distinction Award, an accolade earned by less than 4% of all attorneys nationwide. He carries a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A highly-regarded trial attorney, Jonathan has an extensive knowledge and understanding of Maryland criminal law and procedure. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Contact a Proven Maryland Violent Crimes Defense Lawyer

At the law offices of Jonathan Scott Smith, we aggressively advocate for criminal defendants throughout the greater Baltimore area and across the state of Maryland. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Happy Thanksgiving

Happy Thanksgiving 2022

ADDRESS :

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

  • Call for consultation 410-740-0101