Recent Blog Posts
What Happens After a DUI Arrest in Delaware: Understanding the Timeline
If you’ve been arrested for driving under the influence, then you likely know how overwhelming the process can be. The flashing lights, handcuffs, and a trip to the police station often leave folks wondering what comes next and how serious the consequences will be. Understanding the legal process and your rights after a DUI… Read More »
Understanding Juvenile Offenses in Delaware Courts
When a child is accused of breaking the law, the legal process looks very different than it does for adults. Delaware has a separate juvenile justice system designed with rehabilitation in mind, but that doesn’t mean the consequences are minor. Parents and young people facing charges need to understand how the juvenile courts work,… Read More »
Probation Violations: What Triggers Them, Possible Consequences, and How to Defend Yourself
Probation offers offenders a chance to serve their sentence in the community as opposed to behind bars. It does, however, come with strict conditions. In Delaware, a probation violation can easily lead to major consequences, including prison time. Understanding what counts as a violation, what happens next, and how to defend yourself can make… Read More »
What Constitutes Rape in the First Degree in Delaware?
Delaware has a broad array of sex crimes and treats each one harshly. Among the most severe is Rape in the First Degree. In Delaware, Rape in the First Degree is defined as intentional and forcible sexual contact with an unwilling victim, plus specific circumstances outlined under Delaware Law (Delaware Code, Title 11, Section… Read More »
Understanding Weapons Offenses in Delaware (Part 2 of 2)
This article is a continuation of the previous article, Understanding Weapons Offenses in Delaware. Possession of a Firearm During the Commission of a Felony Any individual who possesses a firearm during the commission of a felony is guilty of a class B felony on top of the charges for whatever felony they committed. This… Read More »
Understanding Weapons Offenses in Delaware (Part 1 of 2)
The State of Delaware has strict laws when it comes to the illegal possession of weapons. Individuals with weapons must have proper licenses to carry those weapons. If you’re found in possession of a weapon and you don’t have a license, you will face serious prison time. In this article, the Wilmington, Delaware, criminal… Read More »
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 »
