Author Archives: Jay Butchko
Defending Delaware DUI Charges Based Upon Impairment
Many motorists focus on how their blood alcohol concentration (BAC) could be used against them in a Delaware drunk driving case, knowing the legal limit is .08 percent. This point is what leads some drivers to refuse to blow or submit to another chemical test, due to the misconception that BAC is the only… Read More »
Comparing Indictment V. Arrest In Delaware Computer Crimes
Computer crimes like identity theft, phishing, and internet fraud were a serious problem throughout the US before the pandemic, and the statistics show that these offenses have spiked over the last 24 months. According to the Insurance Information Institute (III), there were 4.8 million computer-related crimes reported to federal, state and local officials –… Read More »
4 Facts About Driving With A Suspended License In Delaware
Getting a driver’s license is a right of passage for many American teens, but it is most certainly not a right in the sense that many people expect. The Delaware Code includes numerous provisions on driver’s licenses, all of which focus on a key point: Driving is a privilege granted to motorists. You earn… Read More »
Extreme Range Of Penalties For Drug Possession In Delaware
Drug possession is often viewed as the least serious of all drug crimes in Delaware, and it is true that personal use amounts of certain substances may not even lead to jail time. However, the penalties for a conviction can also be much more severe based upon how the Uniform Controlled Substances Act, organizes… Read More »
Jury Trials In Delaware DUI Cases: Things To Know
One of the most fundamental concepts of US constitutional law is that someone arrested for a crime has a right to a jury trial, and it was incorporated into the Delaware Constitution when signed in December 1787. However, there can be some confusion over whether this right carries over to DUI cases because many… Read More »
Parties And Roles In A Delaware Criminal Case
In its most basic sense, a Delaware criminal case pits the government seeking to enforce its laws against the individual accused of breaking them. The government will take the position of the plaintiff, which has the burden of proof beyond a reasonable doubt with respect to every element of the offense. The person charged… Read More »
What To Do If You Are Accused Of Child Abuse In Delaware
Whether child abuse charges stem from false allegations or a momentary lapse in judgment, your actions after being arrested are critical to how your case unfolds in court. Under the Delaware criminal code on offenses against children, even lesser charges are treated as a Class A Misdemeanor punishable by a year in jail. However,… Read More »
Tips If You Were Arrested For Theft In Delaware
Being arrested for theft can be overwhelming and confusing, and you are probably aware that you are facing serious criminal charges. The Delaware criminal code defines theft as taking, exercising control over, or otherwise misappropriating property with the intent to permanently deprive its rightful owner of use. At the low end, theft is a… Read More »
3 Weapons Charges That Are Felonies Under Delaware Law
Though you may not know the specifics about Delaware weapons charges, you are probably aware that crimes are generally classified as a felony or misdemeanor. The latter offense is less serious, and each of the three classes in this category are punishable by less than a year incarceration if convicted. A judge could also… Read More »
Can I Be Convicted Of Assault Without A Victim In Delaware?
The short answer may not be welcome news but, yes, you can be found guilty of an assault crime even when there is no witness to testify in court. Though the details vary according to the specific type of assault under Delaware law, the prosecutor has to prove that you intentionally injured someone or… Read More »
