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Author Archives: Jay Butchko

CrimDefense

Expungement vs. Pardon in Delaware: What’s the Difference and Why It Matters

By Michael W. Modica |

A criminal charge or conviction can continue to affect your life long after your case is over. Employment applications, housing opportunities, professional licenses, and even personal relationships can be impacted by your criminal record. In Delaware, two legal remedies may help reduce or eliminate these consequences: expungement and pardon. While they are often confused,… Read More »

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What to Do If You Are Under Criminal Investigation Before Charges Are Filed

By Michael W. Modica |

Many criminal cases begin long before an arrest or formal charges. You might learn that you are under investigation through a call from a detective, a request for an interview, or even questions directed at friends or family members. At this stage, what you do or don’t do can have a profound impact on… Read More »

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Understanding Your Rights During a Police Search of Your Home or Vehicle

By Michael W. Modica |

Encounters with law enforcement can be stressful, especially when police want to search your home or vehicle. Many people assume they must automatically comply, but that is not always the case. Understanding your constitutional rights can help protect you from unlawful searches and preserve important legal defenses if charges are later filed. The Fourth… Read More »

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How Discovery Can Lead to Case Dismissal in a Delaware Criminal Case

By Michael W. Modica |

A lot of Delaware residents assume that what happened to them during their arrest will be the basis of the case against them. That’s not necessarily true. In reality, one of your criminal defense attorney’s most powerful tools actually comes after your arrest. This legal step gives your lawyer the opportunity to gather information… Read More »

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Understanding Habitual Offender Status in Delaware: What It Means and Why It Matters

By Michael W. Modica |

If you get charged with a crime in Delaware and have a criminal record, you can face enhanced penalties. Delaware has specific rules that allow the courts to impose enhanced sentences on those it deems habitual offenders. If you understand how this process works and how a skilled defense attorney can fight it, it… Read More »

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Expanding Beyond Expungement: Pardons and Commutations in Delaware Criminal Law

By Michael W. Modica |

When most folks think about clearing their criminal record, they focus entirely on expungement. In Delaware, however, there are other forms of post-conviction relief that aren’t expungement. This includes pardons and commutations. If you understand how these processes work, who is qualified, and what each process does, it can help you understand how our… Read More »

ToKnow

Defending Internet and Computer Crimes in Delaware: What You Need to Know

By Michael W. Modica |

More of our lives take place online. We use the internet to stay in touch with family and friends. However, that can be a major problem for anyone facing charges in Delaware. The prosecutor will definitely use online evidence against you if they can find it. In addition, there are specific crimes that apply… Read More »

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