What Happens When Criminal Evidence is Illegally Obtained?

What Are Your Rights When Police Officers Violate Your Constitutional Rights?

what-happens-when-criminal-evidence-is-illegally-obtainedBecause they knew that criminal prosecutions could easily become politically motivated, our founding fathers were careful to ensure that the Bill of Rights contained specific language guaranteeing certain rights. Nonetheless, law enforcement officers will often seek to circumvent the rules, using illegal methods to gather evidence against you. What are your options when you have evidence that shows that police officers violated your constitutional rights?

The Most Effective Tool—A Motion to Suppress the Evidence

When you can show that law enforcement officers did not play by the rules, you have the right to file a motion with the court, asking that any evidence obtained through improper means be ruled inadmissible in court. Examples of when such a motion may be appropriate include:

  • When police obtain physical evidence without a warrant or with a warrant based on false representations
  • Where police use illegal wiretaps or similar efforts to gather evidence
  • Where law enforcement officers fail to provide the required Miranda warnings when taking you into custody

Proven Baltimore County Criminal Defense Lawyer

Attorney Jonathan Scott Smith brings more than four decades of experience to criminal defendants throughout the Baltimore County area and across the state of Maryland. For more than 30 years, he has been consistently received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar. He has been listed among the top 100 lawyers in Maryland listed by SuperLawyers and was designated a Top-Rated Lawyer by The American Lawyer Magazine. He has been the recipient of Martindale-Hubbell’s Client Distinction Award, an honor bestowed upon less than 4% of all lawyers nationwide.

Throughout his years in practice, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges. He will zealously protect your constitutional rights, taking the time to carefully investigate your case and confirm that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll interview all key witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

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.

Aggressive Maryland Criminal Attorney

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

What Is Probable Cause in a Criminal Case?

What Must Police Have to Conduct a Search, Seizure or Arrest?

what-is-probable-cause-in-a-criminal-caseUnder the 4th Amendment to the United States Constitution, law enforcement officers must have “probable cause” to conduct any search or seizure. The United States Supreme Court has made a distinction between probable cause and “reasonable suspicion,” limiting the powers of police offers when their observations fail to meet the standard for probable cause.

What Is Probable Cause and How Does It Differ from Reasonable Suspicion?

The U.S. Supreme Court has defined probable cause to mean that a “reasonable ” person would believe, under the circumstances and with the same knowledge and observations, that a crime was actually being committed, had already been committed, or was about to be committed. A “reasonable suspicion,” on the other hand, has been identified by the court as a “unarticulated hunch,” or “common-sense” conclusion about human behavior in general. The court will commonly find only a reasonable suspicion where additional facts or circumstances are necessary to go beyond mere conjecture.

Why Is the Distinction Important?

The Supreme Court has held that an officer with probable cause may conduct a search or seizure, but that an officer who merely has a “reasonable suspicion” may detain and even frisk a suspect briefly, but may not conduct a search of his or her person or vehicle.

Proven Maryland Criminal Defense Attorney

Attorney Jonathan Scott Smith has protected the rights of criminal defendants in Maryland for more than 40 years, including people charged under Maryland law with child abuse. SuperLawyers has named him one of the top 100 lawyers in Maryland and The American Lawyer Magazine has also cited him as a Top-Rated Lawyer.

Attorney Smith has been AV-rated (the highest possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System for more than three decades. He has also received Martindale-Hubbell’s prized Client Distinction Award, an accolade earned by less than 4% of all attorneys nationwide. He carries 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-known and respected trial attorney, Jonathan has a comprehensive knowledge and understanding of Maryland criminal law and procedure. 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.

Contact an Aggressive Baltimore Lawyer to Protect Your Criminal Rights

At the law offices of Jonathan Scott Smith, we aggressively advocate for criminal defendants throughout the greater Baltimore area and across the state of Maryland, including people charged with any type of child abuse. 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.

