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Man Charged with High School Assault 2

April 8, 2012 by

Student Allegedly Assaulted

Howard County Police charged a Baltimore man with coming onto Long Reach High School in Columbia and assaulting a student. He was charged with second degree assault and disorderly conduct. An onlooker videotaped the incident and posted the video online.

What is Assault?

Under Maryland law, a second degree assault (also known as assault 2) occurs when someone places the victim in reasonable fear of an imminent harmful or offensive touching, and the actor has the present apparent ability to carry out the threat. Assault also includes the consummated act of battery, which is an intentional harmful or offensive touching. Domestic assault and domestic violence assault are two examples of assault.

Penalties for Assault

Second degree assault is a misdemeanor. If convicted, the court may impose a sentence up to 10 years imprisonment, a $10,000.00 fine, or both.

Ellicott City and Columbia Assault Lawyer

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

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in 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 defense attorneys in Howard County.

Attorney Jonathan Scott Smith represents clients in assault and other 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 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.

 

Filed Under: Assault, Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Domestic Assault, Domestic Violence, Uncategorized Tagged With: , , , , , , , , , , , , , , , , , , , , ,

Student Not Guilty of Possession of Drugs and Deadly Weapons

April 1, 2012 by

Drug Possession and Deadly Weapons

A 21-year old student was stopped by a Howard County for a cracked windshield. After being stopped, the driver was asked repeatedly whether he had anything illegal in the car. The police officer stated that the student might as well be honest, because the officer was going to search the car anyway.

Car Search Results in Marijuana and Deadly Weapons

The student then admitted having a marijuana pipe. The police officer ordered the driver out of the car, placed him under arrest, and searched the car, seizing marijuana, drug paraphernalia, and a hatchet and several knives (deadly weapons). The student, however, was found not guilty of all charges in the District Court for Howard County.

Most deadly weapon and drug possession charges result in plea bargains. But someone charged with possession of drugs and deadly weapon charges should have an experienced criminal lawyer or drug possession attorney defend them.

Driver Not Guilty of Drug Possession and Deadly Weapon Charges

In this case, Jonathan Scott Smith, an experienced Columbia criminal lawyer, represented the student. He refused a plea bargain offer and took the case to trial. On cross examination, the police officer admitted that the student had not committed any moving violations. The officer could not describe the location or size of the alleged windshield crack, and never issued a repair order for such a violation. The judge agreed that the police officer lacked legal cause to stop the car, and suppressed all evidence, including the marijuana, drug paraphernalia, and deadly weapons. Absent this evidence, the student was found not guilty of all charges.

Top Rated Howard County Drug Possession 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 deadly weapon and drug possession 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.

Mr. Smith’s extensive trial experience — and track record of successful results in drug possession and deadly weapon charges, and other 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 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.

 

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Uncategorized Tagged With: , , , , , , , , , , , , , , , , , ,

Woman Cleared in Hit and Run Accident

April 1, 2012 by

A 54-year old woman with a high security clearance was charged with a hit and run accident after allegedly striking a pedestrian in a grocery store parking lot. The complainant claimed that she was struck and knocked down by the driver’s car, which then fled the scene.

What is Hit and Run

What is a hit and run accident? Hit and run in Maryland occurs when a driver is involved in a bodily injury accident, and then fails to remain at, or return to, the scene to render aid, and provide identifying and insurance information.

Hit and Run Penalties

Hit and run penalties are very severe. If convicted, the court can impose up to one year in jail, and a $1,000.00 fine. In addition, the driver could receive 12 points — basis for revocation of a driver’s license.

In this case, the prosecution sought jail time based on the seriousness of the alleged hit and run accident. Columbia criminal lawyer and hit and run attorney Jonathan Scott Smith represented the accused hit and run driver, rejected all plea bargain offers, and took the case to trial.

The evidence showed that the pedestrian denied any injury to paramedics who arrived at the hit and run scene. Also, an examination failed to reveal any injury whatsoever. Maryland law not only requires proof of bodily injury, but that the alleged hit and run driver knew there was an injury. The accused was found not guilty of all charges after a hotly contested trial in the District Court for Howard County.

