Jonathan Smith

The Different Types of Field Sobriety Tests

August 12, 2022 by Jonathan Smith

The Ways a Police Officer Can Establish Probable Cause in a DUI/DWI Case

In Maryland, as in other states, when a police officer pulls you over for speeding, running a red light or other traffic infractions, he or she may look for evidence that you are intoxicated or under the influence of drugs. One of the common ways that a law enforcement officer will look to establish probable cause that you have been drinking before you got behind the wheel is with what is known as a “field sobriety test.” There are three field sobriety tests commonly used by police officers in Maryland:

The one-leg stand test: You will be asked to stand on one leg and count to a certain number (usually between 15 and 30), while the officer looks for evidence of instability caused by alcohol or drugs. Of course, many people cannot pass this test because of physical conditioning (or lack thereof).
The horizontal gaze nystagmus test: The officer will hold an object in front of your face and move it from side to side (typically a light or a pencil). The officer will watch your eyes to see if they jerk back and forth, supposedly an indication of intoxication.
The walk and turn test: You’ll be asked to walk “heel-to-toe,” often both forward and backward. You may also be asked to turn left, right or completely around. The officer is looking for a failure to follow directions or some clumsiness in your gait.

Proven Maryland DUI/DWI Defense Lawyer

For more than three decades, attorney Jonathan Scott Smith has protected the constitutional rights of criminal defendants across Baltimore and through out the state of Maryland, including people charged with DUI or DWI. Super Lawyers has named him among the top 100 lawyers in Maryland and The American Lawyer Magazine has also listed him as a Top-Rated Lawyer.

Jonathan has maintained an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System for more than 34 years. He has also received Martindale-Hubbell’s coveted Client Distinction Award, an honor earned by less than 4% of all attorneys in Maryland. He enjoys 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 thorough understanding of Maryland criminal law and procedure, and has considerable experience successfully handling a wide range of criminal cases. 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.

Aggressive Anne Arundel County Drunk Driving Defense Attorney

At the law offices of Jonathan Scott Smith, we fight for the rights of criminal defendants throughout Baltimore County and the surrounding communities. 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.

Filed Under: Drunk Driving in Maryland Tagged With: The Different Types of Field Sobriety Tests

Violation of Protective Orders in Maryland

July 18, 2022 by Jonathan Smith

The Potential Consequences of Violating the Terms of a Restraining Order

In Maryland, protective orders can be put in place for many reasons, often in connection with allegations or findings of domestic violence or abuse. Any violation of the terms of a protective order can be considered contempt of court, and can subject you to an arrest warrant. Typically, when a person has acted contrary to the terms of a protective order, the person being protected has the right to call law enforcement officers, who will typically investigate. If there’s probable cause to believe that the order has been violated, the offender may be arrested, and could face fines and/or jail time.

There may, however, be additional consequences for such actions. If you are a party to a divorce proceeding or are a non-custodial parent, you may face sanctions, such as limitation of visitation.

AV-Rated Baltimore Criminal Defense Lawyer

Attorney Jonathan Scott Smith has more than three decades of experience successfully protecting the rights of DWI/DUI defendants across the Baltimore metro area and the state of Maryland. He has been awarded an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System by fellow members of the Maryland bar for more than 34 years. He has been listed among the top 100 lawyers in Maryland listed by Super Lawyers as well as 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 attorneys listed in Martindale-Hubbell’s directory.

Over the past 30+ years, attorney Smith has successfully handled the defense of a wide range of criminal charges, including cases involving prosecution for domestic violence. He will aggressively protect your constitutional rights and fully investigate your case to determine whether police and prosecutors follow proper procedures when gathering evidence. He’ll carefully interview all potential witnesses, so that he can prepare and present the most compelling arguments in your defense at trial.

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.

