DUI and DWI Penalties in Maryland

April 17, 2012 by Jonathan Smith

DWI and DUI Defense in Columbia, Ellicott City, and Howard County, MD

dui
While DUI and DWI are synonymous in most states, that is not the case in Maryland, which does draw a distinction between Driving While Impaired (DWI) and Driving Under the Influence (DUI). You will be charged with a DWI if your Blood Alcohol Content (BAC) is .07 percent; and you will be charged with a DUI if your BAC is .08 percent or higher. Although both Maryland DWI and Maryland DUI carry stiff penalties for a conviction, the conviction of a DUI carries more harsh penalties.

The following are the parameters of the penalties if you are convicted of a DWI in Maryland:

DWI First Arrest Conviction

Up to 2 months in jail (6 months if transporting a minor)
Up to $500 fine ($1000 if transporting a minor)
Minimum 6 months suspended drivers license

DWI Second Arrest Conviction

Up to 1 year in jail
Up to $500 fine ($2000 if transporting a minor)
Minimum 1 year suspended drivers license

The following are the parameters of the penalties if you are convicted of a DUI in Maryland:

DUI First Arrest Conviction

Up to 1 year in jail (2 years if transporting a minor)
Up to $1000 fine ($2000 if transporting a minor)
Minimum 6 months suspended drivers license

DUI Second Arrest Conviction

Up to 2 year in jail (3 years if transporting a minor)
Up to $2000 fine ($3000 if transporting a minor)
Minimum 1 year suspended drivers license (if within 5 years of previous DUI conviction)

DUI Third (and Subsequent) Arrest Conviction(s)

Up to 3 year in jail (4 years if transporting a minor)
Up to $3000 fine ($4000 if transporting a minor)
Minimum 18 months suspended drivers license

DUI and DWI charges are serious in Maryland. If is important to retain a skilled criminal defense lawyer as soon as possible after being charged with a DUI or DWI, or other alcohol or drug related charge, in Maryland

Attorney Jonathan Scott Smith is a top rated former criminal prosecutor, with over 30 years of courtroom experience. He has handled thousands of drunk driving cases. You can see what many satisfied clients have to say about the job he did for them. In addition, you can check the results in real cases he has handled.

Contact Our Office

To schedule an appointment, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to work 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, Drunk Driving, DUI, DWI Tagged With: administrative license revocation, alcohol, alcoholic beverage, alcoholism, attorney, breath tests, breathalyzer, drives, driving, driving under the influence, Drunk Driving, drunk driving defense lawyer, drunk driving law, drunk driving laws, drunk driving lawyer, DUI, dui attorney, dui defense lawyer, dui lawyer, dui penalties, dui repeat offender, dwi attorney maryland, dwi maryland, dwi penalties, DWI Second Arrest, howard county, howard county dui lawyer, impaired driving, jonathan scott smith, law, maryland, maryland drunk driving, maryland DUI law, maryland laws, md, road transport, sobriety checkpoint, traffic collision

Man Charged with High School Assault 2

April 8, 2012 by jsmith

Student Allegedly Assaulted

Howard County Police charged a Baltimore man with coming onto Long Reach High School in Columbia and assaulting a student. He was charged with second degree assault and disorderly conduct. An onlooker videotaped the incident and posted the video online.

What is Assault?

Under Maryland law, a second degree assault (also known as assault 2) occurs when someone places the victim in reasonable fear of an imminent harmful or offensive touching, and the actor has the present apparent ability to carry out the threat. Assault also includes the consummated act of battery, which is an intentional harmful or offensive touching. Domestic assault and domestic violence assault are two examples of assault.

Penalties for Assault

Second degree assault is a misdemeanor. If convicted, the court may impose a sentence up to 10 years imprisonment, a $10,000.00 fine, or both.

Ellicott City and Columbia Assault Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience, including assault cases. Attorney Smith has handled thousands of assault and other criminal cases in the local courts. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in assault 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 defense attorneys in Howard County.

Attorney Jonathan Scott Smith represents clients in assault and 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.

