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Category Archives: Criminal Appeals

Appeal

What Results Can Be Appealed in a Delaware Criminal Case?

By Michael W. Modica |

A Delaware criminal case is decided by an entity termed the finder of fact, which simply means that the verdict will be either rendered by the judge or a jury. When a judge decides guilt in a bench trial, that person acts as both the finder of fact and the traditional judicial role. There… Read More »

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Do I Have to Testify When I Appeal a Delaware Criminal Conviction?

By Michael W. Modica |

It is disappointing to learn that the judge or jury has found you guilty on criminal charges, especially when there were mistakes made by the court that affected the outcome of your case. The US criminal justice system does allow you to appeal the guilty verdict, a process by which appellate judges review the… Read More »

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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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Types Of Orders That Can Be Appealed In A Delaware Criminal Case

By Michael W. Modica |

While every case is different, a person convicted of a crime in Delaware will almost always have grounds to appeal various orders and decisions by the trial court. To get the appellate process moving, you must file the notice of appeal and comply with other requirements listed in Delaware criminal procedure rules. Keep in… Read More »

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Reasons To Appeal In A Delaware Criminal Case

By Michael W. Modica |

You might be able to overlook certain mistakes that affect your life, but you should not have to pay the price when legal errors affect the outcome in a Delaware criminal case. Judges are only human, which is why the laws allow a defendant to appeal certain findings. The appellate court serves as a… Read More »

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What Is Considered A “WIN” In A Delaware Criminal Appeal?

By Michael W. Modica |

A conviction in a Delaware criminal case may seem like it closes the door to your legal options, but you may still be able to appeal the decision of the trial court if there were errors behind the verdict. In fact, many individuals in your position do exactly that according to the US Bureau… Read More »

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What Issues Can I Appeal in a Delaware Criminal Case?

By Michael W. Modica |

A conviction and sentencing may seem to bring an end to your Delaware criminal case, but you have additional legal options by appealing one or more findings by the trial court. Many people in your position do request that an appellate court review legal errors that may have affected the outcome: The US Bureau… Read More »

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FAQs About the Federal First Step Act

By Michael W. Modica |

After years of debate and multiple variations on a bill for federal criminal justice reform, lawmakers passed a law entitled the “Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person.” Familiarly known as the FIRST STEP Act, the measure offers legal relief for certain inmates who are currently serving time for violations of federal… Read More »

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