Types of Hate Crimes

November 30, 2011 by Jonathan Smith

hate-crime

A hate crime is a crime against a person or group that is motivated by the victim’s racial, religious, ethnic or gender group. For a criminal act to be a hate crime, it must meet any of the following criteria:

During the crime, racial, religious or ethnic statements are made
Hate group symbols are displayed
Motivation for the crime is to intimidate, harm or injure a particular group or organization
The victim perceives it to be a hate crime

Federal law covers hate crimes under civil rights statutes and provides for more severe sentencing on convictions if the defendant selected the victim because of:

Race
Color
Religion
National origin
Ethnicity
Gender
Disability
Sexual orientation

In Maryland, it is against the law to:

Vandalize any religious property
Interfere by force or threat with anyone’s exercise of their religious beliefs
Damage or destroy anyone’s property because of their race or beliefs
Harass or commit a crime against any person because of their race, color, religious beliefs or national origin

And the state of Maryland, like the federal government, includes more severe sentencing when a person is convicted of a hate crime.

When you need a strong defense, contact a Howard County criminal defense attorney

The very nature of a hate crime arouses enormous public outrage and media speculation. Unfortunately for the defendant in a hate crimes case, the negative publicity and public opinion can make it difficult to receive a fair trial. Merely being accused of such a crime can ruin your reputation, endanger your job and even splinter your family. And the need for an experienced Maryland criminal defense attorney is vital.

If you have been accused of a hate crime contact Jonathan Scott Smith online or call 410-740-0101 to discuss your case with an attorney who fight aggressively for you.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Hate Crime Tagged With: columbia criminal lawyer, Criminal Defense, criminal lawyer, criminal lawyer maryland, hate crime, hate crime attorney, hate crime charges, howard county criminal defense lawyer, howard county criminal lawyer

Driver Accused of Road Rage Assault Found Not Guilty

October 5, 2011 by jsmith

Road Rage Incidents Between Cars and Bicycles

Drivers often have disagreements on the road, and sometimes this results in accusations of road rage assault. Drivers and bicyclists can have difficulty sharing the road. Under Maryland law bicyclists are subject to the same responsibilities and “rules of the road” as drivers of motor vehicles. Sometimes drivers are falsely accused of road rage offenses, including use of a motor vehicle to commit an assault or reckless driving. That’s when it’s important to know that every person accused of any criminal or traffic violation has the right to be represented by an experienced lawyer, and the right to a trial.

Driver Found Not Guilty of Assaulting Bicyclist

In a recent case, a car driver was charged with Second Degree Assault and Reckless Driving in the District Court for Howard County, based on a claim of road rage assault. A bicyclist accused the driver of exchanging words from a traffic dispute, and then abrupty swerving onto the shoulder and slamming on his brakes in front of the bicycle, causing it to collide with the back of the car. The bicyclist was thrown from his bike, and sustained injuries.

Columbia criminal defense lawyer Jonathan Scott Smith aggressively defended the car driver. The prosecutor asked the driver to plead guilty to Second Degree Assault and serve 30 days in jail for road rage assault. Mr. Smith strongly urged the client to reject the plea offer and fight the case at trial. When the plea offer was rejected, the prosecutor retaliated and stated she would request 6 months in jail if the driver was convicted.

The case went to trial in the District Court for Howard County, located in Ellicott City, Maryland. Mr. Smith vigorously cross examined the bicyclist, who reluctantly admitted that he had yelled at the car driver and gave the driver the “middle finger.” Mr. Smith also played a 911 recording, confirming that the accused had called 911 to obtain assistance for the bicyclist, who was heard in the background engaging in a tirade of obscenities toward the driver. Mr. Smith used photographs of the road and forced the bicyclist to admit that he in fact was violating the traffic laws.

The car driver was found not guilty of Second Degree Assault and Reckless Driving.

Howard County, Columbia and Ellicott City Criminal Lawyer

Dealing with criminal charges, including accusations of road rage assault, can be daunting and emotionally stressful. And regardless of the circumstances of your case, you have a right to legal counsel and representation. Further, an arrest or accusation does not mean you will be found guilty.

Mr. Smith’s extensive trial experience — and track record of successful results in road rage, 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 lawyers in Howard County.

You need an experienced and skilled criminal defense attorney who understands the legal process and can mount an effective defense. Contact us online or call us at 410-740-0101 to schedule a consultation to discuss your case.

Filed Under: Assault, criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, reckless driving, traffic charges, Uncategorized Tagged With: assault, criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, reckless driving, traffic charges

DUI/DWI and Repeat Offenses

September 28, 2011 by Jonathan Smith

dui-3

Throughout the country, penalties for drunk driving convictions are steep and Maryland is no exception. Penalties for repeat offenders are even more severe, and prosecutors are tougher on repeat offenders and often seek to make an example of such defendants by asking for the highest penalties possible under the law.