Contact Us

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: Assault, Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Domestic Assault, Domestic Violence, Uncategorized Tagged With: assault, assault lawyer, columbia criminal defense lawyer, columbia criminal lawyer, columbia md, Criminal Defense, criminal defense lawyer, criminal lawyer, domestic assault, domestic assault lawyer, domestic violence assault, ellicott city criminal lawyer, ellicott city md, howard county criminal defense lawyer, howard county criminal lawyer, howard county md, jonathan scott smith, lawyer assault, penalties for assault, penalty for assault, second degree assault, what is assault

Student Not Guilty of Possession of Drugs and Deadly Weapons

April 1, 2012 by jsmith

Drug Possession and Deadly Weapons

A 21-year old student was stopped by a Howard County for a cracked windshield. After being stopped, the driver was asked repeatedly whether he had anything illegal in the car. The police officer stated that the student might as well be honest, because the officer was going to search the car anyway.

Car Search Results in Marijuana and Deadly Weapons

The student then admitted having a marijuana pipe. The police officer ordered the driver out of the car, placed him under arrest, and searched the car, seizing marijuana, drug paraphernalia, and a hatchet and several knives (deadly weapons). The student, however, was found not guilty of all charges in the District Court for Howard County.

Most deadly weapon and drug possession charges result in plea bargains. But someone charged with possession of drugs and deadly weapon charges should have an experienced criminal lawyer or drug possession attorney defend them.

Driver Not Guilty of Drug Possession and Deadly Weapon Charges

In this case, Jonathan Scott Smith, an experienced Columbia criminal lawyer, represented the student. He refused a plea bargain offer and took the case to trial. On cross examination, the police officer admitted that the student had not committed any moving violations. The officer could not describe the location or size of the alleged windshield crack, and never issued a repair order for such a violation. The judge agreed that the police officer lacked legal cause to stop the car, and suppressed all evidence, including the marijuana, drug paraphernalia, and deadly weapons. Absent this evidence, the student was found not guilty of all charges.

Top Rated Howard County Drug Possession 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 deadly weapon and drug possession 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.

Mr. Smith’s extensive trial experience — and track record of successful results in drug possession and deadly weapon charges, and other 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

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Woman Cleared in Hit and Run Accident

April 1, 2012 by jsmith

A 54-year old woman with a high security clearance was charged with a hit and run accident after allegedly striking a pedestrian in a grocery store parking lot. The complainant claimed that she was struck and knocked down by the driver’s car, which then fled the scene.

What is Hit and Run

What is a hit and run accident? Hit and run in Maryland occurs when a driver is involved in a bodily injury accident, and then fails to remain at, or return to, the scene to render aid, and provide identifying and insurance information.

Hit and Run Penalties

Hit and run penalties are very severe. If convicted, the court can impose up to one year in jail, and a $1,000.00 fine. In addition, the driver could receive 12 points — basis for revocation of a driver’s license.

In this case, the prosecution sought jail time based on the seriousness of the alleged hit and run accident. Columbia criminal lawyer and hit and run attorney Jonathan Scott Smith represented the accused hit and run driver, rejected all plea bargain offers, and took the case to trial.

The evidence showed that the pedestrian denied any injury to paramedics who arrived at the hit and run scene. Also, an examination failed to reveal any injury whatsoever. Maryland law not only requires proof of bodily injury, but that the alleged hit and run driver knew there was an injury. The accused was found not guilty of all charges after a hotly contested trial in the District Court for Howard County.

Howard County Hit and Run Attorney

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of criminal law experience. He has represented people charged in and around Howard County, including Ellicott City and Columbia, Maryland, who have been charged with a hit and run accident.

Top Rated Ellicott City Criminal Lawyer

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 criminal cases, including hit and run accidents— 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 defense and hit and run attorneys in Columbia, Ellicott City, and Howard County.

To schedule a meeting, contact our office by e-mail or call us at 410-740-0101.

Contact Our Office

For an appointment, contact us by e-mail or call us at 410-740-0101. Put an experienced Maryland hit and run defense attorney to work for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in hit and run accidents, 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’s and Prince George) County, Howard County and Montgomery County, MD.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, traffic charges, Uncategorized Tagged With: columbia criminal defense lawyer, columbia md, Criminal Defense, criminal defense attorney, criminal lawyer, District Court for Howard County, ellicott city, ellicott city criminal lawyer, hit and run, hit and run accident, hit and run attorney, hit and run penalties, howard county, howard county criminal defense lawyer, howard county criminal lawyer, jonathan scott smith, what is a hit and run, what is hit and run, what is hit and run accident, what to do in hit and run accident

Howard County Teen Drivers and Traffic Charges

March 26, 2012 by jsmith

Howard County teenage drivers, like teen drivers everywhere, are more likely to take risks than other motorists when driving; more likely to text while driving; and more likely to speed than other drivers. Most teen deaths occur in car crashes between 3 p.m. and midnight. That’s why the Howard County Police offer various educational programs like collision avoidance training, and classes to prevent teenage drivers from drinking and driving.

