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How Commutations Work In Delaware Criminal Cases

By Michael W. Modica |

There are different forms of post-conviction relief in Delaware that can dampen the harsh effects of a criminal conviction, and a commutation is one that may be available in some cases. This option is part of the governor’s powers as designated by the Delaware Constitution, which also includes pardons and reprieves. If you have… Read More »

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What Separates Assault And Aggravated Assault In Delaware?

By Michael W. Modica |

There are multiple degrees of assault in Delaware, but the basic definition is intentionally causing physical injury to another person. Under certain circumstances, the crime is elevated to the much more serious charge of aggravated assault. Based upon statistics reported in the Crime in Delaware Quick Facts, it is clear that police and prosecutors… Read More »

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How Serious Are Delaware Identity Theft Charges?

By Michael W. Modica |

For those who do not value their freedoms, wallet, and future, identity theft might not seem like a serious crime in Delaware. It is a nonviolent offense that you might associate with shoplifting or other forms of theft. However, if you do consider your rights to be important, being charged with identity theft is… Read More »

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Current State Of Marijuana Laws In Delaware

By Michael W. Modica |

States across the US are decriminalizing marijuana, expanding medical marijuana programs, and legalizing pot for recreational use, but certain activities with respect to cannabis are still illegal in Delaware. It is definitely clear from the statistics that police continue to vigorously pursue suspects. According to Crime in Delaware Quick Facts, there are 11,450 offenses… Read More »

FAQs

Answers To FAQs About Hardship Licenses In Delaware

By Michael W. Modica |

Driving is a privilege in Delaware, just like other US states. The same officials who grant you a license can take it away for misconduct, such as getting too many speeding tickets or moving violations. Plus, there are some traffic-related matters in which just one unlawful act can lead authorities to take away your… Read More »

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Factors For Taking A Delaware Juvenile Case To Adult Criminal Court

By Michael W. Modica |

The focus of the juvenile justice system in Delaware is to rehabilitate and treat young offenders rather than adjudicate guilt, taking the view that youth are amenable to change. At the same time, the laws have always found exceptions. The interests of punishment and public safety are also important, which may make it appropriate… Read More »

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Unlawful Sexual Contact In Delaware

By Michael W. Modica |

You are probably aware that molestation is a serious criminal offense in all US states, but the terminology can vary considerably. The Delaware criminal code uses the term Unlawful Sexual Contact to describe what is familiarly known as molestation, and there are three separate, distinct offenses prohibited by the statute. Though this sex crime… Read More »

Courtroom

What Is Venue In A Delaware Criminal Case?

By Michael W. Modica |

Venue is often associated with wedding and party planning as being the site where the primary events will take place, and the term has a similar meaning in criminal law. Venue is the court and location where the case will proceed. The concepts are rooted in US constitutional law, which should convey how important… Read More »

CollegeDorm

Can Delaware Police Search My College Dorm Room?

By Michael W. Modica |

Leaving home for college is the first time many students will be living on their own, and a good percentage of them will live in dorms or other on-campus housing. In fact, some institutions – including the University of Delaware and Delaware State University – require first-year students to reside in dormitories. The college… Read More »

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Why Most Delaware White Collar Crimes Proceed In Federal Court

By Michael W. Modica |

White collar crime is a term that is used to refer to a category rather than a single offense, so there is no definition established by US or Delaware statute. However, the Federal Bureau of Investigation (FBI) has developed a working definition to assist law enforcement with apprehending offenders. This classification covers crimes that… Read More »

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