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Author Archives: Jay Butchko

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What is the Difference Between Assault and Battery in Delaware?

By Michael W. Modica |

For many Americans, knowledge of the legal system comes from watching some of the amazingly realistic crime dramas on TV and in film. Therefore, when you hear the term “assault,” you might expect it to be followed by “battery.” In many US states, assault and battery are either separate crimes or combined offenses. However,… Read More »

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Degrees of Child Abuse Offenses in Delaware

By Michael W. Modica |

Child abuse is intolerable, which is why the federal government and US states have enacted tough laws to punish those who cause harm to vulnerable children. Delaware’s child abuse statute is no exception. If convicted, a person faces jail time and fines, and there may be requirements to register with the state child abuse… Read More »

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Weapons Charges in Connection with Felonies Under Delaware Law

By Michael W. Modica |

Many of Delaware’s laws on dangerous weapons make it unlawful to possess certain types of items or carry them designated places, even if you never do anything with them. However, the stakes are higher when you do employ certain items while engaged in criminal activity. Delaware has two statutory provisions that bar possession of… Read More »

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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 »

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What To Do If You Were Arrested on Campus in Delaware

By Michael W. Modica |

Going away to college is one of the first opportunities for many young people to gain independence, so it is common for students to make mistakes or exercise poor judgment. Statistics on crime on college campuses in the US reveals that there are around 28,400 crimes reported every year against students, staff, and property…. Read More »

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Understanding Delaware’s Statutory Rape Laws

By Michael W. Modica |

Statutory rape laws in the US can be tricky because they attempt to strike a balance between the protection of vulnerable children and the realization that young adults are sexually active. Delaware statutory rape laws follow the approach of other jurisdictions, where age of the victim and the offender are both critical details. In… Read More »

Marijuana

Recreational Marijuana Now Legal in Delaware

By Michael W. Modica |

Possession of small amounts of marijuana for recreational use is now legal in the State of Delaware, after several attempts at legalization in recent years failed to gain traction. According to an April 24, 2023 report published by CBS News, the measure passed the legislature and became law because the governor chose to not… Read More »

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Do I Have to Testify When I Appeal a Delaware Criminal Conviction?

By Michael W. Modica |

It is disappointing to learn that the judge or jury has found you guilty on criminal charges, especially when there were mistakes made by the court that affected the outcome of your case. The US criminal justice system does allow you to appeal the guilty verdict, a process by which appellate judges review the… Read More »

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Criminal Penalties For Domestic Violence In Delaware

By Michael W. Modica |

Every US state has domestic violence laws that provide protections for victims of abuse, enabling them to obtain a restraining order to prevent continued misconduct. Delaware defines domestic violence as committing acts of abuse against family, former spouses, a co-parent, former or current romantic partners, and other individuals who are protected. However, this definition… Read More »

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Do I Need A Delaware Defense Attorney For Theft Charges?

By Michael W. Modica |

If you have been arrested on any criminal charges in Delaware, you have an important decision to make as promptly as possible. You will need to determine whether you will retain legal counsel for your defense, or you want to take matters into your own hands to fight the charges. When it comes to… Read More »

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