Author Archives: Jay Butchko
How Delaware Weapons Charges Laws Are Organized
With a quick glance at Delaware’s weapons charges statutes, the only thing that becomes quite clear about the laws is that they can be extremely murky. Unless you have a legal background, it can be difficult to make sense of what acts are illegal. You could put yourself at risk of arrest by not… Read More »
4 Differences When A Delaware DUI Case Is Based Upon Impairment
One common misconception about drunk driving laws in Delaware is that you can only be arrested if your blood alcohol concentration (BAC) is above the legal limit of .08 percent. While this is true, the error is not realizing that you can also face charges for impairment under Delaware’s DUI statute. In short, police… Read More »
What Does It Mean To Be A Habitual Offender Under Delaware Criminal Law?
There was a time in Delaware when judges had no discretion when establishing penalties for someone convicted multiple times for designated crimes, meaning the judge was not allowed to consider any factors or deviate from the sentencing guidelines. Much of this harsh, draconian approach to criminal offenses changed when lawmakers enacted significant reforms to… Read More »
Delaware Driving Offenses You Did Not Know Were Crimes
For the most part, a violation of Delaware’s traffic laws will lead to a ticket, fines, and points added to your driving record. A citation is not a crime, but rather a civil offense in most cases. Of course, most motorists are aware of one critical exception for driving under the influence of alcohol… Read More »
Does Delaware Have A “Romeo & Juliet” Law?
Delaware is tough on sex offenses involving minor children, designating most of these crimes as felonies punishable by long prison terms and fines. Plus, there is one key collateral consequence that could follow you around long after you serve your sentence: You may need to register as a sex offender for the rest of… Read More »
CDL Holders Charged With DUI In Delaware: Consequences You May Not Expect
Holders of Commercial Driver’s Licenses (CDLs) are tasked with safe operation of a massive, cargo-laden vehicle that can careen out of control with the slightest lapse in judgment. It is for this reason that many states, including Delaware, have implemented a separate set of rules for truck drivers and drunk driving. The success of… Read More »
What Drug Crimes Are Felonies In Delaware?
Delaware criminal laws are extremely tough on drug offenses, but there are certainly some that are more serious than others. The state criminal code includes a section on classification of offenses, with some minor drug crimes falling in the misdemeanor category. However, under certain circumstances, an arrest could lead to felony drug charges, punishable… Read More »
5 Ways To Make A Delaware Drunk Driving Case Worse
When looking upon it in hindsight, most Delaware motorists would agree that they made a mistake by getting behind the wheel of a car after drinking. However, one episode of poor judgment does not always have to lead to another. Case in point is a March 19, 2021 article published by Delaware Online, which… Read More »
How A Delaware Protective Order Can Affect Your Rights In Other Cases
It is always a crime to assault or physically attack someone, but Delaware’s statutes on domestic violence have a very specific application when the abuse occurs between individuals having a personal relationship. If the violence involves current or ex-spouses, parent and child, dating partners, certain relatives, and other persons designated by law, it is… Read More »
Analysis Of How Hearsay Works In Delaware Criminal Cases
From first year law students to well-seasoned attorneys, most would agree that the law of hearsay is one of the most complex legal concepts to understand and effectively apply in court. You might wonder how that could possibly be the case for a provision in the Delaware Rules of Evidence that encompasses just 13… Read More »
