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

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

Outgoing Head of U.S. Federal Prisons Charged with DUI in Maryland

May 13, 2011 by Jonathan Smith

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The soon-to-be former head of the U.S. Federal Prisons recently issued a shame-filled apology for his embarrassing DUI arrest in February. According to an Anne Arundel County police report, Harley Lappin, 55, was pulled over February 26 after an officer spotted him nearly swerve into two vehicles. The report further reported that Lappin’s eyes were bloodshot, his speech was slurred, his breath smelled of alcohol, and he was unable to walk a straight line or keep his balance on one foot during sobriety tests. He had been driving near his Annapolis home in the wee hours of the morning.

Lappin was charged with three counts related to drunk driving and one count each of reckless driving, negligent driving and failing to obey a traffic control device. Following his arrest, Lappin submitted to a breath test. His blood-alcohol content registered .12; the legal limit to drive in Maryland is .08. His case is set for trial June 16 in Annapolis District Court.

Lappin’s February arrest only came to light when he issued a formal apology to his staff on Tuesday, March 29. He made no mention of his DUI arrest when he had initially announced his intention to retire from his job March 25.

Lappin has run the federal prisons system since 2003 after several years running the prison in Butner, North Carolina, where Ponzi-king Bernie Madoff is currently imprisoned. He also presided over the 2001 execution of Oklahoma City bomber Timothy McVeigh while serving as the warden of the U.S. penitentiary in Terre Haute, Indiana.

His June trial won’t be the first time Lappin has appeared in court as a defendant, rather than on the side of the law. In an unrelated incident, he was caught speeding in Annapolis on March 20. Police said he was driving 69 mph in a 50 mph zone. He pled guilty to speeding March 28 and paid a $90 fine.

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

Woman Cleared of Violation of Protective Order

May 13, 2011 by Jonathan Smith

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

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: columbia criminal defense lawyer, columbia criminal lawyer, domestic violence, howard county criminal lawyer, howard county defense lawyer, protective order, Telephone Misuse

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.

Filed Under: Assault, Criminal Defense, criminal defense lawyer, criminal lawyer, Domestic Assault, Domestic Violence, domestic violence attorney, domestic violence lawyer Tagged With: assault, columbia criminal defense lawyer, columbia criminal lawyer, district court, domestic assault, domestic violence, howard county criminal defense lawyer, howard county criminal lawyer, howard county defense lawyer, howard county district court, spousal assault.

DUI Charges Dismissed: Violation of Right to a Speedy Trial

May 13, 2011 by Jonathan Smith

DUI Charges Dismissed for Violation of Speedy Trial Right
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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

Filed Under: Criminal Defense, Drunk Driving, DUI, DWI Tagged With: Choosing a good dui lawyer, dui charges dismissed, dui defense, dui lawyer, dui repeat offender, dui repeat offense, howard county dui lawyer

DUI Penalties in Maryland

May 13, 2011 by Jonathan Smith

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: columbia, dui penalties, dwi penalties, ellicott city, howard county, maryland, md

About Maryland Drunk (and Drugged) Driving Law

May 13, 2011 by Jonathan Smith

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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:
Read More

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

Jonathan Scott Smith Criminal Defense Firm