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Category Archives: Criminal Defense

LadyJustice2

Delaware Driving Offenses You Did Not Know Were Crimes

By Michael W. Modica |

For the most part, a violation of Delaware’s traffic laws will lead to a ticket, fines, and points added to your driving record. A citation is not a crime, but rather a civil offense in most cases. Of course, most motorists are aware of one critical exception for driving under the influence of alcohol… Read More »

DefenseLaw

Analysis Of How Hearsay Works In Delaware Criminal Cases

By Michael W. Modica |

From first year law students to well-seasoned attorneys, most would agree that the law of hearsay is one of the most complex legal concepts to understand and effectively apply in court. You might wonder how that could possibly be the case for a provision in the Delaware Rules of Evidence that encompasses just 13… 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 »

Jail3

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 »

Police1

Follow This Checklist During Encounters with Delaware Police

By Michael W. Modica |

Though the specifics will vary, there are generally three types of encounters in which you may need to interact with law enforcement:  Police approach you in a public place; Officers seek you out in your home, your place of employment, or your private business; or, They pull you over in your car while driving…. Read More »

CrimDef11

Why You Need a Delaware Criminal Defense Attorney at Every Stage of Your Case

By Michael W. Modica |

Police, prosecutors, and other members of the criminal justice community take their duties seriously, and statistics reveal the efforts of state officials in fighting crime. According to a report on Crime in Delaware published by the Delaware Criminal Justice Council, law enforcement officers make almost 27,000 arrests every year for various types of criminal… Read More »

Defense4

How Discovery Can Lead to a Dismissal in a Delaware Criminal Case

By Michael W. Modica |

Before proceeding to trial in a criminal case, the prosecution and defense may engage in an exchange of information known as discovery, which is governed by Rule 16 of the Delaware Rules of Criminal Procedure. The point is to assess the facts and evidence that may be introduced at trial, and to ensure fairness… Read More »

DUI12

Know Your Rights at a Delaware DUI Checkpoint

By Michael W. Modica |

When you are driving and spot a blocked roadway with flashing lights ahead, you will probably soon realize that you have encountered a sobriety checkpoint. According to the US Centers for Disease Control and Prevention (CDC), these stops occur somewhat frequently at about 1-2 every month. Even though DUI checks may seem unfair or… Read More »

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