Beware: Saint Patrick’s Day Police Sobriety Checkpoints!

Howard County Sobriety Checkpoints
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The Howard County Police Department has announced that it will conduct a sobriety checkpoint at an undisclosed location this weekend to promote awareness and reduce the number of alcohol-impaired drivers on the roads. The checkpoint will be clearly marked with signs, lights and uniformed officers. Officers will utilize both marked and unmarked vehicles and will be checking for violations including driving under the influence of alcohol, failure to use seat belts and failure to use child safety seats.

Sobriety Checkpoints and Constitutional Protections

A sobriety checkpoint allows police officers to observe drivers and their cars for evidence of drunk driving. Ordinarily police cannot stop a vehicle unless there is a “reasonable and articulable suspicion” that the driver or the vehicle is violating the law. Sobriety checkpoints involve the stopping of vehicles without this showing. That’s why many states outlaw the sobriety checkpoints. An innocent driver’s constitutional rights may be violated by sobriety checkpoints.

Howard County DUI/DWI’s

In 2011, Howard County Police arrested 1,391 individuals for driving under the influence. In 2011, 25 percent of Howard County’s fatal collisions were alcohol related. Drinking and driving carries harsh penalties.

Howard County and Ellicott City DUI DWI Defense Lawyer

Attorney Jonathan Scott Smith is a top rated attorney and former prosecutor with more than 30 years of experience in criminal law and drunk driving cases. Before going into private practice, attorney Smith worked as a Maryland prosecutor and learned how the state prepares criminal matters. He has handled 1,000’s of drunk driving cases.

Mr. Smith’s extensive trial experience — and track record of successful results — 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 defense and DUI drunk driving attorneys in Columbia, Ellicott City, and Howard County.

Contact Our Office

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

Drinking and Walking Is Not a Crime, But Can Still Lead to Trouble in Maryland

DWI and DUI Defense in Columbia, Ellicott City, and Howard County, MD

While Driving While Impaired (DWI) and Driving Under the Influence (DUI) are crimes in Baltimore, and throughout Maryland, drinking and walking is not. However, recent events demonstrate that you must always be careful if you go out drinking, and it is best to have a designated driver or cab fare.

In December of 2011, a pedestrian was struck by a vehicle on Route 924. The pedestrian was only 23 years old and his death marked the 23rd highway fatality in Harford County in 2011. The pedestrian who was killed was suspected of being drunk and walking in the driving lane of the highway.

One common mistake many pedestrians make is they think because they can see cars and other motor vehicles clearly, that the oncoming vehicles can see them just as clearly. For those who drive, we know that is not the case. If you are walking or bicycling along a road or highway, you should wear bright clothing, reflective clothing if possible, so drivers can see you more easily.

If you go out drinking, be careful and appoint a designated driver, or at least think ahead and make taxi arrangements. If you do drive, remember, DUI and DWI charges are serious in Maryland.

If you are charged with drunk driving, it is important to retain a skilled criminal defense lawyer as soon as possible after being charged with a DUI or DWI, or other alcohol or drug related charge, in Maryland.

Attorney Jonathan Scott Smith is a top rated former criminal prosecutor, with over 30 years of courtroom experience. He has handled thousands of drunk driving cases. You can see what many satisfied clients have to say about the job he did for them. In addition, you can check the results in real cases he has handled.

Contact Our Office

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

Attorney Jonathan Scott Smith represents clients in criminal defense matters, DUI / DWI, MVA Hearings, and traffic offenses 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.

Defending Against False Allegations of Domestic Violence

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Accusations of domestic violence can have both criminal and civil consequences. Civilly you could be subjected to the restrictions of a domestic restraining order, also known as a protective order. And criminally you may face assault and/or battery charges.

If you are convicted of domestic abuse you can be fined and put in jail. Even if you aren’t convicted on a criminal charge you could be subject to a protection order that requires you to move out of your home and have no contact with your spouse or minor children. Civil domestic violence matters can also affect divorce and custody matters, and can result in serious consequences including:

  • Denial of custody of minor children
  • Protective orders against you
  • Mandatory participation in anger management or other treatment
  • Civil liberties restrictions
  • Surrender of firearms

If you have been falsely accused of domestic violence, you need to:

  • Understand the gravity of the situation and never assume that, because the charges are false, you will not be convicted.
  • Prepare for the expense of your defense. Your Maryland domestic violence defense attorney needs to build a strong defense, which may include costs to obtain records, serve subpoenas, and retain private investigators.
  • Document everything by writing down every detail you remember, possible witnesses, receipts and anything else related to the charges. The more information you can give your attorney, the more effective the defense he will be able to mount for you.
  • Know your rights. If you are not arrested, you are free to leave. If you have been arrested, you have a right to an attorney and to remain silent. Law enforcement is not on your side, and a simple explanation can end up causing more problems.

