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What To Expect After A Second DUI Arrest In Delaware

By Michael W. Modica |

When you have previously been through the criminal process for a violation of Delaware’s statute on drunk driving, you probably assume that you learned a lot the first time around and that your case will generally be the same. This notion is true to a certain extent, but the differences far outweigh the similarities… Read More »


How Delaware Weapons Charges Laws Are Organized

By Michael W. Modica |

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

By Michael W. Modica |

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?

By Michael W. Modica |

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

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 »


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 »


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 »


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 »


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 »


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 »

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