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Category Archives: Criminal Defense

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4 Facts About Your Right to Remain Silent

By Michael W. Modica |

For most people, the very familiar phase is something you never want a Delaware law enforcement officer to say to you. “You have the right to remain silent. Anything you say can and will be held against you in a court of law.” This language means you are under arrest because police have probable… Read More »

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The Role Of Experts In Delaware Criminal Cases

By Michael W. Modica |

Witnesses are among the most important sources of evidence in a Delaware criminal case, but eyewitnesses who observed the incident are not the only individuals who might provide crucial information. Both the prosecution and defense lawyers often use experts to support their respective positions, so one might be involved in your case as well…. Read More »

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What Is Venue In A Delaware Criminal Case?

By Michael W. Modica |

Venue is often associated with wedding and party planning as being the site where the primary events will take place, and the term has a similar meaning in criminal law. Venue is the court and location where the case will proceed. The concepts are rooted in US constitutional law, which should convey how important… Read More »

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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 »

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