Recent Blog Posts
Understanding Mens Rea Under U.S. Criminal Law
Mens rea comes from the Latin meaning “guilty mind”. It is an element of some crimes, such as murder. In other words, prosecutors are required to prove that the defendant had a guilty mind during the commission of the crime. Homicide without mens rea is generally considered manslaughter and a lesser offense than murder…. Read More »
Delaware State Police Arrest Three Men for Weapons Charges
Delaware State Police recently arrested a 36-year-old man of Preston, Maryland, a 17-year-old man from Delmar, Maryland, and a 17-year-old man from Cambridge, Maryland on multiple felony gun charges following a police investigation. According to police, on April 9, 2025, at approximately 9:56 p.m., troopers responded to a call from the McDonald’s located at… Read More »
What Constitutes Entrapment in Delaware?
Entrapment is a legal concept that can be used as an affirmative defense. Entrapment, essentially, occurs when law enforcement or a state agent induces a citizen to commit a crime they were not predisposed to commit. A defendant can raise an entrapment defense when they were pressured or tricked into committing a crime by… Read More »
How Does the Administrative License Suspension Process Work in Delaware?
When a driver is suspected of DUI or refuses a chemical test under Delaware’s implied consent rule, the Division of Motor Vehicles (DMV) can initiate an administrative license suspension or revocation. The process is separate from your criminal proceedings. In this article, the Delaware DUI attorneys at the Law Office of Michael W. Modica… Read More »
What Are Your Legal Rights During a Delaware Traffic Stop?
Getting pulled over by the police is a frightening experience. But the Constitution assures that you have specific rights during a traffic stop that protects you from government overreach. It’s important that you know what these rights are and how to exercise them. In this article, the Wilmington, DE, criminal defense lawyers at the… Read More »
Priest and Teacher Arrested for Decades-Old Sexual Abuse of a Minor
Delaware law enforcement has charged two men, a retired priest, and an elementary school teacher with sex crimes related to the abuse of a minor from allegations that stem back to the nineties. According to law enforcement officials, the two men, aged 80 and 57, have been charged with the continuous sexual abuse of… Read More »
Another Suspect Arrested After Stealing Objects from Wilmington Cemetery
Delaware State Police recently arrested a 32-year-old suspect of Wilmington, Delaware for several thefts and other related charges following a series of thefts from All Saints Cemetery in Wilmington last year. According to police, between September 2024 and November 2024, troopers investigated multiple thefts of a similar nature from All Saints Cemetery which is… Read More »
Search Warrant Turns Up Evidence of Guns, Drugs
Delaware State Police have arrested a 45-year-old, a 19-year-old, and a 23-year-old for drug and gun-related charges following a search warrant executed at their residence in Millsboro recently. On March 28, 2025, members of the Sussex County Drug Unit, Sussex County Governor’s Task Force, and Troop 4 Property Crimes Unit executed a search warrant… Read More »
Police Find Gun on Man Detained During Traffic Stop
Delaware State Police arrested a 21-year-old man of Wilmington, Delaware, for felony gun charges following a traffic stop that occurred in New Castle recently. On January 28, 2025, at approximately 10:20 p.m., members of the New Castle County Governor’s Task Force were patrolling the area of New Castle Avenue when they saw a white… Read More »
What’s the Difference Between Homicide and Murder in Criminal Law?
While the terms homicide and murder are often used interchangeably colloquially, they represent two important and different concepts under criminal law. While both describe the killing of a person, only one (murder) is necessarily a crime. In this article, the Delaware criminal defense lawyers at Michael W. Modica, Attorney at Law, will discuss the… Read More »
