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Author Archives: Jay Butchko

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Will I Be Deposed in a Delaware Criminal Case?

By Michael W. Modica |

If you recall from civics classes in school and possibly in your professional life, your constitutional rights are among the most important protections in a criminal case. One that arises often is the right against self-incrimination. The Delaware Constitution Bill of Rights, which parallels the Fifth Amendment to the US Constitution, states that no… Read More »

DUI_Law

Dual Penalties Under Delaware DUI Laws

By Michael W. Modica |

Many motorists are aware that Delaware law enforcement is aggressive in pursuing those they suspect of drunk driving, and officers will make arrests when a driver violates the law. According to official DUI statistics from the State of Delaware, there are more than 4,000 people arrested every year for driving while impaired. Police will… Read More »

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What Decisions are Up to Me in a Delaware Criminal Case?

By Michael W. Modica |

When you know that you could face jail time, fines, and harsh collateral consequences if convicted of a crime in Delaware, you realize that it is critical to retain legal counsel to assist with your case. A criminal defense attorney will have the years of education, training, and experience that you lack. Plus, to… Read More »

Appeal

What Results Can Be Appealed in a Delaware Criminal Case?

By Michael W. Modica |

A Delaware criminal case is decided by an entity termed the finder of fact, which simply means that the verdict will be either rendered by the judge or a jury. When a judge decides guilt in a bench trial, that person acts as both the finder of fact and the traditional judicial role. There… Read More »

Question

Questions for Your Delaware Criminal Attorney About Habitual Offender Charges

By Michael W. Modica |

All crimes in Delaware are more serious when the offender has a history of criminal convictions, whether the charges become more severe or the punishment is enhanced. However, with some cases, primarily those involving drug crimes and violent offenses, the stakes are much higher for the defendant. You could be labeled as a habitual… Read More »

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Tips to Avoid Probation Violations in Delaware

By Michael W. Modica |

Delaware offers a wide range of probation options for those who are arrested and convicted of a crime, and many first-time offenders will qualify. The primary benefit to you is that you will not be sentenced to jail, but you will need to meet the strict rules set by the court. Delaware’s statute on… Read More »

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Driving in Delaware on an Out-of-State Suspended License

By Michael W. Modica |

Delaware is in close proximity to several US states, so it is common for out-of-state drivers to pass through or stay for personal reasons and professional business. Of course, all traffic laws apply no matter where you call home, including Delaware’s statute on driving a vehicle on a suspended license. In many jurisdictions, a… Read More »

HelpfulTips

Tips When You are Under Arrest for Theft

By Michael W. Modica |

Any encounter with police can be intimidating, but you could be overwhelmed if it leads to an arrest for theft. You may know that the charges are serious, and that the penalties for a conviction are harsh. Delaware’s theft laws define multiple offenses that are graded according to the value of the property stolen,… Read More »

CrimDefense

What Should I Do After Discovering a Crime in Delaware?

By Michael W. Modica |

It is imperative that residents of Delaware take appropriate steps after witnessing a criminal offense or stumbling upon a crime scene. Your next steps are crucial, and a mistake could attract unwanted suspicion from the authorities. Often, it is difficult to think clearly after such a traumatic experience – and this may cause you… Read More »

GavelScales

Are Ghost Guns Legal in Delaware?

By Michael W. Modica |

Many states have become laser-focused on the issue of ghost guns, and Delaware is certainly no exception. With the rise of 3D printing, this subject is more relevant than ever. While Delaware gun control measures target criminals, legal gun owners may also find themselves in the crosshairs – and a simple mistake may lead… Read More »

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