Effective Howard County Criminal Defense Lawyer

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

Filed Under: Domestic Violence in Maryland Tagged With: Violation of Protective Orders in Maryland

Things You Need to Know about Your Maryland MVA Hearing

July 11, 2022 by Jonathan Smith

Determining the Impact on Your Driving Privileges after a DUI/DWI

When you have been arrested and charged with drinking and driving in Maryland, you’ll have go through two separate legal proceedings: the criminal prosecution to determine guilt or innocence and assess penalties; and the MVA (Motor Vehicle Administration) hearing to establish the impact on your right to drive. Here are some important things to know about the DMV proceeding:

You can expect the hearing to take place within four to six weeks from the date you request it—you must make the request within 30 days of your detention and arrest
You may be able to postpone the hearing, provide you submit a written request at least five days before the scheduled date
If you miss the hearing, a suspension or revocation will automatically be put in place
You can appeal the decision of the administrative law judge at the hearing, but must do so within 30 days of the hearing
After the administrative law judge makes his or her ruling, the MVA will be notified of the decision. If you have not already surrendered your drivers’ license and are ordered to do so, you must immediately bring it to an MVA branch office. Your suspension will not start until you turn in your license.

Experienced Maryland Drunk Driving Defense Attorney

For more than 30 years, attorney Jonathan Scott Smith has fought for the constitutional rights of criminal defendants across Baltimore and through out the state of Maryland, including people charged with drinking and driving. Super Lawyers has named him among the top 100 lawyers in Maryland and The American Lawyer Magazine has also listed him as a Top-Rated Lawyer.

Jonathan has maintained an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System for more than 34 years. He has also received Martindale-Hubbell’s coveted Client Distinction Award, an honor earned by less than 4% of all attorneys in Maryland .He enjoys 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 respected trial lawyer, Jonathan has a thorough understanding of Maryland criminal law and procedure, and has considerable experience successfully handling a wide range of criminal cases .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.

Proven Baltimore County DUI/DWI Defense Lawyer

Filed Under: MVA Hearing Tagged With: Maryland MVA Hearing

Maryland Man Found Guilty in Murder-for-Hire

June 8, 2022 by Jonathan Smith

Defendant Put Out Contract in Drug-Related Matter

A 36-year-old Maryland man has been convicted in federal court of a number of crimes, including murder-for-hire, related to the deaths of three people in rural Pennsylvania in 2016. Kevin Coles, a native of Hagerstown, is alleged to have put out a contract on his girlfriend, Wendy Chaney, after he learned that she was cooperating with federal authorities in a criminal investigation into a drug distribution operation he ran. Authorities say that Coles worked through intermediaries to recruit and hire members of the Baltimore gang known as the “Guerilla Family,” who traveled to a barn in rural Pennsylvania, where they found Chaney, zip-tied her hands behind her back and shot her in the head. Two others, who happened to be at the farm when the killers found Chaney, were also killed.

AV-Rated Maryland Criminal Defense Lawyer

Attorney Jonathan Scott Smith has more than 30 years of experience successfully protecting the rights of DWI/DUI defendants across the Baltimore metro area and the state of Maryland. He has been awarded an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System by fellow members of the Maryland bar for more than 34 years. He has been listed among the top 100 lawyers in Maryland listed by SuperLawyers as well as 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 attorneys listed in Martindale-Hubbell’s directory.

Over the past 30+ years, attorney Smith has successfully handled the defense of a wide range of criminal charges, including cases involving prosecution for violent crimes. He will aggressively protect your constitutional rights and fully investigate your case to determine whether police and prosecutors follow proper procedures when gathering evidence. He’ll carefully interview all potential witnesses, so that he can prepare and present the most compelling arguments in your defense at trial.

Effective Maryland Criminal Attorney

Filed Under: Criminal Offenses in Maryland Tagged With: Guilty in Murder-for-Hire

Baltimore Police Cleared in Fatal Shooting

June 1, 2022 by Jonathan Smith

State Attorney’s Office Finds “Probable Cause” of Serious Harm

Three Baltimore law enforcement officers, all still current members of the force, will not face prosecution for the death of a 35-year-old man on February 21, 2021. The officers were in pursuit of the victim, Benjamin Tyson, believing him to be a suspect in the shooting of a 23-year-old man earlier that night. When police approached him on the ramp of the Harbor Parking Garage, they say he pulled out a gun. They responded with gunfire, killing him almost instantaneously. Police believe that Tyson could not fire at the police officers because his gun had jammed.