The Differences between a Criminal Prosecution and a Civil Lawsuit

The Differences between a Criminal Prosecution and a Civil LawsuitThere are distinct differences between prosecution for a criminal offense and the pursuit of a legal remedy through a civil proceeding:

  • Burden of proof—In a criminal prosecution, the jury must have no reasonable doubt as to your guilt. In a civil proceeding, they only need to conclude that your version of the facts is more believable than your opponent’s story.
  • The sanctions/penalties—In a criminal proceeding, you can face incarceration, fines (payable to the state), restitution (payable to the victim), community service, probation and even, in some jurisdictions, the death penalty. In a civil lawsuit, the remedy is customarily a monetary damage award, though there are limited situations where a court may compel a party to do something.
  • The source of the law—As a general rule, crimes are established by statute, a written law enacted by a legislative body. Though some civil wrongs are also statutory, most are derived from the common law, written down in opinions of judges in prior cases.
  • The parties—In a criminal prosecution, one of the parties is always the government, acting on behalf of the people. In a civil matter, the parties are usually private citizens or companies, though the government may be a party to a civil lawsuit.

Proven Maryland Criminal Defense Lawyer

Attorney Jonathan Scott Smith has protected the rights of criminal defendants in Maryland for more than 30 years, including people charged with misdemeanors or felonies. SuperLawyers has named him one of the top 100 lawyers in Maryland and The American Lawyer Magazine has also cited him as a Top-Rated Lawyer.

Attorney Smith has been AV-rated (the highest possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System for more than three decades. He has also received Martindale-Hubbell’s prized Client Distinction Award, an accolade earned by less than 4% of all attorneys nationwide. He carries 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-regarded trial attorney, Jonathan has an extensive knowledge and understanding of Maryland criminal law and procedure. 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.

Contact a Proven Maryland Violent Crimes Defense Lawyer

At the law offices of Jonathan Scott Smith, we aggressively advocate for criminal defendants throughout the greater Baltimore area and across the state of Maryland. 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.

Baltimore Homicide Rate Up in 2022

City Sees Record Monthly Murder Tolls

Baltimore Homicide Rate Up in 20222022 is on track to be the deadliest in Baltimore’s history, with nearly 180 homicides in the first six months. The city recorded 42 slayings in May, 2022, the first time that the monthly toll exceeded 40 since May, 2015, when police logged a record 45 killings. The city’s Carrollton Ridge neighborhood, which experienced just six murders between 2012 and 2014, counted six in the month of June this year. City officials expect that the annual tally of homicides in Baltimore will surpass 300 for the 8th year in a row.

Aggressive Baltimore Criminal Defense Lawyer

Attorney Jonathan Scott Smith brings more than three decades of proven experience to criminal defendants across the Baltimore metropolitan area and the state of Maryland, including people charged with violent crimes. He has been received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar for more than 34 years. He has been ranked among the top 100 lawyers in Maryland listed by SuperLawyers and was named 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 lawyers nationwide.

Over the past 30 years, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges, including prosecution for domestic violence or abuse. He will work hard to protect your constitutional rights, fully investigating your case to verify that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll question all potential witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

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.

Aggressive Howard County Criminal Defense Attorney

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

Man Dies of Gunshot Wounds 22 Years after Shooting

Can the Perpetrator Still Be Charged with Murder?

Man Dies of Gunshot Wounds 22 Years after ShootingA 38-year-old Baltimore man died in 2021 from gunshot wounds originally sustained in 1999, when he was just 16. Police say the bullet severed the victim’s spinal cord, leaving him paralyzed. After his death, a medical enquiry determined that the man had never returned to good health after the shooting and ruled the death a homicide.

Officials say that, because there is no statute of limitations on murder in Maryland, the perpetrator can still face prosecution. The statute of limitations establishes the time period in which a legal claim must be made. Most criminal acts must be prosecuted within a fixed period of time, but some of the more serious crimes, such as murder, manslaughter and rape, have no time limit on prosecution.

Experienced Baltimore Criminal Defense Attorney

Attorney Jonathan Scott Smith brings more than 30 years of experience to criminal defendants in Maryland, including people charged serious or violent crimes. SuperLawyers has named him one of the top 100 lawyers in Maryland and The American Lawyer Magazine has also cited him as a Top-Rated Lawyer.

Attorney Smith has been AV-rated (the highest possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System for more than three decades. He has also received Martindale-Hubbell’s prized Client Distinction Award, an accolade earned by less than 4% of all attorneys nationwide. He carries 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 comprehensive knowledge and understanding of Maryland criminal law and procedure. 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.

Contact a Proven Maryland Violent Crimes Defense Lawyer

At the law offices of Jonathan Scott Smith, we aggressively advocate for criminal defendants throughout the greater Baltimore area and across the state of Maryland. 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.

Baltimore Police Cleared in Fatal Shooting

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

Baltimore Police Cleared in Fatal ShootingThree 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.

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 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

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.

