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Category Archives: Criminal Defense


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 »


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 »


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 »


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 »


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 »


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 »


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 »


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 »


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 »

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