The State’s Attorney’s Office conducted an extensive investigation of the case and concluded that the officers had “probable cause to believe their lives were in imminent threat of serious harm or death.”

Proven Baltimore County Criminal Lawyer

For over three decades, attorney Jonathan Scott Smith has protected the constitutional rights of criminal defendants across Baltimore and throughout the state of Maryland, including people charged with assault or other violent crimes. SuperLawyers has named him among the top 100 lawyers in Maryland and The American Lawyer Magazine has also listed him as a Top-Rated Lawyer.

A respected trial attorney, Jonathan has a thorough understanding of Maryland criminal law and procedure, and has considerable experience successfully handling a wide range of criminal cases. 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.

Aggressive Maryland Criminal Defense Attorney

Filed Under: Criminal Defense Tagged With: Fatal Shooting

The Potential Penalties for Drunk Driving in Maryland

May 10, 2022 by Jonathan Smith

The Possible Consequences of a Conviction for DUI or DWI

In Maryland, as in other states, when you have been arrested and charged with operating a vehicle while under the influence (DUI) or while impaired (DWI), you will be subjected to both an administrative proceeding and a criminal prosecution. The administrative proceeding will be conducted by the Maryland Motor Vehicle Administration (MVA), whereas the criminal prosecution will take place in the state court system.

The purpose of the administrative hearing is to determine the status of your driving privileges. You must request a hearing with the MVA within thirty days of your arrest or your license will automatically be suspended. Furthermore, if you don’t want your license suspended before the administrative hearing, you must ask for the review within 10 days of the traffic stop. In some situations, in lieu of suspension, you may ask the court to allow you to participate in the state’s ignition interlock program. The judge will have the discretion to grant or deny that request.

The objective of the criminal prosecution is to establish guilt or innocence and determine criminal sanctions. The penalties for conviction may include fines of $500 to $5,000, as well as jail/prison terms ranging from two months to five years.

AV-Rated Maryland DUI/DWI Defense Lawyer

Attorney Jonathan Scott Smith has more than three decades of experience successfully protecting the rights of DWI/DUI defendants across the Baltimore metro area and the state of Maryland. He has been awarded an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System by fellow members of the Maryland bar every year since 1988. He has also been listed among the top 100 lawyers in Maryland listed by SuperLawyers as well as a Top-Rated Lawyer by The American Lawyer Magazine. He has holds Martindale- Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed in Martindale-Hubbell’s directory.

Over the past 30+ years, attorney Smith has successfully handled the defense of a wide range of criminal charges, including allegations of DUI and DWI. He will aggressively protect your constitutional rights and fully investigate your case to determine whether police and prosecutors follow proper procedures when gathering evidence. He’ll carefully interview all potential witnesses, so that he can prepare and present the most compelling arguments in your defense at trial.

Results-Oriented Maryland DWI/DUI Defense Attorney

Filed Under: Drunk Driving in Maryland Tagged With: Conviction for DUI or DWI

DWI or DUI? What’s the Difference in Maryland?

May 4, 2022 by Jonathan Smith

What Are the Requirements? What Are the Potential Penalties?

In many states, the terms “DUI” and “DWI” are used interchangeably to refer to virtually any charge involving drinking and driving. In Maryland, however, they refer to two distinction violations of the law.

Drive while impaired, or “DWI,” is the least serious of the drunk-driving offenses in Maryland. A person will generally be charged with driving while impaired if his or her blood alcohol concentration (BAC) is above .07%, but below .08%. In those situations, the decision to charge a person with a DWI is typically based on other signs of impairment, including the failure of a field sobriety test or visible evidence or impaired driving. Conviction on a DWI charge can lead to a 60-day jail term and a $500 fine for a first conviction, with the jail term extended to 12 months for subsequent convictions.

Driving under the influence (DUI), on the other hand, involves a traffic stop where the driver registers a BAC of .08% or higher. A first-time offender may potentially face a fine of $1,000 and a one-year jail sentence, and penalties for subsequent convictions may be as high as $5,000 and five years in prison. A DUI conviction will also typically lead to the accumulation of points on your driving record, which customarily leads, in turn, to increased insurance premiums.