Unfortunately, many teen drivers in Howard County still receive traffic charges for speeding, reckless driving, violation of alcohol restriction, and drunk driving, including DUI and DWI. A conviction of any traffic charge might result in loss of a provisional driver’s license. Even though a teenager is charged with a traffic violation in Howard County, they still need an experienced traffic ticket lawyer to defend them. In many cases, it is the parents who end up bearing the brunt when their teenager loses a driver’s license and a parent must drive their child back and forth to school or to a job.

Howard County Traffic Ticket Lawyer

Jonathan Scott Smith is a Howard County traffic ticket lawyer with many years of experience representing teenage drivers in traffic violation cases. Many of our new cases are referred to us by former clients or by other attorneys. He fights hard for his clients. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

Mr. Smith’s extensive trial experience — and track record of successful results — 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 defense and traffic ticket attorneys in Columbia, Ellicott City, and Howard County.

To schedule a meeting, contact our office by e-mail or call us at 410-740-0101.

Defense of Traffic Violations

We handle all traffic tickets for individuals throughout the Baltimore metro area. We defend teen drivers charged with any type of traffic offense, including:

DUI / DWI or drunk driving
Speeding
Negligent driving
Reckless driving
Violation of license restriction, including violation of alcohol restriction

Contact Our Office

For an appointment, contact us by e-mail or call us at 410-740-0101. Put an experienced Maryland traffic violations defense lawyer to work for you. We accept Visa, MasterCard, Discover and American Express.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, driving with suspended license, DUI, DWI, reckless driving, traffic charges, Uncategorized Tagged With: provisional driver's license

Drivers Charged with DUI and Driving While Suspended in St. Patrick’s Day Sobriety Checkpoint

March 21, 2012 by jsmith

On St. Patrick’s Day, Howard County Police conducted a sobriety checkpoint. Two drivers were charged with drunk driving, and another was charged with driving while license suspended. The checkpoint was located on eastbound Maryland Route 175 at Columbia Gateway Drive. A total of 858 vehicles passed through, according to information provided by the Howard County Police. These are just a few of the many drivers charged with driving drunk, DUI, DWI, and driving while suspended in Howard County each year.

Howard County DUI Lawyer

Mr. Smith is a top rated drunk driving lawyer and former prosecutor with more than 30 years of experience in criminal law and drunk driving cases. Before going into private practice, attorney Smith worked as a Maryland prosecutor and learned how the state prepares criminal matters. He has handled 1,000’s of drunk driving cases. Mr. Smith knows the penalties for driving drunk are severe, and he aggressively fights for his clients charged with DUI drunk driving charges.

Drunk Driving Defense

We have protected the rights of thousands of people in court, and have a proven track record of success. Because of our reputation for thorough preparation and the highest level of personal service, many of our new cases come to us as referrals from other attorneys or from satisfied clients. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

Mr. Smith’s extensive trial experience — and track record of successful results — 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 defense and DUI drunk driving attorneys in Columbia, Ellicott City, and Howard County.

For a private consultation, contact our office by e-mail or call us at 410-740-0101.

Learn more about Maryland DUI law, DUI Penalties and Selecting a DUI Lawyer.

Howard County Drunk Driving (DUI / DWI) Defense Practice

We handle all matters related to drunk driving charges, from the Motor Vehicle Administration (MVA) hearing to determine the status of your driving privileges, to the criminal proceeding to establish guilt or innocence and punishment. We represent people charged with their first DUI, as well as repeat offenders.

When you hire us to defend you against a charge of drinking and driving, we will conduct a thorough examination of the facts and circumstances of your arrest, starting with a determination of whether there was probable cause to make the traffic stop. We will review police reports and verify that field sobriety and blood alcohol or breath tests were done legally and properly. If legal errors were made, or your constitutional rights were violated, we will fight to prevent the prosecution from using the evidence and/or seek dismissal of charges.