Talk to a Howard County criminal defense attorney today

Allegations of domestic violence, even if false, are very serious and you need to take such charges seriously. Contact Jonathan Scott Smith online or call 410-740-0101 to discuss your case.

Types of Hate Crimes

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A hate crime is a crime against a person or group that is motivated by the victim’s racial, religious, ethnic or gender group. For a criminal act to be a hate crime, it must meet any of the following criteria:

  • During the crime, racial, religious or ethnic statements are made
  • Hate group symbols are displayed
  • Motivation for the crime is to intimidate, harm or injure a particular group or organization
  • The victim perceives it to be a hate crime
    • Federal law covers hate crimes under civil rights statutes and provides for more severe sentencing on convictions if the defendant selected the victim because of:

      • Race
      • Color
      • Religion
      • National origin
      • Ethnicity
      • Gender
      • Disability
      • Sexual orientation

      In Maryland, it is against the law to:

      • Vandalize any religious property
      • Interfere by force or threat with anyone’s exercise of their religious beliefs
      • Damage or destroy anyone’s property because of their race or beliefs
      • Harass or commit a crime against any person because of their race, color, religious beliefs or national origin

      And the state of Maryland, like the federal government, includes more severe sentencing when a person is convicted of a hate crime.

      When you need a strong defense, contact a Howard County criminal defense attorney

      The very nature of a hate crime arouses enormous public outrage and media speculation. Unfortunately for the defendant in a hate crimes case, the negative publicity and public opinion can make it difficult to receive a fair trial. Merely being accused of such a crime can ruin your reputation, endanger your job and even splinter your family. And the need for an experienced Maryland criminal defense attorney is vital.

      If you have been accused of a hate crime contact Jonathan Scott Smith online or call 410-740-0101 to discuss your case with an attorney who fight aggressively for you.

What Is Domestic Violence in Maryland?

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Domestic violence laws apply to a wide range of behaviors committed by one intimate partner against another. But at its core, domestic violence is the use of force or duress by one person to control another. Following are the forms of domestic abuse with Maryland’s domestic violence law:

  • Physical abuse. This is defined as (1) an act that causes serious bodily harm, or (2) an act that places a person in fear of imminent serious bodily harm. This can include hitting, kicking, choking, grabbing, pinching, shoving, punching and using weapons against the victim.
  • Sexual abuse. This is forcing another to engage in sexual acts against their will and without their consent. It includes attempted or completed rape or sexual offenses.
  • Verbal threats. This includes threats of bodily harm.
  • False Imprisonment. This is the confinement or detention of a person against that person’s will, accomplished by force or threat of force, or deception.
  • Stalking. This is a malicious course of conduct that includes approaching or pursuing another where the person intends to place, or knows or reasonably should have known, the conduct would place another person in reasonable fear:
    • Of serious bodily injury; an assault; actual or attempted rape or sexual offense; false imprisonment; or death, or
    • That a third person likely will suffer any of the acts listed in the preceding paragraph.

A common misconception is that women are believed to be the majority of victims of domestic abuse. However, many men have also been victims of domestic abuse. Abuse can be frequent or infrequent, although typically it escalates over time and constitutes a pattern of behavior.

Contact a Columbia domestic violence defense attorney

If you have been charged with or are under investigation for domestic abuse, it is vital you retain an experienced Maryland criminal defense attorney immediately. A domestic abuse charge can result in your having to move out of your home and being denied contact with your children. Such a charge can also ruin your reputation and endanger your job. To talk to a lawyer who understands what is at stake, contact Jonathan Scott Smith online or call 410-740-0101 today to schedule a consultation.

Driver Accused of Road Rage Assault Found Not Guilty

Road Rage Incidents Between Cars and Bicycles

Drivers often have disagreements on the road,  and sometimes this results in accusations of road rage assault. Drivers and bicyclists can have difficulty sharing the road. Under Maryland law bicyclists are subject to the same responsibilities and “rules of the road” as drivers of motor vehicles. Sometimes drivers are falsely accused of road rage offenses, including use of a motor vehicle to commit an assault or reckless driving. That’s when it’s important to know that every  person accused of any criminal or traffic violation has the right to be represented by an experienced lawyer, and the right to a trial.