Maryland Drug Possession Laws

What Constitutes Possession? When Does Possession Involve an Intent to Sell?

What Constitutes Possession? When Does Possession Involve an Intent to Sell?In recent weeks, there has been much controversy in Baltimore, as the city’s State Attorney, Marilyn Mosby, has dismissed approximately half of the narcotics cases brought to her, stating that she will no longer prosecute drug possession cases. The decision is a carryover from 2020, when the city sought to minimize the spread of the coronavirus in jails. Mosby stressed, however, that only cases of simple possession would be dismissed—a person who meets the criteria for possession with intent to distribute will still be prosecuted.

What Is Possession?

Under Maryland law, a person may be charged with possession for either having under his control, administering or attempting to obtain a controlled substance, unless the person has a prescription or order from an authorized provider. Furthermore, a person may still be charged with possession, even with a prescription/order, if there was:

  • Fraud, deception, misrepresentation or subterfuge’
  • Concealment of a material fact
  • Forgery or counterfeiting involving a prescription/written order
  • Use of a false name or identity

When Does Possession Rise to “Intent to Distribute”?

The distinction between possession and possession with intent to distribute is based on the quantity of the controlled substance. The quantity varies based on the specific controlled substance.

AV-Rated Frederick Criminal Defense Attorney

Attorney Jonathan Scott Smith brings more than 30 years of proven experience to criminal defendants across the Baltimore metropolitan area and throughout the state of Maryland. He has been AV-rated (the highest possible) by his fellow attorneys under Martindale-Hubbell’s Peer Review Rating System every year since 1988. Attorney Smith has also been the recipient of Martindale-Hubbell’s Client Distinction Award, bestowed upon less than 4% of all attorneys listed in Martindale-Hubbell’s directory. He’s been among the top 100 lawyers in Maryland listed by Super Lawyers, and has been honored as a Top-Rated Lawyer by The American Lawyer Magazine.

Attorney Smith brings considerable skill and experience to the defense of a wide range of criminal charges. He knows how to effectively gather, assess and preserve all evidence to support an acquittal. He has a comprehensive understanding of your constitutional rights and ensure that police and prosecutors followed all required procedures when gathering evidence or detaining you. He’ll carefully question all potential witnesses, so that he can prepare and present the most compelling arguments in your defense.

Smith has been included among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He has also earned a 10.0 (Superb rating) as a litigation attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Ellicott City, Maryland Criminal Defense Attorney

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.

Baltimore on Target to Match 2020 Homicide Toll

Tally Reaches 250 with 11 Murders in One Week

Baltimore on Target to Match 2020 Homicide TollThough it’s been the focus of continued efforts by police and politicians, the Baltimore homicide rate remains basically unchanged from last year, hitting the 250 mark earlier this month. The city reported 335 homicides during 2020, a slight drop from the 348 recorded in 2019. If the murder rate remains constant for the remaining three months of the year, the city will once again top 330.

Michael Harrison, Baltimore’s Police Commissioner, supports the city’s “Group Violence Reduction Strategy,” an approach that attempts to shift some of the responsibility for the alleviation of violence to community-based organizations, lightening the load for beleaguered police officers. The city attempted to implement the strategy in 2019, but leaders say it was ineffective because there was a lack of commitment across the board. They say it has a better chance of working now, as the mayor, prosecutors and law enforcement officers are all behind it.

Proven Baltimore County Criminal Defense Lawyer

For more than three decades, attorney Jonathan Scott Smith has fought for the rights of people in Baltimore and across the state of Maryland who are under investigation for or have been charged with a crime. Super Lawyers puts him among the top 100 lawyers in Maryland and The American Lawyer Magazine named him a Top Rated Lawyer in 2012. The National Trial Lawyers Association, a “by invitation only” organization, has also identified him as one of the top 100 attorneys in Maryland.

His colleagues in the legal profession have given him 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 Client Distinction Award, awarded to less than 4% of all attorneys listed there.

The American Institute of Personal Injury Attorneys has listed attorney Smith as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.” He has a 10.0 (Superb rating) as a trial lawyer from AVVO and has earned the Client’s Choice Award from AVVO, with an average client review of 5 stars.

Attorney Smith has long been known and respected for his knowledge, skill and extensive experience when handling criminal matters. He can quickly determine whether police have violated your constitutional rights in a search, seizure or arrest. He knows how to effectively gather and preserve evidence, and has considerable experience successfully defending clients at trial.

Proven Criminal Defense Lawyer in the Greater Baltimore Area

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.