We aggressively represent people charged with:

DUI, or driving under the influence of alcohol
DUI Per Se, or driving under the influence of alcohol per se
DWI, or driving while impaired by alcohol
Operating a vehicle while under the influence of drugs
Driving while under the influence of a controlled dangerous substance (CDS)

Contact Our Office

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, driving with suspended license, Drunk Driving, DUI, DWI, traffic charges Tagged With: columbia criminal defense lawyer, drinking and driving, driving under the influence, driving while impaired, Drunk Driving, drunk driving defense, DUI, dui lawyer, DWI, dwi defense lawyer, ellicott city criminal lawyer, ellicott city dui lawyer, howard county, howard county criminal defense lawyer, howard county dui lawyer, maryland dui lawyer, penalty for drunk driving

Nurse Cleared of Driving While License Suspended

March 21, 2012 by jsmith

A 39-year old registered nurse was stopped by Howard County police in Columbia and charged with two counts of driving while license suspended. The penalty for driving while suspended is up to one year in jail, a $1,000.00 fine, and 12 points. The client needed her license to keep her job, and to drive her young children. The case was heard in the District Court for Howard County, located in Ellicott City.

Defense lawyer and traffic ticket attorney Jonathan Scott Smith represented the nurse, rejected the prosecutor’s plea bargain offer, and aggressively defended the case. The judge granted Mr. Smith’s motion to dismiss one charge after successfully pointing out that the citation failed adequately to charge an offense under the law. After that, the prosecutor abandoned the case and dismissed the remaining driving while license suspended charge, clearing the client of all charges.

Experienced Howard County Traffic Ticket Lawyer

Mr. Smith is a top rated criminal lawyer and former prosecutor with more than 30 years of criminal law experience. He has represented many clients in Howard County, including Ellicott City and Columbia, Maryland, who have been charged with driving while license suspended. Mr. Smith is an experienced traffic ticket attorney who has handled many driving while license suspended cases in Howard County.

Howard County Traffic Ticket Defense Attorney

Because of our demonstrated record of success and our strong reputation in the legal community, many of our new cases are referred to us by former clients or by other attorneys. Mr. Smith fights hard for his clients in Howard County traffic ticket cases. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

To schedule a meeting, contact our office by e-mail or call us at 410-740-0101.

Defense of Howard County Driving While License Suspended

We handle defense of driving while license suspended charges, and traffic tickets for individuals throughout the Baltimore metro area. We will fully investigate the facts and evidence related to your citation, and defend you aggressively. The penalty for driving while suspended is very serious: up to one year in jail, a $1,000.00 fine, or both, and a conviction can result in 12 points on your driving record – enough to revoke your driver’s license.

Contact Our Office

If you need a lawyer for traffic tickets, including driving while license suspended, contact us by e-mail or call us at 410-740-0101. Put an experienced Maryland traffic violations defense lawyer to work for you. We accept Visa, MasterCard, Discover and American Express.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, driving with suspended license, traffic charges Tagged With: criminal defense law firm, driving while license suspended, driving while license suspended in Howard County, howard county criminal lawyer, howard county defense lawyer, lawyer for traffic ticket, penalty for driving while suspended, traffic ticket attorney, traffic ticket lawyer, traffic violation

Beware: Saint Patrick’s Day Police Sobriety Checkpoints!

March 12, 2012 by jsmith

Howard County Sobriety Checkpoints
sobriety-checkpoint-howard-county1
The Howard County Police Department has announced that it will conduct a sobriety checkpoint at an undisclosed location this weekend to promote awareness and reduce the number of alcohol-impaired drivers on the roads. The checkpoint will be clearly marked with signs, lights and uniformed officers. Officers will utilize both marked and unmarked vehicles and will be checking for violations including driving under the influence of alcohol, failure to use seat belts and failure to use child safety seats.

Sobriety Checkpoints and Constitutional Protections

A sobriety checkpoint allows police officers to observe drivers and their cars for evidence of drunk driving. Ordinarily police cannot stop a vehicle unless there is a “reasonable and articulable suspicion” that the driver or the vehicle is violating the law. Sobriety checkpoints involve the stopping of vehicles without this showing. That’s why many states outlaw the sobriety checkpoints. An innocent driver’s constitutional rights may be violated by sobriety checkpoints.

Howard County DUI/DWI’s

In 2011, Howard County Police arrested 1,391 individuals for driving under the influence. In 2011, 25 percent of Howard County’s fatal collisions were alcohol related. Drinking and driving carries harsh penalties.

Howard County and Ellicott City DUI DWI Defense Lawyer

Attorney Jonathan Scott Smith is a top rated attorney and former prosecutor with more than 30 years of experience in criminal law and drunk driving cases. Before going into private practice, attorney Smith worked as a Maryland prosecutor and learned how the state prepares criminal matters. He has handled 1,000’s of drunk driving cases.