Howard County Hit and Run Attorney

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of criminal law experience. He has represented people charged in and around Howard County, including Ellicott City and Columbia, Maryland, who have been charged with a hit and run accident.

Top Rated Ellicott City Criminal Lawyer

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 criminal cases, including hit and run accidents— 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 defense and hit and run attorneys in Columbia, Ellicott City, and Howard County.

To schedule a meeting, contact our office by e-mail or call us at 410-740-0101.

Contact Our Office

For an appointment, contact us by e-mail or call us at 410-740-0101. Put an experienced Maryland hit and run defense attorney to work for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in hit and run accidents, 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’s and Prince George) County, Howard County and Montgomery County, MD.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, traffic charges, Uncategorized Tagged With: , , , , , , , , , , , , , , , , , , ,

Howard County Teen Drivers and Traffic Charges

March 26, 2012 by

Howard County teenage drivers, like teen drivers everywhere, are more likely to take risks than other motorists when driving; more likely to text while driving; and more likely to speed than other drivers. Most teen deaths occur in car crashes between 3 p.m. and midnight. That’s why the Howard County Police offer various educational programs like collision avoidance training, and classes to prevent teenage drivers from drinking and driving.

Unfortunately, many teen drivers in Howard County still receive traffic charges for speeding, reckless driving, violation of alcohol restriction, and drunk driving, including DUI and DWI. A conviction of any traffic charge might result in loss of a provisional driver’s license. Even though a teenager is charged with a traffic violation in Howard County, they still need an experienced traffic ticket lawyer to defend them. In many cases, it is the parents who end up bearing the brunt when their teenager loses a driver’s license and a parent must drive their child back and forth to school or to a job.

Howard County Traffic Ticket Lawyer

Jonathan Scott Smith is a Howard County traffic ticket lawyer with many years of experience representing teenage drivers in traffic violation cases. Many of our new cases are referred to us by former clients or by other attorneys. He fights hard for his clients. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

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, 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 traffic ticket attorneys in Columbia, Ellicott City, and Howard County.

To schedule a meeting, contact our office by e-mail or call us at 410-740-0101.

Defense of Traffic Violations

We handle all traffic tickets for individuals throughout the Baltimore metro area. We defend teen drivers charged with any type of traffic offense, including:

  • DUI / DWI or drunk driving
  • Speeding
  • Negligent driving
  • Reckless driving
  • Violation of license restriction, including violation of alcohol restriction

Contact Our Office

For an appointment, contact us by e-mail or call us at 410-740-0101. Put an experienced Maryland traffic violations defense lawyer 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, 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.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, driving with suspended license, DUI, DWI, reckless driving, traffic charges, Uncategorized Tagged With:

Drivers Charged with DUI and Driving While Suspended in St. Patrick’s Day Sobriety Checkpoint

March 21, 2012 by

On St. Patrick’s Day, Howard County Police conducted a sobriety checkpoint. Two drivers were charged with drunk driving, and another was charged with driving while license suspended. The checkpoint was located on eastbound Maryland Route 175 at Columbia Gateway Drive. A total of 858 vehicles passed through, according to information provided by the Howard County Police. These are just a few of the many drivers charged with driving drunk, DUI, DWI, and driving while suspended in Howard County each year.

Howard County DUI Lawyer

Mr. Smith is a top rated drunk driving lawyer 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 knows the penalties for driving drunk are severe, and he aggressively fights for his clients charged with DUI drunk driving charges.

Drunk Driving Defense

We have protected the rights of thousands of people in court, and have a proven track record of success. Because of our reputation for thorough preparation and the highest level of personal service, many of our new cases come to us as referrals from other attorneys or from satisfied clients. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

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, 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.

For a private consultation, contact our office by e-mail or call us at 410-740-0101.

Learn more about Maryland DUI law, DUI Penalties and Selecting a DUI Lawyer.

Howard County Drunk Driving (DUI / DWI) Defense Practice

We handle all matters related to drunk driving charges, from the Motor Vehicle Administration (MVA) hearing to determine the status of your driving privileges, to the criminal proceeding to establish guilt or innocence and punishment. We represent people charged with their first DUI, as well as repeat offenders.

