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Driving On A Suspended License After A Delaware DUI

By Michael W. Modica |

There are many reasons officials will suspend someone’s driver’s license, but one of the most common grounds is an arrest and conviction for drunk driving. Even after a first offense, the Delaware Division of Motor Vehicles (DMV) issues a suspension, making it illegal to operate a vehicle. Driving while your license is suspended is… Read More »

GunHolster

Weapons Possession During A Felony In Delaware: Prosecution’s Burden

By Michael W. Modica |

Weapons laws in the US and Delaware are generally based upon three factors: Who you are, what type of weapon, and how you were using it. For example, the “who” focuses on those individuals that are prohibited from having a gun, and there are detailed definitions on the “what” with respect to dangerous weapons… Read More »

CrimDefLawyer

How Do I Remove Habitual Offender Status In Delaware?

By Michael W. Modica |

You expect that punishment for a criminal conviction will be harsher when you have a prior criminal history, and Delaware’s approach to those who repeat their crimes follows this assumption. Under the state’s habitual offender statute, punishment is dictated by the numbers of violent and nonviolent felony convictions in your past. For a third… Read More »

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What Are Pretrial Defenses In Delaware Felony Drug Crimes Cases?

By Michael W. Modica |

Delaware uses the familiar system of classifying crimes into felonies and misdemeanors, and most people are aware that the former category is more serious than the latter. A felony is generally any offense that could lead to jail time of 1 year or more, and Delaware sentencing for felonies is quite harsh for drug… Read More »

Question

What Is Delaware’s School Offense Diversion Program?

By Michael W. Modica |

Delaware juvenile justice laws are different from the adult criminal process in many ways, and one in particular involves how a minor may enter the system. If a young person is arrested by police for breaking the law, he or she will be diverted into the juvenile system unless the offense requires a direct… Read More »

BooksGavel

Common Student Crimes Charged On College Campuses In Delaware

By Michael W. Modica |

College students are heading back to class for the Fall Semester 2022, and many of them will be leaving home and out from under their parents’ supervision for the first time. Many are inspired by this coming of age experience, but students at University of Delaware, Wilmington University, and other secondary schools can get… Read More »

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Statistics On Theft Arrests In Delaware

By Michael W. Modica |

The basic definition of theft is taking something that does not belong to you or otherwise misappropriating property, and it is one of the most common offenses across the US. In fact, according to the State of Delaware Crime Publications, law enforcement arrests almost 17,500 people every year for various theft crimes. Offenses range… Read More »

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Defenses To Child Abuse Charges In Delaware

By Michael W. Modica |

Child abuse charges are among the most serious criminal allegations a person can face, and it may seem like the deck is stacked against you if you were arrested. The Delaware Criminal Code includes multiple sections on child abuse and crimes against children, and the penalties for a conviction are extremely severe. At minimum,… Read More »

CrimRecord2

Recent Updates To Post-Conviction Relief Options In Delaware

By Michael W. Modica |

Whenever a person is arrested for violating Delaware criminal laws, the encounter with police generates paperwork that remains on the defendant’s criminal record. For many, the implications can be extremely harsh. You could have problems with any aspect of your life that involves a background check, especially with employment, finances, and licenses. Under Delaware’s… Read More »

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What Assault Crimes Are Charged As Misdemeanors In Delaware?

By Michael W. Modica |

When you think of assault as a violent physical attack on someone, you might be surprised to learn that not all crimes in this category are classified as felonies. The issue comes down to definitions under the Delaware Criminal Code section on offenses against the person. There are numerous crimes that range in terms… Read More »

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