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

Baltimore Homicide Rate Up in 2022

City Sees Record Monthly Murder Tolls

Baltimore Homicide Rate Up in 20222022 is on track to be the deadliest in Baltimore’s history, with nearly 180 homicides in the first six months. The city recorded 42 slayings in May, 2022, the first time that the monthly toll exceeded 40 since May, 2015, when police logged a record 45 killings. The city’s Carrollton Ridge neighborhood, which experienced just six murders between 2012 and 2014, counted six in the month of June this year. City officials expect that the annual tally of homicides in Baltimore will surpass 300 for the 8th year in a row.

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.

Man Dies of Gunshot Wounds 22 Years after Shooting

Can the Perpetrator Still Be Charged with Murder?

Man Dies of Gunshot Wounds 22 Years after ShootingA 38-year-old Baltimore man died in 2021 from gunshot wounds originally sustained in 1999, when he was just 16. Police say the bullet severed the victim’s spinal cord, leaving him paralyzed. After his death, a medical enquiry determined that the man had never returned to good health after the shooting and ruled the death a homicide.

Officials say that, because there is no statute of limitations on murder in Maryland, the perpetrator can still face prosecution. The statute of limitations establishes the time period in which a legal claim must be made. Most criminal acts must be prosecuted within a fixed period of time, but some of the more serious crimes, such as murder, manslaughter and rape, have no time limit on prosecution.

Experienced Baltimore Criminal Defense Attorney

Attorney Jonathan Scott Smith brings more than 30 years of experience to criminal defendants in Maryland, including people charged serious or violent crimes. 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 well-respected trial lawyer, Jonathan has a comprehensive 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 Halloween!

Happy Halloween! 2022

The Penalties for Drunk Driving in Maryland

The Potential Sanctions When You Have Been Convicted of DUI/DWI

the-penalties-for-drunk-driving-in-marylandThe penalties for conviction of drunk driving in Maryland will depend on a number of factors, including the type of charge and whether you’ve had any prior convictions. Driving while intoxicated (DWI) is considered a lesser offense than driving under the influence (DUI), carrying the following potential sentencing:

  • No prior convictions—Up to 60 days in jail and $500 in fines
  • One prior conviction—Up to a year in jail and $500 in fines
  • Multiple priors—Up to five years in prison and $5,000 in fines

For the more serious charge of driving under the influence, the potential penalties include:

  • No prior convictions—You can expect up a year in jail, as well as the potential of $1,000 in fines
  • One prior conviction—The potential incarceration is up to two years and fines can reach $2,000
  • Multiple prior convictions—You could be sentenced to up to five years in prison and $5,000 in fines

Aggressive Baltimore DUI/DWI Defense Lawyer

Attorney Jonathan Scott Smith brings more than three decades of experience to criminal defendants across the Baltimore metropolitan area and the state of Maryland, including people charged with domestic violence or abuse. 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 three decades, 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.

Proven Frederick County Criminal Defense Lawyer

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.

ADDRESS :

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

  • Call for consultation 410-740-0101