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Student Not Guilty of Possession of Firearm/Handgun on School Property

May 13, 2011 by

Student Charged with Possession of Firearm on School Property
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A 22 year old student at Towson State University in Baltimore County was arrested and charged with illegal possession of firearm (a handgun) on public school property, after campus police received a tip that the student kept a handgun in his dorm room. The prosecutor sought a conviction, with forfeiture of the handgun, warning that the judge was likely to send the student to jail if convicted. Every person charged with a crime, including possession of firearm on school property, is entitled to fight the charges at a trial.

Penalties for Possessing Firearm on School Property

If a person is convicted of possessing a firearm on school property, the court can impose a fine up to $1,000.00, and imprisonment up to 3 years, or both.

Student found Not Guilty of Possession of Firearm on School Property

Attorney Jonathan Scott Smith of the Smith Criminal Defense Firm, located in Columbia (Howard County), Maryland, aggressively defended the student. Mr. Smith rejected all plea bargain offers. The case proceeded to trial in the District Court for Baltimore County. The police and prosecutor failed to prove proper chain of custody of the handgun. The judge found the student not guilty of illegal possession of firearm on school property.

Second Amendment, Handguns, and Colleges

Criminal lawyer Smith also was prepared to argue that the United States Supreme Court’s decision in District of Columbia v. Heller, which interpreted the Second Amendment’s constitutional right to bear arms as including an individual right to possess a handgun in the home, protected the student’s right to keep a handgun for self-defense purposes in his single occupant dorm room — the functional equivalent of his home.

Howard County Firearm 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 possession of firearm, and handgun 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 possession of firearm, and handgun, 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 possession of firearm defense 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 possession of firearm, handgun, 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: illega possession of firearm, illegal possession of handgun, possession of firearm, possession of firearm on school property, possession of handgun on school property Tagged With: ,

Maryland to Honor Victims of Crime April 10

May 13, 2011 by

National victims of crime to be honored April 16–21

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Victims of crime are not forgotten by their friends and family, and the U.S. Department of Justice (DOJ) is determined to keep their stories in the public’s sights, too.

Each April since 1981, the Office of Victim of Crimes (OVC), a division of the DOJ, sponsors the National Crime Victims’ Rights Week (NCVRW). The OVC helps communities lead special programs designed to promote victims’ rights, honoring crime victims and those who advocate on their behalf.

This year, the NCRVW is set for April 16–21. The theme is “Reshaping the Future, Honoring the Past.”

The state of Maryland sponsors its own series of programs designed to honor crime victims. On Sunday, April 10, the state’s attorneys’ offices in Baltimore, Carroll, Queen Anne’s and St. Mary’s counties, along with the Maryland State Board of Victims Services, will hold the 22nd annual Maryland statewide memorial service for crime victims and their families. Premised on the theme “Something Beautiful Remains,” the event will be marked by four regional services held simultaneously.

Services for the state’s northern region will be held from 2 p.m.–4 p.m. at Notre Dame Preparatory School in Baltimore, while the southern region will hold its commemoration from 1 p.m.–3 p.m. The event will take place at the Greater Waldorf Jaycee Community Center in Waldorf. Centreville United Methodist Church in Centreville will house the eastern region’s service from 2 p.m.–4 p.m. The church is located at 608 Church Hill Rd. The western region will hold its commemoration at the VFW Post #467 in Westminster, also from 2 p.m.–4 p.m.

For further information about the NCRVW, check out the 2011 NCVRW Resource Guide.

Attorney Smith is rated AV® Preeminent™* by his colleagues in the local legal community under Martindale-Hubbell’s Peer Review Rating System. This is the highest rating possible for legal skill and ethical practice.

Contact The Smith Criminal Defense Firm

To schedule an appointment, 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: Article Tagged With: ,

Woman Cleared of Violation of Protective Order

May 13, 2011 by

Criminal Charges for Violation of Protective Order
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A 31-year old Columbia woman 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 protective order that had been sought by her husband. Every person accused of a crime, including criminal charges of violation of protective order, is presumed to be innocent and has the right to fight those charges.

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

If a person is convicted of violation of protective order in Maryland, they are subject to criminal penalties. The crime is a misdemeanor. For a first offense, the court may impose a fine up to $1,000.00 and imprisonment up to 90 days, or both. For a second or subsequent offense, the court may impose a fine up to $2,500.00 and imprisonment up to 1 year, or both. Judges treat violation of protective order charges very seriously.

Woman Cleared of Violation of Protective Order Charges

Jonathan Scott Smith of the Smith Criminal Defense Firm in Howard County, Maryland prepared a vigorous defense. On Mr. Smith’s recommendation, the accused woman refused all plea bargain offers. Mr. Smith obtained telephone records revealing that it was the husband who repeatedly initiated telephone contact with wife, and then engaged in back and forth communications. The husband’s conduct completely contradicted his claim that he was being harassed by his wife. The prosecution caved and 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

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 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: Criminal Defense, Domestic Violence, Peace Order, Restraining Order Tagged With: , , , , , ,

Woman Not Guilty of Domestic Violence

May 13, 2011 by

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.

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

DUI Charges Dismissed: Violation of Right to a Speedy Trial

May 13, 2011 by

DUI Charges Dismissed for Violation of Speedy Trial Right
speedy-trial
A 31-year old separated mother, while on probation for an earlier conviction for Driving under the Influence of Alcohol, was arrested and charged with a second drunk driving offense after causing a personal injury accident. Howard County criminal lawyer Jonathan Scott Smith represented the accused. Upon our recommendation, the client refused all plea bargain offers. A Howard County District Court judge agreed with Mr. Smith’s argument that the prosecution’s earlier postponement, and court clerk’s errors and delays in scheduling the case for trial, were prejudicial and violated the client’s constitutional right to a speedy trial. The court granted a motion to dismiss all charges.

