Author Archives: Jay Butchko
How Discovery Can Lead to a Dismissal in a Delaware Criminal Case
Before proceeding to trial in a criminal case, the prosecution and defense may engage in an exchange of information known as discovery, which is governed by Rule 16 of the Delaware Rules of Criminal Procedure. The point is to assess the facts and evidence that may be introduced at trial, and to ensure fairness… Read More »
What Issues Can I Appeal in a Delaware Criminal Case?
A conviction and sentencing may seem to bring an end to your Delaware criminal case, but you have additional legal options by appealing one or more findings by the trial court. Many people in your position do request that an appellate court review legal errors that may have affected the outcome: The US Bureau… Read More »
Four Important Facts to Note if You Were Arrested for Internet Crimes in Delaware
In its recently released 2019 Internet Crime Report, the FBI’s Internet Crime Complaint Center (IC3) revealed that criminal activities in cyberspace show no signs of diminishing. Data collected for the last calendar year indicates the highest number of complaints to IC3 at 1,300 per day AND the highest amount of losses at $3.5 billion…. Read More »
Know Your Rights at a Delaware DUI Checkpoint
When you are driving and spot a blocked roadway with flashing lights ahead, you will probably soon realize that you have encountered a sobriety checkpoint. According to the US Centers for Disease Control and Prevention (CDC), these stops occur somewhat frequently at about 1-2 every month. Even though DUI checks may seem unfair or… Read More »
Tips for Your Initial Appearance Before You Hire a Delaware Criminal Defense Attorney
Once you have been arrested and detained by police, you will be taken before the court for an initial appearance as governed by Delaware’s Rules of Criminal Procedure. This hearing is an important one, since the judge will read the official charges in court and set bail so that you can be released pending… Read More »
Your Child Was Arrested on Delaware Drug Charges: A Guide for Parents
No parent wants to receive a phone call from a school official stating that their child was arrested for drug-related charges in Delaware. You are understandably angry and frustrated, wanting to punish your son or daughter for exercising such poor judgment. However, you should also realize that your guidance and wisdom as a parent… Read More »
Overview of Delaware’s Red Flag Gun Laws
Red flag laws have made news headlines frequently in recent years because they are highly controversial in the context of Second Amendment rights. Several US states, including Delaware, have enacted these statutes to combat mass shootings and similar tragedies. Though the details vary, these statutes generally authorize a judge to enter an order requiring… Read More »
Questions About Ignition Interlock Systems in Delaware
Most motorists are well-aware that a conviction for drunk driving charges can lead to extremely harsh penalties. You face a fine up to $1,500 and imprisonment for 12 months; plus, subsequent convictions and higher blood alcohol concentration (BAC) levels involve even tougher punishments. What you may not know is the application of Delaware’s law… Read More »
Rules on Digital Evidence in Delaware Criminal Cases
Advances in technology over the last few decades have provided police, prosecutors, and other members of the Delaware criminal justice community with a wealth of resources to fight crime. Officials can now access a wide range of credible, reliable digital evidence that can be used against you in court. However, your basic civil rights… Read More »
Can University Campus Police Make Arrests in Delaware?
If you are a student at the University of Delaware, Delaware State University, or any other college institution in the state, you are probably used to seeing campus police and their vehicles on the grounds. You probably do not think much about their authority to make arrests, unless and until you are facing charges… Read More »