Mr. Smith’s extensive trial experience — and track record of successful results — 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, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense and DUI drunk driving attorneys in Columbia, Ellicott City, and Howard County.

Contact Our Office

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Drunk Driving, DUI, DWI Tagged With: driver arrested at checkpoint, drunk driving sobriety checkpoint, dui checkpoint, dwi checkpoint, howard county police sobriety checkpoint, sobriety checkpoint, sobriety checkpoint howard county

Drinking and Walking Is Not a Crime, But Can Still Lead to Trouble in Maryland

March 5, 2012 by Jonathan Smith

DWI and DUI Defense in Columbia, Ellicott City, and Howard County, MD

While Driving While Impaired (DWI) and Driving Under the Influence (DUI) are crimes in Baltimore, and throughout Maryland, drinking and walking is not. However, recent events demonstrate that you must always be careful if you go out drinking, and it is best to have a designated driver or cab fare.

In December of 2011, a pedestrian was struck by a vehicle on Route 924. The pedestrian was only 23 years old and his death marked the 23rd highway fatality in Harford County in 2011. The pedestrian who was killed was suspected of being drunk and walking in the driving lane of the highway.

One common mistake many pedestrians make is they think because they can see cars and other motor vehicles clearly, that the oncoming vehicles can see them just as clearly. For those who drive, we know that is not the case. If you are walking or bicycling along a road or highway, you should wear bright clothing, reflective clothing if possible, so drivers can see you more easily.

If you go out drinking, be careful and appoint a designated driver, or at least think ahead and make taxi arrangements. If you do drive, remember, DUI and DWI charges are serious in Maryland.

If you are charged with drunk driving, it is important to retain a skilled criminal defense lawyer as soon as possible after being charged with a DUI or DWI, or other alcohol or drug related charge, in Maryland.

Contact Our Office

Attorney Jonathan Scott Smith represents clients in criminal defense matters, DUI / DWI, MVA Hearings, and traffic offenses 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, Drunk Driving, DUI, DWI Tagged With: administrative license revocation, alcohol, alcoholic beverage, alcoholism, attorney, breath tests, breathalyzer, drives, driving, driving under the influence, Drunk Driving, drunk driving defense lawyer, drunk driving law, drunk driving laws, drunk driving lawyer, dui defense lawyer, howard county, impaired driving, jonathan scott smith, law, maryland, maryland drunk driving, maryland laws, md, road transport, sobriety checkpoint, traffic collision

Defending Against False Allegations of Domestic Violence

December 30, 2011 by Jonathan Smith

domestic-violence-2

Accusations of domestic violence can have both criminal and civil consequences. Civilly you could be subjected to the restrictions of a domestic restraining order, also known as a protective order. And criminally you may face assault and/or battery charges.

If you are convicted of domestic abuse you can be fined and put in jail. Even if you aren’t convicted on a criminal charge you could be subject to a protection order that requires you to move out of your home and have no contact with your spouse or minor children. Civil domestic violence matters can also affect divorce and custody matters, and can result in serious consequences including:

Denial of custody of minor children
Protective orders against you
Mandatory participation in anger management or other treatment
Civil liberties restrictions
Surrender of firearms

If you have been falsely accused of domestic violence, you need to:

Understand the gravity of the situation and never assume that, because the charges are false, you will not be convicted.
Prepare for the expense of your defense. Your Maryland domestic violence defense attorney needs to build a strong defense, which may include costs to obtain records, serve subpoenas, and retain private investigators.
Document everything by writing down every detail you remember, possible witnesses, receipts and anything else related to the charges. The more information you can give your attorney, the more effective the defense he will be able to mount for you.
Know your rights. If you are not arrested, you are free to leave. If you have been arrested, you have a right to an attorney and to remain silent. Law enforcement is not on your side, and a simple explanation can end up causing more problems.

Talk to a Howard County criminal defense attorney today

Allegations of domestic violence, even if false, are very serious and you need to take such charges seriously. Contact Jonathan Scott Smith online or call 410-740-0101 to discuss your case.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Domestic Assault, Domestic Violence Tagged With: columbia criminal defense lawyer, criminal defense lawyer, criminal lawyer maryland, domestic violence, Domestic Violence attorney, Domestic Violence charge maryland, Domestic Violence charges, Domestic Violence charges maryland, Domestic Violence maryland, howard county criminal defense lawyer, howard county criminal lawyer

Jonathan Scott Smith Criminal Defense Firm