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Category Archives: Criminal Defense

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Understanding Habitual Offender Status in Delaware: What It Means and Why It Matters

By Michael W. Modica |

If you get charged with a crime in Delaware and have a criminal record, you can face enhanced penalties. Delaware has specific rules that allow the courts to impose enhanced sentences on those it deems habitual offenders. If you understand how this process works and how a skilled defense attorney can fight it, it… Read More »

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Expanding Beyond Expungement: Pardons and Commutations in Delaware Criminal Law

By Michael W. Modica |

When most folks think about clearing their criminal record, they focus entirely on expungement. In Delaware, however, there are other forms of post-conviction relief that aren’t expungement. This includes pardons and commutations. If you understand how these processes work, who is qualified, and what each process does, it can help you understand how our… Read More »

ToKnow

Defending Internet and Computer Crimes in Delaware: What You Need to Know

By Michael W. Modica |

More of our lives take place online. We use the internet to stay in touch with family and friends. However, that can be a major problem for anyone facing charges in Delaware. The prosecutor will definitely use online evidence against you if they can find it. In addition, there are specific crimes that apply… Read More »

TrafficStop

Your Rights During a Delaware Traffic Stop: What Police Must and Must Not Do

By Michael W. Modica |

A traffic stop can be an unsettling experience — flashing lights, a police officer approaching your car, questions, and uncertainty. If you’re driving in Delaware, it helps to know exactly what the law requires of both you and the officer. Understanding your rights can protect you in the moment and may preserve important legal… Read More »

Self_Defense

When Does Self-Defense Apply in Delaware? Understanding Use-of-Force Laws

By Michael W. Modica |

Self-defense laws exist for an important reason: no one should be forced to choose between personal safety and potential criminal prosecution. But the right to defend yourself is not unlimited, and misunderstanding where the legal boundaries lie can quickly turn a frightening situation into a criminal case. For Delaware residents, knowing when self-defense is… Read More »

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What to Know About Probation in Delaware: Conditions, Violations & Your Rights

By Michael W. Modica |

Probation is often viewed as a second chance. It’s an opportunity to remain in the community rather than face jail time. But while probation is far more lenient than incarceration, it also comes with structure, rules, and supervision. A single misstep can lead to new penalties, a violation hearing, or even imprisonment. If you… Read More »

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Technology in the Courtroom: Body Cameras, Dashcams, & Mobile Phone Evidence in Delaware Criminal Cases

By Michael W. Modica |

It’s becoming increasingly common to see video evidence in modern trials. Police will use body cameras and smartphone footage, which can be damaging to either side of the case. While these tools tend to bring transparency and accuracy to criminal proceedings, they can also raise complex legal questions concerning privacy, authenticity, and your constitutional… Read More »

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Understanding Bail, Pre-Trial Release & Conditions in Delaware Criminal Cases

By Michael W. Modica |

An arrest can turn your life upside down in minutes. One moment, you’re going about your day. The next — you’re facing criminal charges, sitting in a holding cell, and waiting to learn whether you’ll go home or stay behind bars until trial. For many people charged in Delaware, the first major step in… Read More »

CrimTrial

When to Pursue a Plea versus Going to Trial in Delaware

By Michael W. Modica |

One of the hardest decisions you’ll have to face is whether you should or should not accept a plea bargain or take your case to trial. Each choice carries substantial risks. In Delaware, the vast majority of criminal cases are decided by plea bargain. Understanding how these decisions are made can be the difference… Read More »

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What You Should Know about Your Social Media Posts During Your Criminal Trial

By Michael W. Modica |

In today’s world, nearly everyone is online and has a digital footprint. From Instagram stories to private Facebook messages, our interactions are increasingly public. In some cases, your posts can become powerful evidence if you’re facing criminal charges. Delaware prosecutors have increasingly relied on social media missteps to make their cases. For defendants, understanding… Read More »

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