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DUI18

Timeline Of A Delaware DUI Case

By Michael W. Modica |

If you were arrested for violating Delaware’s law on driving under the influence of alcohol (DUI), one of the first things on your mind will be the punishment you face if convicted. For a first-time offense, you could be looking at a fine ranging from $500 to $1,500, along with 12 months’ incarceration. The… Read More »

CrimLaw14

Probable Cause 101: Your Rights In A Delaware Criminal Case

By Michael W. Modica |

When you hear the term “probable cause” used in conjunction with a Delaware criminal case, you may have a basic understanding about what it means and its impact on your civil rights. The basis for the concept comes from the Fourth Amendment to the US Constitution and Section 6 of the Delaware Bill of… Read More »

CrimLawyer2

5 Things To Bring To Your First Meeting With A Delaware Criminal Defense Attorney

By Michael W. Modica |

You probably think the worst if you are arrested on criminal charges in Delaware, knowing that you face jail time, fines, probation, and other sanctions. What you may not realize is that being charged does not equal a conviction, and figures from the US Bureau of Justice Statistics (BJS) demonstrate that your situation is… Read More »

FedCrime3

Your Guide to the Legal Process in a Federal Drug Crimes Case

By Michael W. Modica |

Possession, trafficking, manufacturing, and other drug-related activities are illegal under both US and Delaware law, but there are distinct implications under the two separate criminal justice systems. The stakes are higher in federal drug crimes cases, which are usually charged as felonies and carry severe penalties. These cases comprise a sizable proportion of all… Read More »

DUI13

Collateral Consequences of a Delaware DUI

By Michael W. Modica |

Even if you have never been arrested for driving under the influence of alcohol in Delaware, you are probably aware of the potential penalties. The Delaware Division of Motor Vehicles describes a few of the criminal punishments for a conviction, including possible jail time and fines ranging from $500 to $1,5000. Plus, there are… Read More »

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A Little White Lie Can Lead to Serious Fraud Charges in Delaware

By Michael W. Modica |

For many people, the concept of Delaware fraud crimes generates thoughts of complex, comprehensive schemes to scam the government, investors, or general public for financial gain. You might be surprised to learn that even a seemingly innocent misstatement can lead to an arrest on fraud charges. The US Sentencing Commission reports that there were… Read More »

CrimRecord

Who Can Access My Criminal Records After Expungement in Delaware?

By Michael W. Modica |

For those who wish they could erase all traces of a mistake or lapse in judgment that led to criminal charges, there is an option that comes close: Under Delaware’s statute on disclosure of expunged records, you may qualify to have your records sealed under certain circumstances. Though you cannot delete the entire matter,… Read More »

DrunkDriv

4 Delaware DUI Laws Motorists Need to Know

By Michael W. Modica |

The basic components of Delaware’s DUI statute are well-known to motorists: If convicted for a first-time offense, you face a fine ranging from $500-$1,000, incarceration for up to 12 months, and a one year driver’s license suspension. However, there are many subtle details within the state drunk driving laws of which many drivers are… Read More »

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Your Guide to Presumptive Sentencing in Delaware

By Michael W. Modica |

After you are found or plead guilty in a Delaware criminal case, your matter moves to the sentencing phase where a judge will determine your punishment. Contrary to popular assumption, judges do not make decisions on sentencing arbitrarily. Instead, they refer to the Sentac Delaware Sentencing Benchbook, especially the provisions regarding presumptive sentencing. The… Read More »

Vaping

Delaware Drug Charges for Vape Pens

By Michael W. Modica |

For multiple reasons, vaping has become a popular way of consuming marijuana by eligible medical patients and users in states where recreational pot is legal. It is convenient to take anywhere, there is less strong aroma, and the equipment is both reasonably priced and readily available. However, regardless of the benefits, cannabis in any… Read More »

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