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Author Archives: Jay Butchko

Probation

Sentencing Levels And Probation In Delaware Criminal Cases

By Michael W. Modica |

The details will certainly vary based upon the case, but punishment options after being convicted of a crime generally boil down to fines, jail time, and probation. The Delaware criminal sentencing laws provide for the presumptive sentences, starting with a Class A Felony up to life imprisonment down to the Class B Misdemeanor which… Read More »

Juvenile

Unexpected Consequences Of Student Crimes In Delaware

By Michael W. Modica |

There are the implications you expect after being arrested for a crime, but you might be surprised about what happens when you are a student at a Delaware college or university. In addition to the state’s classification of offenses and designation of punishment for felonies and misdemeanors, the regulatory environment at a higher education… Read More »

DUI16

What Happens If I Refuse A DUI Breathalyzer Test In Delaware?

By Michael W. Modica |

Every US state has a statute on the books stating that a motorist agrees to be tested for the presence of alcohol if requested by police, an agreement which arises out of that person’s driving privileges. The specifics of Delaware’s implied consent statute provide that anyone driving on roads within the state is deemed… Read More »

PrescriptionDrug

4 Facts You Did NOT Know About Prescription Drug Charges In Delaware

By Michael W. Modica |

When you think about the most serious drug crimes in Delaware, your mind probably turns to unlawful activities involving marijuana, cocaine, heroin, meth, or other illegal drugs. It is easy to overlook prescription drug offenses because they are closely associated with a respected profession like health care. However, the Delaware Controlled Substances Act (CSA)… Read More »

CrimLaw13

Key Rights You Lose When Convicted Of A Crime In Delaware

By Michael W. Modica |

Certain municipalities in Delaware are well-known as being high crime areas, and statistics on criminal activity reveal that police are doing their part to change this reputation. According to a publication on Crime in Delaware that compiles data from multiple law enforcement agencies, there has been a gradual decline in crime in New Castle… Read More »

BreathalyzerTest

4 Myths About Field Sobriety Tests In Delaware DUI Cases

By Michael W. Modica |

Until the number of drunk driving accidents reaches zero, you can expect that law enforcement will continue to pursue motorists who violate laws on driving under the influence of alcohol. Statistics from the Delaware Office of Highway Safety (OHS) show that police take their responsibilities for public safety very seriously, as officers arrest more… Read More »

Arrested7

6 Mistakes That Could Make A Delaware Criminal Case Worse

By Michael W. Modica |

When you are placed under arrest in a Delaware criminal case, your brain will probably be focused on two critical points: How you can help your situation and how to NOT make things worse. You may not realize the significant impact your actions before, during, and after the encounter may have on your case,… Read More »

Witness

How To Get Witnesses To Testify In A Delaware Criminal Case

By Michael W. Modica |

There are generally two kinds of evidence that you will want to bring into court with you when you were arrested on criminal charges in Delaware: Exhibits and testifying witnesses. Exhibits are the documents, tangible objects, pictures, video, and related items that both sides will introduce to support their version of the facts. The… Read More »

DUI20

Effects Of Alcohol And Implications For Delaware DUI Cases

By Michael W. Modica |

You already know that Delaware law is tough on drunk driving, but you may not give much thought to the reasons why. In short, officials realized decades ago that consumption of high amounts of alcohol affects the human body in extreme ways. Therefore, Delaware’s drunk driving statute imposes a limit on how much you… Read More »

GavelCuffs

Know Your Rights Under Delaware’s Two-Hour Detention Law

By Michael W. Modica |

You might think that there are no gray areas when it comes to being arrested for a crime, so it might come as a surprise to learn that the lines are quite blurry. This is especially true under Delaware’s statute on detentions, which is rather unique compared to similar laws in other US states…. Read More »

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