Author Archives: Jay Butchko
Tips for Your Initial Appearance Before You Hire a Delaware Criminal Defense Attorney
Once you have been arrested and detained by police, you will be taken before the court for an initial appearance as governed by Delaware’s Rules of Criminal Procedure. This hearing is an important one, since the judge will read the official charges in court and set bail so that you can be released pending… Read More »
Your Child Was Arrested on Delaware Drug Charges: A Guide for Parents
No parent wants to receive a phone call from a school official stating that their child was arrested for drug-related charges in Delaware. You are understandably angry and frustrated, wanting to punish your son or daughter for exercising such poor judgment. However, you should also realize that your guidance and wisdom as a parent… Read More »
Overview of Delaware’s Red Flag Gun Laws
Red flag laws have made news headlines frequently in recent years because they are highly controversial in the context of Second Amendment rights. Several US states, including Delaware, have enacted these statutes to combat mass shootings and similar tragedies. Though the details vary, these statutes generally authorize a judge to enter an order requiring… Read More »
Questions About Ignition Interlock Systems in Delaware
Most motorists are well-aware that a conviction for drunk driving charges can lead to extremely harsh penalties. You face a fine up to $1,500 and imprisonment for 12 months; plus, subsequent convictions and higher blood alcohol concentration (BAC) levels involve even tougher punishments. What you may not know is the application of Delaware’s law… Read More »
Rules on Digital Evidence in Delaware Criminal Cases
Advances in technology over the last few decades have provided police, prosecutors, and other members of the Delaware criminal justice community with a wealth of resources to fight crime. Officials can now access a wide range of credible, reliable digital evidence that can be used against you in court. However, your basic civil rights… Read More »
Can University Campus Police Make Arrests in Delaware?
If you are a student at the University of Delaware, Delaware State University, or any other college institution in the state, you are probably used to seeing campus police and their vehicles on the grounds. You probably do not think much about their authority to make arrests, unless and until you are facing charges… Read More »
Top 3 Reasons Delaware DUI Charges Get Dismissed
The ideal outcome for a defendant in a drunk driving case is to get the charges tossed out of court early on in the process, which is possible under the Delaware Rules of Criminal Procedure. This rule provides multiple grounds for filing a motion to dismiss during pre-trial proceedings – well before your case… Read More »
Debunking Myths About White Collar Crimes in Delaware
Though you know the term, you may not fully understand the wide range of legal concepts that fall under the umbrella of “white collar crime.” Most of them are included in the Delaware Criminal Code section on Offenses Involving Property, as they often involve elements of theft, fraud, and other prohibited acts. The basic… Read More »
What to do if You’re Falsely Accused of Rape in Delaware
The US criminal justice system presumes every individual is innocent until proven guilty, but that does not necessarily stop someone from being falsely accused of a crime. When that crime involves Delaware’s rape statute, you know the stakes are high. You be convicted based upon another person’s dishonesty, but there are consequences for your… Read More »
Prototype for Pot Breathalyzer Revealed: Implications for Delaware Drug and DUI Laws
For decades, Delaware’s criminal justice community has relied up breathalyzer devices to chemically test the blood alcohol concentration of a person suspected of driving under the influence of alcohol. Soon, officials may have access to additional technology to assist with drugged driving. According to a September 5, 2019 published by NPR News affiliate Delaware… Read More »