If you are convicted of second or third offense of DUI or DWI in Maryland, you could face the following penalties:

DUI second offense: Up to two years in jail, a one-year license suspension, possible ignition interlock program installation and up to $2,000 in fines
DWI second offense: Up to one year in jail, a one-year (or longer) license suspension and up to $500 in fines
DUI third offense: Up to three years in jail, up to an 18-month license suspension and up to $3,000 in fines
DWI third offense: Any of the above and possible additional jail time, a five-year license suspension and participation in a 28-day residential treatment program
In addition to legal penalties for a DUI/DWI conviction, such convictions can have far-reaching effects in your personal life, including:
Increased automobile insurance premiums
A criminal record
Diminished employment and business opportunities
Loss of reputation, family and friends

Get help from a legal professional

Dealing with DUI/DWI charges can be daunting and emotionally stressful. And regardless of the circumstances of your case, you have a right to legal counsel and representation. Further, an arrest does not mean you will be found guilty. When facing DUI/DWI charges, particularly if it is a repeat offense, you need an experienced and skilled attorney who understands the legal process and can mount an effective defense. Contact Jonathan Scott Smith online or call us at 410-740-0101 to schedule a consultation to discuss your DUI/DWI case.

Filed Under: defense attorney, Drunk Driving, DUI, DWI Tagged With: Drunk Driving, drunk driving maryland, DUI, dui attorney, dui attorney maryland, dui license suspension, dui repeat offender, dui third offense, DWI, dwi attorney, dwi attorney maryland, dwi license suspension, dwi repeat offender, dwi third offense, license suspension maryland, repeat drunk driving, • Increased automobile insurance premiums dui, • Increased automobile insurance premiums dwi

Man Cleared of Repeat DUI Offender Charges

July 7, 2011 by jsmith

Man Faced Repeat DUI Offender Charges

A 28 year old owner and manager of an entertainment business was stopped for speeding on Route 29 in Howard County. The police officer smelled a moderate odor of alcohol and asked the driver to perform Standard Field Sobriety Tests. The driver knew he wasn’t drunk and refused to perform the field tests. The police officer arrested him and then asked the man to submit to a breathalyzer, which he also refused because he didn’t think there was adequate probable cause for the arrest.

Being arrested and charged with DUI is frightening enough, but being charged with a repeat drunk driving offense means you may not only lose your driver’s license, but go to jail. That’s why it’s so important to be represented by an experienced DUI lawyer. You need to know how to select an experienced and qualified DUI lawyer.

Repeat DUI Offender Charges Dismissed

The driver had been represented successfully in the past by Jonathan Scott Smith, an experienced DUI attorney in Columbia, Maryland, who has more than 30 years of successful experience. Knowing the stakes, he retained Mr. Smith to defend him again on the repeat DUI offender charges. Mr. Smith advised the client to refuse all plea bargain offers and present an aggressive defense. The case was heard in the District Court for Howard County, located in Ellicott City. Ultimately, the prosecutor realized that there was insufficient evidence of drunk driving and dismissed the repeat DUI offender charges.

Ellicott City and Columbia DUI Defense Lawyer

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

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in DUI/DWI, drunk driving, and other criminal cases — has earned him the recognition of the legal community, 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 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 DUI lawyer and criminal defense attorney, 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: criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, Drunk Driving, DUI, DWI

Resident Alien Avoids Deportation Based on Conviction for Domestic Violence

July 5, 2011 by jsmith

Deportation Based on Conviction for Domestic Violence

The federal immigration law provides that any alien is subject to deportation based on a conviction for domestic violence, i.e. if the alien has a conviction of “a crime of domestic violence.” The term “crime of domestic violence” means any crime of violence committed by a current or former spouse, a person who shares a child in common, or a cohabitant. The term “crime of violence” is defined broadly, and includes “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” Conviction also is broadly defined and includes a “formal judgment of guilt” even “if adjudication of guilt has been withheld.”

Criminal Lawyer Obtains Dismissal of Domestic Violence Charges against Woman

Many domestic violence arrests occur when spouses have an argument, some pushing or hitting occurs, police are called, and there is some evidence of injury, no matter how minor. For people who are not United States citizens, a conviction for domestic violence has catastrophic consequences because they will be subject to deportation.

Such was the case recently when a 41 year old computer scientist was arrested after a domestic dispute with her husband. The husband threw an object at his wife, striking her. When she understandably became upset, the husband physically restrained her. During the incident, the husband received small scratches and called police. Since the husband had evidence of minor injuries, the wife was arrested and charged with Second Degree Assault.

The wife retained Jonathan Scott Smith of the Smith Criminal Defense Firm. Mr. Smith, a Howard County criminal defense lawyer and former prosecutor with over 30 years of courtroom experience, understood the serious consequences of a conviction for domestic violence, including deportation. Mr. Smith handles domestic violence cases, and he undertook an aggressive defense. The case was heard in the District Court for Baltimore City. Fortunately, the prosecutor recognized that the husband was the one who initially committed an assault and dismissed the case. The wife avoided deportation based on conviction for domestic violence.

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in domestic violence, domestic assault, and other criminal cases — has earned him the recognition of the legal community, 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.

Contact Us

If you are a resident alien facing a criminal charge, including domestic violence, you need an experienced and aggressive criminal defense attorney and former prosecutor to fight for you. Call Mr. Smith now at 410-740-0101 or contact us online.

Filed Under: Assault, criminal defense lawyer, defense attorney, deportation, Domestic Assault, Domestic Violence

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

medical-marijuana1
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.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, driving with suspended license, traffic charges

Jonathan Scott Smith Criminal Defense Firm