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Category Archives: Criminal Defense

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 »

CrimLawyer3

Tips for Your Initial Appearance Before You Hire a Delaware Criminal Defense Attorney

By Michael W. Modica |

Once you have been arrested and detained by police, you will be taken before the court for an initial appearance as governed by Delaware’s Rules of Criminal Procedure. This hearing is an important one, since the judge will read the official charges in court and set bail so that you can be released pending… Read More »

Gun

Overview of Delaware’s Red Flag Gun Laws

By Michael W. Modica |

Red flag laws have made news headlines frequently in recent years because they are highly controversial in the context of Second Amendment rights. Several US states, including Delaware, have enacted these statutes to combat mass shootings and similar tragedies. Though the details vary, these statutes generally authorize a judge to enter an order requiring… Read More »

CrimLaw11

Rules on Digital Evidence in Delaware Criminal Cases

By Michael W. Modica |

Advances in technology over the last few decades have provided police, prosecutors, and other members of the Delaware criminal justice community with a wealth of resources to fight crime. Officials can now access a wide range of credible, reliable digital evidence that can be used against you in court. However, your basic civil rights… Read More »

CrimLegal

R. Kelly Arrested on Federal Charges: FAQs About Indictments

By Michael W. Modica |

Though his case may not be getting the same attention as Jeffrey Epstein, singer R. Kelly is facing serious sex crimes charges of his own. According to a July 12, 2019 article published by Wilmington’s WDEL News Radio, the five-count federal indictment described various charges involving sex trafficking of minors and young women. The… Read More »

CrimDef6

How to Get Evidence Suppressed in a Delaware Criminal Case

By Michael W. Modica |

If you were charged with a crime and the evidence against you seems overwhelming, it is always important to remember that you still have rights. A violation of your civil liberties under the US Bill of Rights and parallel provisions of the Delaware Constitution could lead the information to be inadmissible in court. However,… Read More »

ArrestWord

Wilmington, DE Woman Faces Charges for Resisting Arrest After Beach Fight

By Michael W. Modica |

A 21-year-old Wilmington, DE woman is facing multiple charges after she attacked police officers who were attempting to break up a fight outside a beachfront bar. A May 20, 2019 article in Delaware Online reported that police who were called to the scene observed the woman fighting upon their arrival. As one officer was… Read More »

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Biggest Mistakes When Arrested on Delaware Criminal Charges

By Michael W. Modica |

Even people who think they know their rights under the Delaware Constitution make mistakes when under arrest. The heat of the moment, frustration, anger, and confusion take over, clouding your judgment about what to do – and not do. While the biggest error you can make is not hiring a Delaware criminal defense attorney… Read More »

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