criminal defense lawyer

Maryland Senate Okays Use of Medical Marijuana, with a Caveat; Legislation heads to House of Delegates for Floor Vote

June 14, 2011 by Jonathan Smith

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The state of Maryland recently moved a few steps closer to giving medical marijuana patients an affirmative defense to criminal marijuana possession charges. In a landslide vote in late March, the state senate approved Senate Bill 308.

The legislation amends the 2003 Darrel Putnam Compassionate Act, a law that allows a defendant to invoke a medical necessity defense, but only to limit jail time. Under the Putnam legislation, qualified patients could still be convicted and have the misdemeanor conviction posted on their criminal record, but their maximum fine would be up to $100.

Under the proposed legislation, patients with “clear and convincing evidence” of their need to use medical marijuana cannot be found guilty nor fined $100. But, unlike in other states with medical marijuana statutes, patients in Maryland are not immune from arrest and prosecution. They must still defend their marijuana use in court.

Another aspect of SB 308 is that it does not include provisions regarding the growing of marijuana or purchasing of it in a dispensary. However, the proposed legislation does call for a study group to investigate more comprehensive medical marijuana use laws for 2012.

Meanwhile, the Maryland House of Delegates overwhelmingly passed HB 291 recently. That bill calls for the creation of an 18-member panel to advise the legislature on the best way to create a medical marijuana program in 2012.

Medical marijuana is permitted in 13 states and the District of Columbia. Other states, including Delaware and Connecticut, are currently considering legislation to allow its use under tightly controlled conditions. Such laws already exist in Rhode Island and New Jersey, where medical marijuana distribution centers were recently licensed by the state and are slated for opening later this year.

If you are charged with criminal marijuana possession charges, or need an experienced and aggressive criminal defense lawyer, contact us or call Jonathan Scott Smith now: 410-740-0101.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney Tagged With: criminal marijuana possession charges, darrel putnam compassionate act, hb 291, maryland medical marijuana, medical marijuana, senate bill 308

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.

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, District Court for Howard County, driving with suspended license, traffic charges

Woman Not Guilty of Domestic Violence

May 13, 2011 by Jonathan Smith

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.