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Howard County Judge Dismisses DUI/DWI Charges for Speedy Trial Violation

June 1, 2012 by

Howard County Driver Charged with DUI/DWI

A 53-year old disabled man was charged with DUI (driving under the influence of alcohol) and DWI (driving while impaired) in Howard County after a Maryland State Trooper saw his car pass by without a right front tire and riding on its rim. The driver was arrested and charged with his 4th drunk driving offense. The prosecution gave notice that, if the driver were to be convicted, they would seek enhanced penalties as a repeated offender and request 6 months in jail.

Constitutional Right to Speedy Trial applies to DUI/DWI Charges

The United States Constitution and the Maryland Declaration of Rights  both provide every person accused of a crime with the right to a speedy trial. The right to a speedy trial applies to all criminal offenses, including  DUI, DWI, and other drunk driving charges.

Howard County Judge Dismisses DUI/DWI Charges for Violation of Speedy Trial

The accused was represented by Howard County criminal lawyer, Jonathan Scott Smith. The first trial date was postponed because the prosecution failed to provide an audio and video recording that was made by a camera in the police car at the time of the stop. The second trial date was postponed because no court and judge were available to hear the case. Since the beginning of the case, Mr. Smith repeatedly requested a speedy trial in writing and in open court.

The case was postponed repeatedly over Mr. Smith’s objections. The case finally was heard in the District Court for Howard County, located in Ellicott City. Mr. Smith, a top rated lawyer handling DUI/DWI cases, successfully convinced the judge that the client’s constitutional right to a speedy trial was violated because of the inexcusable delays between the date of arrest and the trial date — a period of 9 1/2 months. The judge agreed and 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 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 DUI/DWI, 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: Uncategorized

Domestic Assault Charges Dismissed During Trial

May 9, 2012 by

Howard County Domestic Assault Trial
A 37-year old program manager for a major defense contractor was arrested by Howard County Police and charged with domestic assault after an argument with his wife. The accused rejected a plea offer and demanded his constitutional right to fight the charges in a trial. The case was tried in the District Court for Howard County.

Prosecutor Dismisses Domestic Assault Charges During Trial

When the case proceeded to trial, the prosecutor called the wife as the prosecution’s first witness. Jonathan Scott Smith, a Howard County domestic assault lawyer representing the husband, cross-examined the complaining witness. Mr. Smith aggressively questioned the wife about her history of filing domestic violence charges in prior relationships. Her testimony about the day of the alleged domestic assault, and the way the altercation supposedly happened, was so confusing and muddled that the prosecutor abruptly dismissed the charges in the middle of cross-examination.

What is Domestic Violence Assault?

Under Maryland law, a second degree assault (which includes what is commonly referred to as “domestic assault” or “domestic violence assault”) 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.

Penalties for Domestic 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. A conviction can have many other devastating consequences, including loss of employment; loss of a security clearance; inability to possess firearms, including hunting rifles and shotguns; and deportation if one is not a United States citizen.

Ellicott City and Columbia Domestic Assault Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience, including domestic violence and domestic assault cases. Attorney Smith has handled thousands of domestic assault 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. 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 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.

Attorney Jonathan Scott Smith represents clients in domestic assault and other criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abusecharges 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 domestic assault 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: Assault, Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, Domestic Assault, Domestic Violence, domestic violence attorney, domestic violence lawyer, Uncategorized Tagged With: , , , , , , , , , , ,

Man Charged with High School Assault 2

April 8, 2012 by

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: , , , , , , , , , , , , , , , , , , , , ,

Student Not Guilty of Possession of Drugs and Deadly Weapons

April 1, 2012 by

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

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, Uncategorized Tagged With: , , , , , , , , , , , , , , , , , ,

Woman Cleared in Hit and Run Accident

April 1, 2012 by

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: , , , , , , , , , , , , , , , , , , ,

Howard County Teen Drivers and Traffic Charges

March 26, 2012 by

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.

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, driving with suspended license, DUI, DWI, reckless driving, traffic charges, Uncategorized Tagged With:

Attorney Smith Awarded Highest AVVO Rating “10.0 Superb”

February 14, 2012 by

avvo-badge
Jonathan Scott Smith has now been awarded the highest lawyer rating “10.0 Superb” by AVVO. AVVO considers a wide variety of information in developing a lawyer’s rating, including a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Ratings range from a low of 1.0 to 10.0, the highest rating.

Very few lawyers achieve the highest rating, and it is recognition of Mr. Smith’s extensive litigation experience, successful results, and the opinion of his peers.

 

Filed Under: Uncategorized Tagged With: , , , , ,

Driver Accused of Road Rage Assault Found Not Guilty

October 5, 2011 by

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: , , , , , ,

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