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

CrimDef13

What Assault Crimes Are Charged As Misdemeanors In Delaware?

By Michael W. Modica |

When you think of assault as a violent physical attack on someone, you might be surprised to learn that not all crimes in this category are classified as felonies. The issue comes down to definitions under the Delaware Criminal Code section on offenses against the person. There are numerous crimes that range in terms… Read More »

CrimDef10

What Happens At A Delaware Sentencing Hearing?

By Michael W. Modica |

Whenever someone is convicted of a crime in Delaware, the next phase of the criminal case is sentencing by the judge in accordance with legal guidelines. The Delaware Department of Justice describes the sentencing process. With some cases, especially misdemeanors, the court will issue penalties immediately after the verdict is read and during the… Read More »

Arrested13

Consequences Of Violating Probation In Delaware

By Michael W. Modica |

In many Delaware criminal cases, especially those involving first-time offenders, a court will order probation as the sentence for a conviction. Under the system of classifying punishment, probation falls at Level I, II, or III based upon how involved you need to be with a probation officer. Still, the requirements of probation are preferred… Read More »

CrimLaw12

How Delaware Habitual Offender Cases Are Different From Other Criminal Cases

By Michael W. Modica |

Like other US states and the federal government, Delaware treats criminal cases very harshly when the accused has a history of arrests, convictions, or both. In short, the statute on habitual offender status provides that individuals convicted of certain offenses will receive longer periods of incarceration when they have a prior criminal history. The… Read More »

GavelHandcuffs

Driver’s License Suspension V. Revocation In Delaware

By Michael W. Modica |

It is true that the two terms are used interchangeably, but a driver’s license suspension and revocation are very different concepts under Delaware law. Essentially, your driving privileges are temporarily removed when officials suspend your license; with a revocation, your privilege to drive is canceled entirely. However, the statute on driving without a license… Read More »

CrimDefense

What Are Index Crimes In Delaware?

By Michael W. Modica |

In addition to investigating crime, the FBI is also charged with tracking criminal activity for purposes of predicting trends and assessing the effectiveness of crime fighting efforts. The agency created the Uniform Crime Reporting (UCR) Program to assist with these efforts, and the regulations create a classification system for Part I and Part II… Read More »

Crime3

How Delaware Officials Investigate Computer Crimes

By Michael W. Modica |

There was a time when law enforcement lacked the knowledge, tools, and experience to effectively pursue computer crimes, but the resources available to investigators are now quite robust. Despite the efforts and innovations used by hackers, police are making more arrests than ever for violations of Delaware statutes on Computer-Related Offenses. Officers are developing… Read More »

WhiteCollar4

What Is “Occupational” Fraud Under Delaware Criminal Laws?

By Michael W. Modica |

Fraud is an umbrella term that covers many different types of schemes in which a perpetrator misappropriated the property of another through use of false statements or deception. One specific type that is on the rise in the US is occupational fraud, which the Association of Certified Fraud (ACFE) defines as knowing misrepresentation of… Read More »

Drugs5

Penalties For Cocaine Possession In Delaware

By Michael W. Modica |

Delaware’s drug laws are some of the toughest in the US, but not all controlled substances are treated the same. The statute classifies drugs according to their potential for abuse and accepted usage by the medical community, and cocaine is considered among the most dangerous. Aside from the type of drug, the Delaware’s Uniform… Read More »

Gun

Defenses To Weapons Charges In Delaware

By Michael W. Modica |

Violations of Delaware weapons laws may not constitute a large percentage of the arrests police make every year, but the statistics show that law enforcement is diligent about apprehending suspects. According to a report on Crime in Delaware, officers charge around 2,100 people with weapons law violations. The counts range from possession by prohibited… Read More »

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