Pleading No Contest to a Criminal Charge in Maryland

What Does It Mean? What Is the Effect of Such a Plea?

Pleading No Contest to a Criminal Charge in MarylandWhen you’re arrested and charged with a criminal offense in Maryland, there are a number of ways to respond:

  • You can challenge the charges by pleading “not guilty.”
  • You can admit your culpability by pleading “guilty.”
  • You can argue that you lacked the legal capacity to commit a crime, i.e., that you are not responsible because of insanity or mental deficiency.
  • You can file a “nolo contendere,” or “no contest,” plea.

What Is a Nolo Contendere/No Contest Plea?

Pleading no contest is neither an admission of guilt nor an allegation that you did not commit the crime; it essentially tells the court you will not challenge or contest the prosecution. Before you can plead no contest in Maryland, you must obtain approval from the court. If the court grants your request, the judge will typically conduct an examination in order to determine the sentencing.

What Is the Impact of a No Contest Plea?

With a no contest plea, there is no admission of guilt and no determination of guilt by a jury. Accordingly, with certain types of infractions, such as traffic violations, nothing will go on your permanent record, and there won’t be any impact on your insurance rating. However, if you commit the same violation again, the no contest plea can be brought to the court’s attention at the time of sentencing.

AV-Rated Baltimore Criminal Defense Attorney

Attorney Jonathan Scott Smith brings more than 30 years of hands-on experience to criminal defendants across the greater Baltimore area and throughout the state of Maryland. He has been AV-rated (the highest rating possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System every year since 1988. Attorney Smith has also been the recipient of Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys listed in Martindale-Hubbell’s directory. He’s been listed among the top 100 lawyers in Maryland by Super Lawyers and honored as a Top-Rated Lawyer by The American Lawyer magazine.

Attorney Smith has extensive experience, skill, and knowledge in handling criminal defense matters. He’ll gather, assess, and preserve all evidence to support your acquittal and ensure that the police and prosecutors followed all constitutional requirements when gathering evidence or detaining you. He’ll interrogate all potential witnesses in order to prepare and present the most convincing arguments in your defense.

Smith has been named as one of the top 100 attorneys in Maryland by the National Trial Lawyers Association, a by-invitation-only professional organization. He has earned a 10.0 (Superb) rating as a litigation attorney from AVVO and received the Client’s Choice Award from AVVO, with an average client review of 5 stars.

Howard County, Maryland, Criminal Defense Attorney

Contact our office by email 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.

Baltimore Expecting 300+ Homicides for 7th Straight Year

City Officials Project More Than 1,000 Shootings in 2021

Baltimore Expecting 300+ Homicides for 7th Straight YearAs Baltimore moves into the second half of the year, city officials say little has changed with respect to the city’s murder rate—projections indicate homicides in the city will top 300 for the seventh consecutive year. As of the end of June, the city had confirmed 166 intentional killings.

City officials expressed optimism two years ago when a multi-tier plan was approved, emphasizing:

  • The reduction of illegal guns on Baltimore streets
  • A concerted effort to arrest and prosecute the city’s most violent offenders
  • Greater enforcement of domestic violence laws

Police officials say that, although crime numbers have remained the same, the number of arrests has declined dramatically—from nearly 7,500 a year ago to just under 5,700—due to a shortage of law enforcement officers.

Proven Frederick County Criminal Defense Lawyer

For more than three decades, attorney Jonathan Scott Smith has fought to protect the rights of criminal defendants in Baltimore and across the state of Maryland. Attorney Smith has been listed among the top 100 lawyers in Maryland by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer magazine in 2012. He has been AV-rated by his colleagues in the legal profession (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also been honored with Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys listed.

The American Institute of Personal Injury Attorneys has called Smith one of the 10 Best Attorneys in the State of Maryland in Client Satisfaction. The National Trial Lawyers Association, a by-invitation-only professional organization, lists him as one of the top 100 attorneys in Maryland. He also has a 10.0 (Superb rating) as a litigation attorney from AVVO and has received the Client’s Choice Award from AVVO, with an average client review of 5 stars.

Attorney Smith brings a comprehensive knowledge and understanding of criminal law and procedure to every case he takes. He will fully investigate your case, gathering and protecting all relevant evidence. He’ll also look at the actions of law enforcement officers, evaluating whether they violated your constitutional rights.

Proven Criminal Defense Attorney in the Baltimore Metro Area

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.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101