Author Archives: Jay Butchko
Parties And Roles In A Delaware Criminal Case
In its most basic sense, a Delaware criminal case pits the government seeking to enforce its laws against the individual accused of breaking them. The government will take the position of the plaintiff, which has the burden of proof beyond a reasonable doubt with respect to every element of the offense. The person charged… Read More »
What To Do If You Are Accused Of Child Abuse In Delaware
Whether child abuse charges stem from false allegations or a momentary lapse in judgment, your actions after being arrested are critical to how your case unfolds in court. Under the Delaware criminal code on offenses against children, even lesser charges are treated as a Class A Misdemeanor punishable by a year in jail. However,… Read More »
Tips If You Were Arrested For Theft In Delaware
Being arrested for theft can be overwhelming and confusing, and you are probably aware that you are facing serious criminal charges. The Delaware criminal code defines theft as taking, exercising control over, or otherwise misappropriating property with the intent to permanently deprive its rightful owner of use. At the low end, theft is a… Read More »
3 Weapons Charges That Are Felonies Under Delaware Law
Though you may not know the specifics about Delaware weapons charges, you are probably aware that crimes are generally classified as a felony or misdemeanor. The latter offense is less serious, and each of the three classes in this category are punishable by less than a year incarceration if convicted. A judge could also… Read More »
Can I Be Convicted Of Assault Without A Victim In Delaware?
The short answer may not be welcome news but, yes, you can be found guilty of an assault crime even when there is no witness to testify in court. Though the details vary according to the specific type of assault under Delaware law, the prosecutor has to prove that you intentionally injured someone or… Read More »
Legal Representation Is Critical When Fighting Delaware Habitual Offender Status
Major reforms to Delaware’s habitual offender laws eased the implications for those charged with certain felonies a few years back. In 2016, the governor signed legislation that eliminated the mandatory minimums for some offenses and mandatory life sentences for individuals convicted of drug crimes. However, many people with multiple convictions in their past will… Read More »
Answers To FAQs About Delaware Law On Online Solicitation Of A Child
You do not need a legal background to know that sex crimes carry harsh consequences in all US states, and the implications can be extreme when the misconduct involves a minor. What you may now realize is that some acts are prohibited even when you do not have any sexual or physical contact with… Read More »
What To Do When Being Investigated By Delaware Police
Not every Delaware criminal case starts with a police encounter, putting a person in handcuffs, and reading of Miranda rights. In fact, law enforcement work behind the scenes in many cases, often conducting investigations for several months to accumulate enough evidence. They are not just gathering sufficient proof to make an arrest: Police are… Read More »
Collateral Consequences Of Juvenile Offenses In Delaware
Just as in other US states, Delaware criminal laws apply differently to adults as compared to juveniles under 18 years old. Cases involving children proceed in Delaware Family Court, where the focus is on rehabilitating the alleged offender instead of punishment. A finding that the minor engaged in criminal activity does not result in… Read More »
What Is Considered A “WIN” In A Delaware Criminal Appeal?
A conviction in a Delaware criminal case may seem like it closes the door to your legal options, but you may still be able to appeal the decision of the trial court if there were errors behind the verdict. In fact, many individuals in your position do exactly that according to the US Bureau… Read More »