When you hire us to defend you against a charge of drinking and driving, we will conduct a thorough examination of the facts and circumstances of your arrest, starting with a determination of whether there was probable cause to make the traffic stop. We will review police reports and verify that field sobriety and blood alcohol or breath tests were done legally and properly. If legal errors were made, or your constitutional rights were violated, we will fight to prevent the prosecution from using the evidence and/or seek dismissal of charges.

We aggressively represent people charged with:

  • DUI, or driving under the influence of alcohol
  • DUI Per Se, or driving under the influence of alcohol per se
  • DWI, or driving while impaired by alcohol
  • Operating a vehicle while under the influence of drugs
  • Driving while under the influence of a controlled dangerous substance (CDS)

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, 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.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, driving with suspended license, Drunk Driving, DUI, DWI, traffic charges Tagged With: , , , , , , , , , , , , , , , ,

Nurse Cleared of Driving While License Suspended

March 21, 2012 by

A 39-year old registered nurse was stopped by Howard County police in Columbia and charged with two counts of driving while license suspended. The penalty for driving while suspended is up to one year in jail, a $1,000.00 fine, and 12 points. The client needed her license to keep her job, and to drive her young children. The case was heard in the District Court for Howard County, located in Ellicott City.

Defense lawyer and traffic ticket attorney Jonathan Scott Smith represented the nurse, rejected the prosecutor’s plea bargain offer, and aggressively defended the case. The judge granted Mr. Smith’s motion to dismiss one charge after successfully pointing out that the citation failed adequately to charge an offense under the law. After that, the prosecutor abandoned the case and dismissed the remaining driving while license suspended charge, clearing the client of all charges.

Experienced Howard County Traffic Ticket Lawyer

Mr. Smith is a top rated criminal lawyer and former prosecutor with more than 30 years of criminal law experience. He has represented many clients in Howard County, including Ellicott City and Columbia, Maryland, who have been charged with driving while license suspended. Mr. Smith is an experienced traffic ticket attorney who has handled many driving while license suspended cases in Howard County.

Howard County Traffic Ticket Defense Attorney

Because of our demonstrated record of success and our strong reputation in the legal community, many of our new cases are referred to us by former clients or by other attorneys. Mr. Smith fights hard for his clients in Howard County traffic ticket cases. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

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, 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 traffic ticket attorneys in Columbia, Ellicott City, and Howard County.

To schedule a meeting, contact our office by e-mail or call us at 410-740-0101.

Defense of Howard County Driving While License Suspended

We handle defense of driving while license suspended charges, and traffic tickets for individuals throughout the Baltimore metro area. We will fully investigate the facts and evidence related to your citation, and defend you aggressively. The penalty for driving while suspended is very serious: up to one year in jail, a $1,000.00 fine, or both, and a conviction can result in 12 points on your driving record – enough to revoke your driver’s license.

Contact Our Office

If you need a lawyer for traffic tickets, including driving while license suspended, contact us by e-mail or call us at 410-740-0101. Put an experienced Maryland traffic violations defense lawyer 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, 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.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, driving with suspended license, traffic charges Tagged With: , , , , , , , , ,

Beware: Saint Patrick’s Day Police Sobriety Checkpoints!

March 12, 2012 by

Howard County Sobriety Checkpoints
sobriety-checkpoint-howard-county1
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.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Drunk Driving, DUI, DWI Tagged With: , , , , , ,

Attorney Smith Awarded Highest AVVO Rating “10.0 Superb”

February 14, 2012 by

avvo-badge
Jonathan Scott Smith has now been awarded the highest lawyer rating “10.0 Superb” by AVVO. AVVO considers a wide variety of information in developing a lawyer’s rating, including a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Ratings range from a low of 1.0 to 10.0, the highest rating.

Very few lawyers achieve the highest rating, and it is recognition of Mr. Smith’s extensive litigation experience, successful results, and the opinion of his peers.

 

Filed Under: Uncategorized Tagged With: , , , , ,

Driver Accused of Road Rage Assault Found Not Guilty

October 5, 2011 by

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.

Filed Under: Assault, criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, reckless driving, traffic charges, Uncategorized 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

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