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Author Archives: Jay Butchko

LadyJustice2

Delaware Driving Offenses You Did Not Know Were Crimes

By Michael W. Modica |

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 »

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Does Delaware Have A “Romeo & Juliet” Law?

By Michael W. Modica |

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 »

DUI14

CDL Holders Charged With DUI In Delaware: Consequences You May Not Expect

By Michael W. Modica |

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 »

DrugCrime3

What Drug Crimes Are Felonies In Delaware?

By Michael W. Modica |

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 »

DUIAccident

5 Ways To Make A Delaware Drunk Driving Case Worse

By Michael W. Modica |

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 »

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How A Delaware Protective Order Can Affect Your Rights In Other Cases

By Michael W. Modica |

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 »

DefenseLaw

Analysis Of How Hearsay Works In Delaware Criminal Cases

By Michael W. Modica |

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 »

DUI18

Timeline Of A Delaware DUI Case

By Michael W. Modica |

If you were arrested for violating Delaware’s law on driving under the influence of alcohol (DUI), one of the first things on your mind will be the punishment you face if convicted. For a first-time offense, you could be looking at a fine ranging from $500 to $1,500, along with 12 months’ incarceration. The… Read More »

CrimLaw14

Probable Cause 101: Your Rights In A Delaware Criminal Case

By Michael W. Modica |

When you hear the term “probable cause” used in conjunction with a Delaware criminal case, you may have a basic understanding about what it means and its impact on your civil rights. The basis for the concept comes from the Fourth Amendment to the US Constitution and Section 6 of the Delaware Bill of… Read More »

CrimLawyer2

5 Things To Bring To Your First Meeting With A Delaware Criminal Defense Attorney

By Michael W. Modica |

You probably think the worst if you are arrested on criminal charges in Delaware, knowing that you face jail time, fines, probation, and other sanctions. What you may not realize is that being charged does not equal a conviction, and figures from the US Bureau of Justice Statistics (BJS) demonstrate that your situation is… Read More »

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