Constitutional Right to a Speedy Trial
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Both the United States Constitution and the Maryland Declaration of Rights guarantees the right to a speedy trial to anyone accused of a crime and facing criminal charges. The constitutional right does not delineate any fixed time period for a trial to take place. Court rulings have interpreted the right to mean that a trial must take place within a “reasonable” time after being charged.

Right to a Speedy Trial on DUI/DWI Charges

Maryland’s highest court has ruled that one year generally is too long for such a relatively uncomplicated case such as DUI/DWI to come to trial. Courts consider other factors in addition to the length of time between arrest and trial. These include whether the accused ever requested a speedy trial; the length of the delay; the reasons for the delay; and whether the accused was prejudiced by the delay.

An experienced criminal defense lawyer can assist in asserting and protecting the right to a speedy trial, as well as raising a court challenge if the right is violated.

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 of extensive 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 DWI/DUI, drunk driving, 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 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, Drunk Driving, DUI, DWI Tagged With: , , , , , ,

Choosing a DUI Lawyer

May 13, 2011 by

dui-arrest
A drunk driving arrest creates substantial risks involving loss of your driver’s license, and perhaps even your freedom. It is critical to select and hire an experienced Maryland drunk driving lawyer to advise you and to represent you aggressively.

Choosing a DUI Lawyer – Howard County, Columbia, Ellicott City, Maryland

Many people who are charged with drunk driving receive a pile of solicitation letters in the mail from attorneys they have never met. There are companies that review court filings on a daily basis and then sell lists of names to attorneys. These attorneys then mail form letters soliciting their services. These solicitation letters often include absurdly low legal fees, and mislead the public regarding the true cost of experienced and qualified lawyers.

Top Rated Attorney

Mr. Smith’s extensive trial experience — and track record of successful results in DUI/DWI and drunk driving 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.

Points of Distinction

  • Over 30 Years of Courtroom Experience
  • Former Prosecutor
  • Author of Criminal Law Books for Lawyers
  • Lectured and Trained Prosecutors
  • Highest Rating for Legal Ability and Professional Ethics

Former Criminal Prosecutor

Jonathan Scott Smith was employed as a prosecutor (Assistant State’s Attorney for Baltimore County) from 1980 to 1984. He prepared and prosecuted thousands of felony and misdemeanor criminal cases. This included an extensive number of jury and non-jury trials in Maryland district courts and circuit courts.

As a prosecutor in the circuit court, Mr. Smith prepared and tried a wide range of criminal cases. He was responsible for handling all aspects of criminal cases. Mr. Smith personally handled an extensive number of criminal jury trials. The charges included murder (including death penalty), rapes and other sexual offenses, armed robberies, burglaries, kidnappings, extortion, embezzlement, thefts, assaults, and drug offenses. He tried numerous non-jury trials as well. Mr. Smith prosecuted cases involving mandatory sentences and death penalty proceedings, and handled felony charge screenings; grand jury proceedings; and preliminary hearings.

As a prosecutor in the district court, Mr. Smith handled all aspects of thousands of cases until their conclusion, including an extensive number of non-jury trials. The cases included drunk driving and other serious traffic cases, thefts, assaults, drug possession, handgun charges, violation of probation hearings, and bail hearings.

Read More Choosing a DUI Lawyer

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: DUI, DWI Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , ,

DUI Penalties in Maryland

May 13, 2011 by

A driver who refused to submit to a breath test or a blood test also is subject to an additional penalty. If the court finds beyond a reasonable doubt that the driver knowingly refused to take a test arising out of the same circumstances as the violation, the driver is subject to a fine of $500.00, or imprisonment for not more than 2 months, or both.

The penalties, based upon a first offense, for violating Maryland’s drunk driving laws are as follows:

  • Driving under the influence of alcohol: $1,000.00 fine, imprisonment for not more than one year, or both.
  • Driving under the influence of alcohol per se: $1,000.00 fine, imprisonment for not more than one year, or both.
  • Driving under the influence of alcohol while transporting a minor: $2,000.00 fine, imprisonment for not more than two years, or both.
  • Driving under the influence of alcohol per se while transporting a minor: $2,000.00 fine, imprisonment for not more than two years, or both.
  • Driving or attempting to drive while impaired by alcohol: $500.00 fine, imprisonment for not more than two months, or both.
  • Driving while impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the driver cannot drive a vehicle safely: $500.00 fine, imprisonment for not more than two months, or both.
  • Driving or attempting to drive while impaired by alcohol while transporting a minor: $1,000.00 fine, imprisonment for not more than six months, or both.
  • Driving while impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the driver cannot drive a vehicle safely while transporting a minor: $1,000.00 fine, imprisonment for not more than six months, or both.
  • Driving or attempting to drive while impaired by a controlled dangerous substance: $1,000.00 fine, imprisonment for not more than one year, or both.
  • Driving or attempting to drive while impaired by a controlled dangerous substance while transporting a minor: $2,000.00 fine, imprisonment for not more than two years, or both.

Read More about DUI Penalties in Maryland

Filed Under: Criminal Defense, DUI, DWI Tagged With: , , , , , ,

About Maryland Drunk (and Drugged) Driving Law

May 13, 2011 by

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It is not against the law in Maryland to drink and drive! That’s right! It is only against the law to drink to the extent that the driver is either under the influence or impaired. Maryland law recognizes the following drunk (and drugged) driving offenses:
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Filed Under: Criminal Defense, DUI, DWI Tagged With:

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