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Author Archives: Jay Butchko

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Defenses To Child Abuse Charges In Delaware

By Michael W. Modica |

Child abuse charges are among the most serious criminal allegations a person can face, and it may seem like the deck is stacked against you if you were arrested. The Delaware Criminal Code includes multiple sections on child abuse and crimes against children, and the penalties for a conviction are extremely severe. At minimum,… Read More »

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Recent Updates To Post-Conviction Relief Options In Delaware

By Michael W. Modica |

Whenever a person is arrested for violating Delaware criminal laws, the encounter with police generates paperwork that remains on the defendant’s criminal record. For many, the implications can be extremely harsh. You could have problems with any aspect of your life that involves a background check, especially with employment, finances, and licenses. Under Delaware’s… Read More »

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What Assault Crimes Are Charged As Misdemeanors In Delaware?

By Michael W. Modica |

When you think of assault as a violent physical attack on someone, you might be surprised to learn that not all crimes in this category are classified as felonies. The issue comes down to definitions under the Delaware Criminal Code section on offenses against the person. There are numerous crimes that range in terms… 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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Consequences Of Violating Probation In Delaware

By Michael W. Modica |

In many Delaware criminal cases, especially those involving first-time offenders, a court will order probation as the sentence for a conviction. Under the system of classifying punishment, probation falls at Level I, II, or III based upon how involved you need to be with a probation officer. Still, the requirements of probation are preferred… Read More »

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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 »

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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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How Delaware Officials Investigate Computer Crimes

By Michael W. Modica |

There was a time when law enforcement lacked the knowledge, tools, and experience to effectively pursue computer crimes, but the resources available to investigators are now quite robust. Despite the efforts and innovations used by hackers, police are making more arrests than ever for violations of Delaware statutes on Computer-Related Offenses. Officers are developing… Read More »

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What Is “Occupational” Fraud Under Delaware Criminal Laws?

By Michael W. Modica |

Fraud is an umbrella term that covers many different types of schemes in which a perpetrator misappropriated the property of another through use of false statements or deception. One specific type that is on the rise in the US is occupational fraud, which the Association of Certified Fraud (ACFE) defines as knowing misrepresentation of… Read More »

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