Driver Found Not Guilty of Assaulting Bicyclist

In a recent case, a car driver was charged with Second Degree Assault and Reckless Driving in the District Court for Howard County, based on a claim of road rage assault. A bicyclist accused the driver of exchanging words from a traffic dispute, and then abrupty swerving onto the shoulder and slamming on his brakes in front of the bicycle, causing it to collide with the back of the car. The bicyclist was thrown from his bike, and sustained injuries.

Columbia criminal defense lawyer Jonathan Scott Smith aggressively defended the car driver. The prosecutor asked the driver to plead guilty to Second Degree Assault and serve 30 days in jail for road rage assault. Mr. Smith strongly urged the client to reject the plea offer and fight the case at trial. When the plea offer was rejected, the prosecutor retaliated and stated she would request 6 months in jail if the driver was convicted.

The case went to trial in the District Court for Howard County, located in Ellicott City, Maryland. Mr. Smith vigorously cross examined the bicyclist, who reluctantly admitted that he had yelled at the car driver and gave the driver the “middle finger.” Mr. Smith also played a 911 recording, confirming that the accused had called 911 to obtain assistance for the bicyclist, who was heard in the background engaging in a tirade of obscenities toward the driver. Mr. Smith used photographs of the road and forced the bicyclist to admit that he in fact was violating the traffic laws.

The car driver was found not guilty of Second Degree Assault and Reckless Driving.

Howard County, Columbia and Ellicott City Criminal Lawyer

Dealing with criminal charges, including accusations of road rage assault, can be daunting and emotionally stressful. And regardless of the circumstances of your case, you have a right to legal counsel and representation. Further, an arrest or accusation does not mean you will be found guilty.

Mr. Smith’s extensive trial experience — and track record of successful results in road rage, assault, 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.

You need an experienced and skilled criminal defense attorney who understands the legal process and can mount an effective defense. Contact us online or call us at 410-740-0101 to schedule a consultation to discuss your case.

Man Cleared of Repeat DUI Offender Charges

Man Faced Repeat DUI Offender Charges

A 28 year old owner and manager of an entertainment business was stopped for speeding on Route 29 in Howard County. The police officer smelled a moderate odor of alcohol and asked the driver to perform Standard Field Sobriety Tests. The  driver knew he wasn’t drunk and refused to perform the field tests. The police officer arrested him and then asked the man to submit to a breathalyzer, which he also refused because he didn’t think there was adequate probable cause for the arrest.

Being arrested and charged with DUI is frightening enough, but being charged with a repeat drunk driving offense means you may not only lose your driver’s license, but go to jail. That’s why it’s so important to be represented by an experienced DUI lawyer. You need to know how to select an experienced and qualified DUI lawyer.

Repeat DUI Offender Charges Dismissed

The driver had been represented successfully in the past by Jonathan Scott Smith, an experienced DUI attorney in Columbia, Maryland, who has more than 30 years of successful experience. Knowing the stakes, he retained Mr. Smith to defend him again on the repeat DUI offender charges. Mr. Smith advised the client to refuse all plea bargain offers and present an aggressive defense. The case was heard in the District Court for Howard County, located in Ellicott City. Ultimately, the prosecutor realized that there was insufficient evidence of drunk driving and dismissed the repeat DUI offender charges.

Ellicott City and Columbia DUI Defense Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience, including DUI/DWI and drunk driving cases. Attorney Smith has handled thousands of DUI/DWI, drunk driving, and other criminal cases in the local courts, including Howard County. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in DUI/DWI, drunk driving, and other criminal cases — has earned him the recognition of the legal community, 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 defense attorneys in Howard County.

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 Georges (Prince George) County, Howard County and Montgomery County, MD.

Contact Us

To schedule an appointment with an experienced DUI lawyer and criminal defense attorney, 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.

Maryland Senate Okays Use of Medical Marijuana, with a Caveat; Legislation heads to House of Delegates for Floor Vote

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The state of Maryland recently moved a few steps closer to giving medical marijuana patients an affirmative defense to criminal marijuana possession charges. In a landslide vote in late March, the state senate approved Senate Bill 308.

The legislation amends the 2003 Darrel Putnam Compassionate Act, a law that allows a defendant to invoke a medical necessity defense, but only to limit jail time. Under the Putnam legislation, qualified patients could still be convicted and have the misdemeanor conviction posted on their criminal record, but their maximum fine would be up to $100.

Under the proposed legislation, patients with “clear and convincing evidence” of their need to use medical marijuana cannot be found guilty nor fined $100. But, unlike in other states with medical marijuana statutes, patients in Maryland are not immune from arrest and prosecution. They must still defend their marijuana use in court.

