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Category Archives: Habitual Offender Status


Questions for Your Delaware Criminal Attorney About Habitual Offender Charges

By Michael W. Modica |

All crimes in Delaware are more serious when the offender has a history of criminal convictions, whether the charges become more severe or the punishment is enhanced. However, with some cases, primarily those involving drug crimes and violent offenses, the stakes are much higher for the defendant. You could be labeled as a habitual… Read More »


What to Expect with a Delaware Case as a Habitual Offender

By Michael W. Modica |

From the terminology alone, you can guess that a habitual offender is someone who has been arrested and convicted on multiple criminal charges. The specific definition under Delaware’s statute on habitual criminals varies based upon the number of prior convictions and type of crime, with the focus being on violent felonies and certain drug… Read More »


How Do I Remove Habitual Offender Status In Delaware?

By Michael W. Modica |

You expect that punishment for a criminal conviction will be harsher when you have a prior criminal history, and Delaware’s approach to those who repeat their crimes follows this assumption. Under the state’s habitual offender statute, punishment is dictated by the numbers of violent and nonviolent felony convictions in your past. For a third… Read More »


How Delaware Habitual Offender Cases Are Different From Other Criminal Cases

By Michael W. Modica |

Like other US states and the federal government, Delaware treats criminal cases very harshly when the accused has a history of arrests, convictions, or both. In short, the statute on habitual offender status provides that individuals convicted of certain offenses will receive longer periods of incarceration when they have a prior criminal history. The… Read More »


How Delaware Habitual Offender Status Applies To Drug Crimes

By Michael W. Modica |

Even though a few years have passed since Delaware made significant changes to its habitual offender laws in 2016, there is still considerable confusion about how the statutes apply to drug crimes. The good news is that the current version of the statute eliminates the mandatory life sentences for certain drug offenses; the downside… Read More »


Legal Representation Is Critical When Fighting Delaware Habitual Offender Status

By Michael W. Modica |

Major reforms to Delaware’s habitual offender laws eased the implications for those charged with certain felonies a few years back. In 2016, the governor signed legislation that eliminated the mandatory minimums for some offenses and mandatory life sentences for individuals convicted of drug crimes. However, many people with multiple convictions in their past will… Read More »


What Does It Mean To Be A Habitual Offender Under Delaware Criminal Law?

By Michael W. Modica |

There was a time in Delaware when judges had no discretion when establishing penalties for someone convicted multiple times for designated crimes, meaning the judge was not allowed to consider any factors or deviate from the sentencing guidelines. Much of this harsh, draconian approach to criminal offenses changed when lawmakers enacted significant reforms to… Read More »

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