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Category Archives: Criminal Defense


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 »


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 »


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 »


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 »


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 »


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 »


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 »


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 »


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 »


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 »

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