Proven Carroll County Drunk Driving Defense Lawyer

For more than 30 years, attorney Jonathan Scott Smith has tenaciously fought for the rights of criminal defendants across Baltimore and throughout the state of Maryland, including people charged with DWI or DUI. SuperLawyers lists him among the top 100 lawyers in Maryland and The American Lawyer Magazine has also named him a Top-Rated Lawyer.

Jonathan carries an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review

Rating System every year since 1988. He has also received Martindale-Hubbell’s coveted Client Distinction Award, given to less than 4% of all attorneys in Maryland. He enjoys 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 respected trial attorney, Jonathan brings an extensive knowledge of Maryland criminal law and procedure to every case, as well as considerable experience successfully handling a wide range of criminal cases. 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.

Proven Baltimore County Criminal Defense Attorney

Filed Under: DUI, DWI Tagged With: Difference between DUI and DWI

What to Do When You Have Been Stopped for Suspicion of Drunk Driving

April 10, 2022 by Jonathan Smith

Minimizing the Potential Consequences of a DUI in Maryland

When you have been pulled over in Baltimore or anywhere in Maryland and police suspect that you have been driving under the influence of alcohol, there are some things you can do to minimize the risk of a blood alcohol test and a DUI charge:

Stay calm and be polite—You don’t want to give the police officer any obvious reason to ask that you take a blood alcohol test
Remember that the officer must have probable cause to pull you over—It’s okay to ask why you were stopped. The officer must have observed you driving erratically, or must have seen some other traffic or motor vehicle violation.
Let the officer do most of the talking—Respond to the officer’s questions with short and succinct answers. Don’t volunteer any more information than is necessary.
Stay in your car—The officer may ask you to get out of your vehicle, so that he or she can conduct field sobriety tests. You do not have to do this. Politely say no. You can be arrested, whether you take the tests or not, so there’s little benefit to you in doing so.
Decline to take a roadside breath test—By law in Maryland, you can refuse to take a roadside test. Furthermore, your refusal to take the test cannot be used against you in court. If you are taken into the police station, you can still refuse to take a breath test, but the consequences of doing so are more severe.

AV-Rated Montgomery County DUI/DWI Defense Lawyer

Attorney Jonathan Scott Smith brings over 30 years of proven experience to DWI/DUI defendants across the Baltimore metro area and the state of Maryland. He has received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from other members of the Maryland bar every year since 1988. Jonathan has been listed among the top 100 lawyers in Maryland listed by SuperLawyers and has been designated a Top-Rated Lawyer by The American Lawyer Magazine. He has holds Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed in Martindale-Hubbell’s directory.

Over the past 30+ years, attorney Smith has successfully handled the defense of a wide range of criminal charges, including driving while impaired and driving under the influence. He knows how to protect your constitutional rights and will carefully investigate your case to confirm that police and prosecutors follow all required procedures when gathering evidence. He’ll aggressively question all potential witnesses, so that he can prepare and present the most persuasive arguments in your defense at trial.

Results-Oriented Maryland Drunk Driving Defense Attorney

Filed Under: Drunk Driving Tagged With: Suspicion of Drunk Driving

Controlled Dangerous Substances in Maryland

April 1, 2022 by Jonathan Smith

The Maryland Laws Governing Illegal Drugs

The state of Maryland takes a somewhat unique approach to the criminalization of illegal drugs, identifying an illegal drug as a “controlled dangerous substance,” or CDS. All controlled dangerous substances are then categorized into 5 schedules, based on the recognized medical value and the likelihood of abuse. Those which are most susceptible to misuse and have the least proven medical benefit fall under Schedule I, and those with the most medical value and least risk of addiction or abuse are in Schedule V.

The Penalties Associated with Controlled Dangerous Substances

As a general rule, the penalties are most severe for crimes involving Schedule I and II drugs, and become less onerous with Schedule III, IV and V substances. For example, conviction of a Schedule I offense may result in up to 20 years of incarceration and a fine of as much as $25,000. The most severe penalties for Schedule III, IV and V crimes is five years in prison and a $15,000 fine.

