Author Archives: Jay Butchko
What Is A Sentence Modification In A Delaware Criminal Case?
When you are convicted of a crime in Delaware, you will either be sentenced during the same proceeding or at a sentencing hearing to be conducted some time after the verdict. With both scenarios, it is usually the presiding judge that will issue penalties. In some cases, the judge may not be entirely fair… Read More »
Tests To Decline When Pulled Over For DWI In Delaware
While most motorists are well-aware of the harsh penalties of a drunk driving conviction, it is always helpful to review the basics. Under the Delaware statute on Driving While Intoxicated (DWI), you face up to 12 months in jail and fine ranging from $500 to $1,500 for a first-time offense. The severity of charges… Read More »
Penalties For A Delaware Computer Crimes Conviction
Computers, laptops, tablets, and other electronics are powerful tools that we use for a wide range of tasks, and they can also be applied to criminal activities. As such, Delaware lawmakers have enacted a statute on Computer Related Crimes that targets use of these devices in connection with a crime. The laws mainly cover… Read More »
Driving On A Suspended License After A Delaware DUI
There are many reasons officials will suspend someone’s driver’s license, but one of the most common grounds is an arrest and conviction for drunk driving. Even after a first offense, the Delaware Division of Motor Vehicles (DMV) issues a suspension, making it illegal to operate a vehicle. Driving while your license is suspended is… Read More »
Weapons Possession During A Felony In Delaware: Prosecution’s Burden
Weapons laws in the US and Delaware are generally based upon three factors: Who you are, what type of weapon, and how you were using it. For example, the “who” focuses on those individuals that are prohibited from having a gun, and there are detailed definitions on the “what” with respect to dangerous weapons… Read More »
How Do I Remove Habitual Offender Status In Delaware?
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 »
What Are Pretrial Defenses In Delaware Felony Drug Crimes Cases?
Delaware uses the familiar system of classifying crimes into felonies and misdemeanors, and most people are aware that the former category is more serious than the latter. A felony is generally any offense that could lead to jail time of 1 year or more, and Delaware sentencing for felonies is quite harsh for drug… Read More »
What Is Delaware’s School Offense Diversion Program?
Delaware juvenile justice laws are different from the adult criminal process in many ways, and one in particular involves how a minor may enter the system. If a young person is arrested by police for breaking the law, he or she will be diverted into the juvenile system unless the offense requires a direct… Read More »
Common Student Crimes Charged On College Campuses In Delaware
College students are heading back to class for the Fall Semester 2022, and many of them will be leaving home and out from under their parents’ supervision for the first time. Many are inspired by this coming of age experience, but students at University of Delaware, Wilmington University, and other secondary schools can get… Read More »
Statistics On Theft Arrests In Delaware
The basic definition of theft is taking something that does not belong to you or otherwise misappropriating property, and it is one of the most common offenses across the US. In fact, according to the State of Delaware Crime Publications, law enforcement arrests almost 17,500 people every year for various theft crimes. Offenses range… Read More »
