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What Decisions are Up to Me in a Delaware Criminal Case?


When you know that you could face jail time, fines, and harsh collateral consequences if convicted of a crime in Delaware, you realize that it is critical to retain legal counsel to assist with your case. A criminal defense attorney will have the years of education, training, and experience that you lack. Plus, to be in good standing with the Delaware State Bar Association, lawyers must also meet certain requirements. Considering this extensive background in the practice of law, you can rely on your attorney to manage strategy and handle essential legal tasks.

However, despite these diligent efforts, there are certain decisions that you must make about your rights and future. Only you are in the unique position to determine how to proceed in the case, though you will have plenty of advice, counsel, and support from your Wilmington criminal defense lawyer. As you consider your goals and opportunities with a Delaware criminal case, you should be aware of decisions where the ball is in your court.

Important Decisions You Must Make in a Criminal Case: When considering the decisions that you will make about your case, keep in mind that you will not be alone in doing so. Your lawyer will be at your side, while you will be determining the overall approach to the case and how it aligns with your objectives. Depending on the nature of the charges, some of the important decisions you may need to assess include:

  • Plea Bargains: You may have the opportunity to resolve criminal charges by agreement, which involves pleading guilty in exchange for lenient treatment. If you are adamant about innocence, you might not opt for a plea bargain.
  • Finder of Fact: You can decide whether you would like your case to be adjudicated by a judge in a bench trial, as opposed to a jury made up of your peers.
  • Testifying: Though many lawyers would recommend against it, you can determine for yourself whether you would like to take the stand in your defense.
  • Deciding Appeals: If you are dissatisfied with the outcome at trial, you may be able to appeal the verdict. The decision is yours on whether to proceed or accept the finding.

 Guidance from Your Criminal Defense Attorney: As you evaluate the decisions that you must make in a criminal case, you will have support from your lawyer in terms of explaining pros and cons. You will have details and personalized explanations about:

  • Any weaknesses in the government’s case that work in your favor;
  • All defenses that you could raise to contest the prosecutor’s allegations;
  • What treatment you might receive from plea bargaining; and,
  • The full extent of the penalties if you are convicted at trial.

Trust a Delaware Criminal Defense Attorney for Advice

While there are some decisions you will need to make during the process, you will have plenty of support from your lawyer in defending criminal charges. For additional details about your rights, please contact Attorney Michael W. Modica in Wilmington, DE. You can set up a consultation by calling 302.600.1262 or visiting us online.

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