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Michael W. Modica Law Your Cause Is My Purpose.
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Author Archives: Jay Butchko

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Unlawful Sexual Contact In Delaware

By Michael W. Modica |

You are probably aware that molestation is a serious criminal offense in all US states, but the terminology can vary considerably. The Delaware criminal code uses the term Unlawful Sexual Contact to describe what is familiarly known as molestation, and there are three separate, distinct offenses prohibited by the statute. Though this sex crime… Read More »

Courtroom

What Is Venue In A Delaware Criminal Case?

By Michael W. Modica |

Venue is often associated with wedding and party planning as being the site where the primary events will take place, and the term has a similar meaning in criminal law. Venue is the court and location where the case will proceed. The concepts are rooted in US constitutional law, which should convey how important… Read More »

CollegeDorm

Can Delaware Police Search My College Dorm Room?

By Michael W. Modica |

Leaving home for college is the first time many students will be living on their own, and a good percentage of them will live in dorms or other on-campus housing. In fact, some institutions – including the University of Delaware and Delaware State University – require first-year students to reside in dormitories. The college… Read More »

FedCrime2

Why Most Delaware White Collar Crimes Proceed In Federal Court

By Michael W. Modica |

White collar crime is a term that is used to refer to a category rather than a single offense, so there is no definition established by US or Delaware statute. However, the Federal Bureau of Investigation (FBI) has developed a working definition to assist law enforcement with apprehending offenders. This classification covers crimes that… Read More »

LadyJustice

Tips If You Were Served With A Delaware Domestic Violence Protective Order

By Michael W. Modica |

You know that assault is a crime in Delaware, but there are some laws and protections that apply when an altercation involves a member of the family or household. Domestic violence laws provide a process by which a person can petition for and obtain a protective order in Delaware, directing someone else to refrain… Read More »

ShopliftingTheft

Can A Store Owner Hold Me For Suspected Shoplifting In Delaware?

By Michael W. Modica |

Shoplifting charges in Delaware depend upon the value of the property stolen, and the penalties increase accordingly. You could be arrested for a misdemeanor or felony based upon the dollar amount as described in Delaware’s shoplifting law, with penalties including long prison sentences and steep fines. However, the circumstances of an arrest for shoplifting… Read More »

CrimLaw10

How To Prepare For A Probation Violation Hearing In Delaware

By Michael W. Modica |

Every US state has some version of probation for criminal activity, and Delaware’s laws allow a person to take advantage of the benefits for a wide range of offenses. The Delaware Bureau of Community Corrections describes the different levels of probation available, from Level 1 low supervision to Level IV home confinement. While on… Read More »

CrimLaw9

4 Reasons To Hire A Delaware Defense Attorney After A Child Abuse Arrest

By Michael W. Modica |

Delaware criminal laws come down hard on child abuse, yet it is unfortunately far too easy for someone to get caught up in allegations that may or may not be true. If you are facing charges, you might already be aware that many child abuse cases are classified as violent felonies under Delaware criminal… Read More »

Jail8

What Is A Sentence Modification In A Delaware Criminal Case?

By Michael W. Modica |

When you are convicted of a crime in Delaware, you will either be sentenced during the same proceeding or at a sentencing hearing to be conducted some time after the verdict. With both scenarios, it is usually the presiding judge that will issue penalties. In some cases, the judge may not be entirely fair… Read More »

BreathalyzerTest

Tests To Decline When Pulled Over For DWI In Delaware

By Michael W. Modica |

While most motorists are well-aware of the harsh penalties of a drunk driving conviction, it is always helpful to review the basics. Under the Delaware statute on Driving While Intoxicated (DWI), you face up to 12 months in jail and fine ranging from $500 to $1,500 for a first-time offense. The severity of charges… Read More »

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