Another aspect of SB 308 is that it does not include provisions regarding the growing of marijuana or purchasing of it in a dispensary. However, the proposed legislation does call for a study group to investigate more comprehensive medical marijuana use laws for 2012.

Meanwhile, the Maryland House of Delegates overwhelmingly passed HB 291 recently. That bill calls for the creation of an 18-member panel to advise the legislature on the best way to create a medical marijuana program in 2012.

Medical marijuana is permitted in 13 states and the District of Columbia. Other states, including Delaware and Connecticut, are currently considering legislation to allow its use under tightly controlled conditions. Such laws already exist in Rhode Island and New Jersey, where medical marijuana distribution centers were recently licensed by the state and are slated for opening later this year.

If you are charged with criminal marijuana possession charges, or need an experienced and aggressive criminal defense lawyer, contact us or call Jonathan Scott Smith now: 410-740-0101.

Security Specialist Cleared of Driving While Suspended

Driver Charged with Driving While Suspended

A 45-year old security specialist was charged with driving while license is suspended. The client, who had a high level security clearance, received a speeding ticket and failed to pay the ticket or appear in court on the scheduled trial date. He was later stopped and arrested for Driving While Suspended, after a Howard County police officer ran a routine check of his car’s registration plate.

What are the Penalties for Driving While Suspended in Maryland?

Most violations of Maryland’s traffic laws for driving while license suspended carry penalties of a fine up to $1,000.00 and imprisonment up to 1 year, or both. However, if the reason that the license was suspended was the driver’s failure to pay a citation or court fine, the penalties can be a fine up to $500.00 and imprisonment up to 2 months, or both.

Driver’s License Suspended for Failure to Pay Citation or Appear in Court

In many cases, drivers receive traffic citations and forget to pay them promptly, or appear in court when the ticket is scheduled for trial. When this happens, the Maryland Motor Vehicle Administration mails a notice of suspension, notifying the driver that his driver’s license will be suspended if the ticket isn’t paid within  15 days.

Sometimes drivers don’t receive the suspension notice from the MVA and they don’t know their license is suspended. Later, they are stopped for an unrelated reason, the police officer runs their name through the MVA computer, and they are arrested and charged with driving while suspended when the MVA record shows a suspended driver’s license. However, a driver cannot be convicted if the driver did not know that the driver’s license was suspended.

Driving While License Suspended Charges Dismissed

In this case, the security specialist had a history of misdeliveries by the post office and he didn’t know that his license was suspended. The client possessed a high level security clearance, and any conviction would have had a devastating impact on his employment. The client retained Jonathan Scott Smith, of the Smith Criminal Defense Firm, to defend against the charges. The case was heard in the District Court for Howard County. All charges were dismissed, and the client was relieved to know that this obstacle to his career was removed.

Top Rated Howard County, Columbia, and Ellicott City Traffic Ticket Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years ofextensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including cases involving driving while suspended and driving while license is suspended. 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 driving while suspended and driving while license is suspended cases, 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 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 Georges (Prince George) County, Howard County and Montgomery County, MD.

Woman Not Guilty of Domestic Violence

Woman Charged with Domestic Violence
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A 30-year old Columbia mother was charged with Second Degree Assault (domestic violence) arising out of allegations by her separated husband that she repeatedly pushed, shoved, and struck him after he arrived to drop off their minor daughter. The husband claimed the mother was intoxicated, and that is why he refused to leave the child for scheduled time with her mother. Every person charged with a crime, including domestic assault or domestic violence abuse, is presumed to be innocent.

What is Domestic Abuse?

Domestic violence, also known as domestic abuse, has been defined as a pattern of abusive behavior against another person in an intimate relationship. It includes physical acts such as assault, as well as threats of physical violence; sexual and emotional abuse; and controlling behavior.

Domestic Violence Charges not Proven at Trial

Jonathan Scott Smith of the Smith Criminal Defense Firm in Columbia, Maryland strongly urged the mother accused of domestic violence to refuse all plea bargain offers and fight the case at trial. She plead not guilty, and proceeded to trial in Howard County District Court. The judge concluded that the prosecution had failed to prove her guilty and found the accused mother not guilty.

Howard County Domestic Violence 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 domestic violence, domestic assault, and domestic violence abuse 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.

Top Rated Columbia and Ellicott City Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in domestic violence, domestic assault, and domestic abuse, 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 Our Office

To schedule an appointment with an experienced domestic violence attorney and 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 domestic violence, domestic assault, other criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses,  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