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

Gavel

Can A Juvenile Be Charged As An Adult For Using A Fake ID In Delaware?

By Michael W. Modica |

It seems like all kids are in a hurry to grow up, but there can be big problems when they break the law to fake their way into adulthood. It is a crime in Delaware to engage in acts involving unlawful use of a license or identification card, and you might be surprised to… Read More »

BooksGavel

Do I Need A Lawyer To Defend Student Crime Allegations In Delaware?

By Michael W. Modica |

You might not expect student crime to be a significant problem in the US, but data indicates that law enforcement does not hesitate to pursue offenders. According to the National Center for Education Statistics, around 29,000 criminal incidents on university and college campuses are reported to police and security agencies every year. A whopping… Read More »

DUI22

Summer Travel: Facts About Out-Of-State DUI In Delaware

By Michael W. Modica |

After two years of COVID lockdowns and limitations, Americans are excited to travel for short trips, long adventures, and abroad destinations. A recent HomeToGo consumer survey reveals that people are eager to get out, with 82 percent of respondents indicating that they intend to travel more in 2022 compared to 2021. Summer remains the… Read More »

LadyJustice

Comparing Various Forms Of Robbery In Delaware

By Michael W. Modica |

In layman’s terms, theft is taking something that belongs to someone else and misappropriating it for your own use. However, people often lump together many related offenses, such as robbery, shoplifting, and burglary, when they are actually very different. Taking the basic crime of robbery in Delaware, there are two elements the prosecutor must… Read More »

Arrested11

Collateral Consequences For A Conviction On Delaware Child Abuse Charges

By Michael W. Modica |

It is no secret that Delaware law enforcement takes swift, aggressive action to pursue child abuse charges. According to the Delaware child abuse statute, you could find yourself facing a Class A Misdemeanor for causing physical injury through a single act or pattern of misconduct. The judge could order you to a year in… Read More »

Crime2

Two Types Of Probation Violations In Delaware

By Michael W. Modica |

In Delaware, there are two ways you could wind up on probation as part of resolving criminal charges. If you were convicted of an offense, a judge may place you on probation as part of your sentence either in lieu of or as a reduction of jail time. The second arrangement is probation before… Read More »

FedCrime3

911 Call As Evidence In Delaware Domestic Violence Cases

By Michael W. Modica |

Americans have been relying on 911 since 1968 as the standard emergency code to dial in the event of an emergency, and authorities record all communications between the caller and dispatch. When the caller is an alleged victim of domestic violence, there can be tricky civil rights issues with using transcripts of these 911… Read More »

CrimLaw14

Types Of Orders That Can Be Appealed In A Delaware Criminal Case

By Michael W. Modica |

While every case is different, a person convicted of a crime in Delaware will almost always have grounds to appeal various orders and decisions by the trial court. To get the appellate process moving, you must file the notice of appeal and comply with other requirements listed in Delaware criminal procedure rules. Keep in… Read More »

BarFight

Can I Face Delaware Assault Charges For A Bar Fight?

By Michael W. Modica |

In short, yes you can be arrested for getting into a bar fight and probably will when owners call police. These scenarios are usually covered by Delaware’s statute on Assault in the Third Degree, i.e., intentionally or recklessly causing physical injury to another person. The offense is a Class A Misdemeanor, so you could… Read More »

GunHolster

Is Delaware A Constitutional Carry State For Firearms?

By Michael W. Modica |

Though the topic has been in the news frequently in recent weeks with regards to other US states, the answer is NO: Delaware is not a constitutional carry state for purposes of firearms. The issue was before lawmakers not long ago, according to an article published by Delaware Live. However, the measure failed to… Read More »

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