Man Cleared of Repeat DUI Offender Charges

July 7, 2011 by jsmith

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 jsmith

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

Security Specialist Cleared of Driving While Suspended

May 26, 2011 by jsmith

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.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, driving with suspended license, traffic charges

DUI Charges Dismissed for Violation of Speedy Trial

May 23, 2011 by jsmith

Driver Charged with DUI/DWI

A 30-year old grocery store employee was charged with DUI (driving under the influence of alcohol) in Maryland after being involved in a car accident. The accused was on probation for an earlier conviction for drunk driving.

Constitutional Right to Speedy Trial applies to DUI/DWI Charges

Both the United States Constitution and the Maryland Declaration of Rights entitle every person accused of a crime to a speedy trial. The right to a speedy trial also applies to DUI, DWI, and other drunk driving charges.

Court Dismisses DUI/DWI Charges for Violation of Speedy Trial

The case was postponed repeatedly over Mr. Smith’s objections and the clerk’s office failed to schedule a new trial date for months. The case finally was heard in the District Court for Howard County, located in Ellicott City. Mr. Smith, a top rated lawyer handling DUI cases, successfully convinced the judge that the client’s constitutional right to a speedy trial was violated because of the inexcusable delays. All charges were dismissed.

Top Rated Howard County, Columbia, and Ellicott City Criminal 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 violations of a right to speedy trial. 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 possession of marijuana and drug possession charges, 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

Filed Under: Criminal Defense, Drunk Driving, DUI, DWI

Woman Cleared of Violation of Protective Order

May 23, 2011 by jsmith

Criminal Charges Brought for Violation of Protective Order

A 31-year old mother was charged with Violation of Protective Order and Telephone Misuse after her estranged husband claimed she repeatedly called and texted him in violation of an existing order of protection sought by the husband. In many domestic violence and protective order cases, the party who sought the protection order prohibiting all contact later initiates emails, texts, or phone calls. Then, when the person subject to the protective order responds to the contacts, the “victim” seeks criminal charges for violation of protective order. This is an abuse of the legal process and subjects many innocent people to arrest, criminal prosecution, having to post bail, and legal fees for a criminal defense lawyer.

What are the Penalties for Violation of Protective Order in Maryland?

Judges treat violations of protective orders very seriously. A conviction is a misdemeanor. For a first offense, the court can impose a fine up to $1,000.00 and imprisonment up to 90 days, or both. For a second or subsequent offense, the court can impose a fine up to $2,500.00 and imprisonment up to 1 year, or both.

Charges for Violation of Protective Order Dismissed

In this case, as in many others, telephone records revealed that it was the husband who repeatedly initiated telephone contact with wife, and then engaged in back and forth communications. The case was heard in the District Court for Howard County. The wife was represented by Columbia criminal defense lawyer and domestic violence attorney Jonathan Scott Smith of the Smith Criminal Defense Firm. Mr. Smith, a former prosecutor, has extensive experience in criminal law. He believes in aggressively defending domestic violence cases. The client refused all plea bargain offers. The prosecutor, after losing another case to Mr. Smith, dismissed all charges.

Howard County Criminal Defense 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 violation of protective order 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 violation of protective order 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

Attorney Jonathan Scott Smith represents clients in violation of protective order, 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.

Filed Under: Domestic Assault, Domestic Violence, Restraining Order Tagged With: columbia criminal lawyer, domestic violence, howard county criminal lawyer, protective order, Telephone Misuse

Jonathan Scott Smith Criminal Defense Firm