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Category Archives: Criminal Defense

CrimDef10

What Happens At A Delaware Sentencing Hearing?

By Michael W. Modica |

Whenever someone is convicted of a crime in Delaware, the next phase of the criminal case is sentencing by the judge in accordance with legal guidelines. The Delaware Department of Justice describes the sentencing process. With some cases, especially misdemeanors, the court will issue penalties immediately after the verdict is read and during the… Read More »

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Driver’s License Suspension V. Revocation In Delaware

By Michael W. Modica |

It is true that the two terms are used interchangeably, but a driver’s license suspension and revocation are very different concepts under Delaware law. Essentially, your driving privileges are temporarily removed when officials suspend your license; with a revocation, your privilege to drive is canceled entirely. However, the statute on driving without a license… Read More »

CrimDefense

What Are Index Crimes In Delaware?

By Michael W. Modica |

In addition to investigating crime, the FBI is also charged with tracking criminal activity for purposes of predicting trends and assessing the effectiveness of crime fighting efforts. The agency created the Uniform Crime Reporting (UCR) Program to assist with these efforts, and the regulations create a classification system for Part I and Part II… Read More »

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What Are The Main Categories Of Criminal Defenses In Delaware?

By Michael W. Modica |

There are literally thousands of pages of laws covering the hundreds of crimes defined in Delaware criminal laws. This revelation can be quite daunting when you realize the vast range of misconduct that could lead to an arrest. However, an arrest is not the equivalent of a conviction, so some other information might be… Read More »

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Parties And Roles In A Delaware Criminal Case

By Michael W. Modica |

In its most basic sense, a Delaware criminal case pits the government seeking to enforce its laws against the individual accused of breaking them. The government will take the position of the plaintiff, which has the burden of proof beyond a reasonable doubt with respect to every element of the offense. The person charged… Read More »

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Key Rights You Lose When Convicted Of A Crime In Delaware

By Michael W. Modica |

Certain municipalities in Delaware are well-known as being high crime areas, and statistics on criminal activity reveal that police are doing their part to change this reputation. According to a publication on Crime in Delaware that compiles data from multiple law enforcement agencies, there has been a gradual decline in crime in New Castle… Read More »

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6 Mistakes That Could Make A Delaware Criminal Case Worse

By Michael W. Modica |

When you are placed under arrest in a Delaware criminal case, your brain will probably be focused on two critical points: How you can help your situation and how to NOT make things worse. You may not realize the significant impact your actions before, during, and after the encounter may have on your case,… Read More »

Witness

How To Get Witnesses To Testify In A Delaware Criminal Case

By Michael W. Modica |

There are generally two kinds of evidence that you will want to bring into court with you when you were arrested on criminal charges in Delaware: Exhibits and testifying witnesses. Exhibits are the documents, tangible objects, pictures, video, and related items that both sides will introduce to support their version of the facts. The… Read More »

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Know Your Rights Under Delaware’s Two-Hour Detention Law

By Michael W. Modica |

You might think that there are no gray areas when it comes to being arrested for a crime, so it might come as a surprise to learn that the lines are quite blurry. This is especially true under Delaware’s statute on detentions, which is rather unique compared to similar laws in other US states…. Read More »

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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 »

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