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Archives for July 2011

The Importance of Motor Vehicle Administration (MVA) Hearings

July 25, 2011 by

If you have been arrested on a Maryland DUI/DWI you must act quickly to avoid losing your license. An experienced criminal law attorney can help you challenge an automatic license suspension through a Motor Vehicle Administration hearing.

The MVA Process

If you have been charged with a DUI/DWI, you have 10 days from the date of your arrest to request an MVA hearing to retain your driving privileges until the hearing date. If you fail to request an MVA hearing within that 10-day period, your driver’s license is automatically suspended. Although you may represent yourself at the MVA hearing, having an attorney knowledgeable in the license suspension process improves your chances of maintaining some or all of your driving privileges.

An administrative law judge (ALJ) conducts the hearing and reviews all the evidence against you from the arresting officer and hears testimony regarding your arrest. You are also allowed to present evidence and give testimony on your behalf. You may also present witnesses, who are subpoenaed to testify on your behalf.

After reviewing all the presented evidence, the ALJ makes a final decision on the following issues:

  • Was probable cause established by the arresting officer?
  • Was proper procedure followed by the arresting officer?
  • Did the defendant submit to or refuse a chemical test?

If the ALJ decides the evidence warrants your license suspension, then the license suspension is upheld. In the case of a suspension, you may be eligible for a restricted permit. If the ALJ decides in your favor, your license is reinstated.

If you have been charged with a DUI/DWI, you should retain an experienced attorney who understands the Maryland administrative hearing process. Contact Jonathan Scott Smith online or call us at 410-740-0101 to discuss your MVA hearing.

Filed Under: Drunk Driving, DUI, DWI, MVA Hearing Tagged With: , , , , , , , , , , , , , , , ,

Protective Order for Domestic Violence Overturned on Appeal

July 18, 2011 by

A protective order for domestic violence was entered by the District Court for Howard County against a 33 year old analyst after his estranged wife filed a petition requesting a restraining order based on alleged domestic violence and domestic assault. The husband appealed, knowing that he had done nothing wrong. Under Maryland law, an appeal is heard in the Circuit Court “de novo,” meaning a new trial as if the first one had never taken place. The client was represented by a different lawyer in the unsuccessful first trial, and knew he needed an experienced Howard County domestic violence lawyer for the appeal. That’s why he retained Jonathan Scott Smith, an aggressive former prosecutor with more than 30 years of courtroom experience with a track record of successful results.

Maryland family law permits a person to file a petition and obtain a protective order if there is clear and convincing evidence of “abuse.” Abuse means an act that causes serious bodily harm; an act that places a person in fear of imminent serious bodily harm; assault in any degree; rape or sexual offense; false imprisonment; and stalking. A court may grant a wide range of relief, including: an order to leave the home; an order not to abuse, contact, or harass; an order to stay away from the victim’s residence and work, and the children’s school and child care provider. In addition, the court may grant exclusive use and possession of the family home and vehicle, custody, child access, and emergency family maintenance.

In many cases, the protective order law is abused by people who want to end their marriage and manipulate the legal process to gain an unfair advantage in divorce and custody cases. In the current case, the wife acknowledged that she wanted out of the marriage. She filed for a protective order after leaving the family home, and admitted under cross examination that she not only wanted custody, but to have the child “all the time.”

The wife claimed a long history of alleged abuse and injuries. However, there wasn’t any corroborating evidence. Under extensive questioning by Mr. Smith, she admitted she had never been treated by a hospital or doctor; the police had never been called to the home; there weren’t any witnesses; and there weren’t any photographs of any injuries. In fact, the woman even admitted that she continued living with her husband and sleeping in the same bed after the last alleged incident of abuse. Her claims were also contradicted by testimony she had given earlier, and even by her own petition signed under oath.

The case was heard in the Circuit Court for Howard County. After hours of testimony and argument, the judge concluded that there wasn’t clear and convincing evidence of domestic violence and denied the protective order.

If you or a loved one are falsely accused of domestic violence or domestic assault, and someone is seeking a restraining order or protective order, call Jonathan Scott Smith now 410-740-0101 or contact his office online for immediate help.

Filed Under: Domestic Assault, Domestic Violence, domestic violence attorney, domestic violence lawyer, Peace Order, Restraining Order

Man Cleared of Repeat DUI Offender Charges

July 7, 2011 by

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 offenses, domestic 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.

Filed Under: criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, Drunk Driving, DUI, DWI

Resident Alien Avoids Deportation Based on Conviction for Domestic Violence

July 5, 2011 by

Deportation Based on Conviction for Domestic Violence

The federal immigration law provides that any alien is subject to deportation based on a conviction for domestic violence, i.e. if the alien has a conviction of “a crime of domestic violence.” The term “crime of domestic violence” means any crime of violence committed by a current or former spouse, a person who shares a child in common, or a cohabitant. The term “crime of violence” is defined broadly, and includes “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” Conviction also is broadly defined and includes a “formal judgment of guilt” even “if adjudication of guilt has been withheld.”

Criminal Lawyer Obtains Dismissal of Domestic Violence Charges against Woman

Many domestic violence arrests occur when spouses have an argument, some pushing or hitting occurs, police are called, and there is some evidence of injury, no matter how minor. For people who are not United States citizens, a conviction for domestic violence has catastrophic consequences because they will be subject to deportation.

Such was the case recently when a 41 year old computer scientist was arrested after a domestic dispute with her husband. The husband threw an object at his wife, striking her. When she understandably became upset, the husband physically restrained her. During the incident, the husband received small scratches and called police. Since the husband had evidence of minor injuries, the wife was arrested and charged with Second Degree Assault.

The wife retained Jonathan Scott Smith of the Smith Criminal Defense Firm. Mr. Smith, a Howard County criminal defense lawyer and former prosecutor with over 30 years of courtroom experience, understood the serious consequences of a conviction for domestic violence, including deportation. Mr. Smith handles domestic violence cases, and he undertook an aggressive defense. The case was heard in the District Court for Baltimore City. Fortunately, the prosecutor recognized that the husband was the one who initially committed an assault and dismissed the case. The wife avoided deportation based on conviction for domestic violence.

Highly Rated Howard County Criminal Lawyer

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

Contact Us

If you are a resident alien facing a criminal charge, including domestic violence, you need an experienced and aggressive criminal defense attorney and former prosecutor to fight for you. Call Mr. Smith now at 410-740-0101 or contact us online.

Filed Under: Assault, criminal defense lawyer, defense attorney, deportation, Domestic Assault, Domestic Violence

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