Proven Baltimore Drug Crimes Lawyer

For more than 30 years, attorney Jonathan Scott Smith has zealously protected the rights of criminal defendants across Baltimore and throughout the state of Maryland, including many people facing prosecution for DWI or DUI. SuperLawyers lists him among the top 100 lawyers in Maryland and The American Lawyer Magazine has also named him a Top-Rated Lawyer.

Jonathan has received an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also earned Martindale-Hubbell’s coveted Client Distinction Award, given to less than 4% of all attorneys in Maryland. He enjoys 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 proven trial attorney, Jonathan brings an extensive knowledge of criminal law and procedure to every case, as well as considerable experience successfully handling a wide range of criminal matters. 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.

Experienced Criminal Defense Lawyer in the Greater Baltimore Area

Filed Under: Controlled Dangerous Substances Tagged With: Illegal Drugs

The Consequences of a Repeat DUI/DWI Conviction in Maryland

March 10, 2022 by Jonathan Smith

Potential Penalties for Subsequent Drunk Driving Convictions

In Maryland, if you are arrested, charged with and convicted of driving while impaired (DWI) or driving under the influence (DUI), and you have a previous conviction for the same offense within the last five years, there are two immediate consequences:

Your driving privileges will automatically be suspended for one year
At the completion of your suspension, you will be required to have an ignition interlock installed in your car for a period of one year

What Is an Ignition Interlock?

An ignition interlock requires that the submit to a blood alcohol test before your car will operate. When you have an ignition interlock installed, you must breathe into the device before you can start your car. If you test above the accepted level set on the device, your engine will not turn over.

AV-Rated Carroll County Drunk Driving Defense Attorney

Attorney Jonathan Scott Smith brings over 30 years of proven experience to drunk driving defendants across the Baltimore metro area and the state of Maryland. He has received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from other members of the Maryland bar every year since 1988. Jonathan has been listed among the top 100 lawyers in Maryland listed by SuperLawyers and has been designated a Top-Rated Lawyer by The American Lawyer Magazine. He has holds Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed in Martindale-Hubbell’s directory.

Proven Maryland DUI/DWI Defense Lawyer

Filed Under: DUI, DWI Tagged With: Consequences of a Repeat DUI/DWI Conviction

Jonathan Scott Smith Criminal Defense Firm

The Ways a Police Officer Can Establish Probable Cause in a DUI/DWI Case

Proven Maryland DUI/DWI Defense Lawyer

Aggressive Anne Arundel County Drunk Driving Defense Attorney

The Potential Consequences of Violating the Terms of a Restraining Order

AV-Rated Baltimore Criminal Defense Lawyer

Effective Howard County Criminal Defense Lawyer

Determining the Impact on Your Driving Privileges after a DUI/DWI

Experienced Maryland Drunk Driving Defense Attorney

Proven Baltimore County DUI/DWI Defense Lawyer

Defendant Put Out Contract in Drug-Related Matter

AV-Rated Maryland Criminal Defense Lawyer

Effective Maryland Criminal Attorney

State Attorney’s Office Finds “Probable Cause” of Serious Harm

Proven Baltimore County Criminal Lawyer

Aggressive Maryland Criminal Defense Attorney

The Possible Consequences of a Conviction for DUI or DWI

AV-Rated Maryland DUI/DWI Defense Lawyer

Results-Oriented Maryland DWI/DUI Defense Attorney

What Are the Requirements? What Are the Potential Penalties?

Proven Carroll County Drunk Driving Defense Lawyer

Proven Baltimore County Criminal Defense Attorney

Minimizing the Potential Consequences of a DUI in Maryland

AV-Rated Montgomery County DUI/DWI Defense Lawyer

Results-Oriented Maryland Drunk Driving Defense Attorney

The Maryland Laws Governing Illegal Drugs

The Penalties Associated with Controlled Dangerous Substances

Proven Baltimore Drug Crimes Lawyer

Experienced Criminal Defense Lawyer in the Greater Baltimore Area

Potential Penalties for Subsequent Drunk Driving Convictions

What Is an Ignition Interlock?

AV-Rated Carroll County Drunk Driving Defense Attorney

Proven Maryland DUI/DWI Defense Lawyer

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