Author Archives: Jay Butchko

Top 3 Reasons Delaware DUI Charges Get Dismissed
The ideal outcome for a defendant in a drunk driving case is to get the charges tossed out of court early on in the process, which is possible under the Delaware Rules of Criminal Procedure. This rule provides multiple grounds for filing a motion to dismiss during pre-trial proceedings – well before your case… Read More »

Debunking Myths About White Collar Crimes in Delaware
Though you know the term, you may not fully understand the wide range of legal concepts that fall under the umbrella of “white collar crime.” Most of them are included in the Delaware Criminal Code section on Offenses Involving Property, as they often involve elements of theft, fraud, and other prohibited acts. The basic… Read More »

What to do if You’re Falsely Accused of Rape in Delaware
The US criminal justice system presumes every individual is innocent until proven guilty, but that does not necessarily stop someone from being falsely accused of a crime. When that crime involves Delaware’s rape statute, you know the stakes are high. You be convicted based upon another person’s dishonesty, but there are consequences for your… Read More »

Prototype for Pot Breathalyzer Revealed: Implications for Delaware Drug and DUI Laws
For decades, Delaware’s criminal justice community has relied up breathalyzer devices to chemically test the blood alcohol concentration of a person suspected of driving under the influence of alcohol. Soon, officials may have access to additional technology to assist with drugged driving. According to a September 5, 2019 published by NPR News affiliate Delaware… Read More »

FAQs About the Federal First Step Act
After years of debate and multiple variations on a bill for federal criminal justice reform, lawmakers passed a law entitled the “Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person.” Familiarly known as the FIRST STEP Act, the measure offers legal relief for certain inmates who are currently serving time for violations of federal… Read More »

R. Kelly Arrested on Federal Charges: FAQs About Indictments
Though his case may not be getting the same attention as Jeffrey Epstein, singer R. Kelly is facing serious sex crimes charges of his own. According to a July 12, 2019 article published by Wilmington’s WDEL News Radio, the five-count federal indictment described various charges involving sex trafficking of minors and young women. The… Read More »

5 Things to Know About Sex Trafficking in Delaware
It is important to realize that most states also have laws regarding sex trafficking and related crimes. There are subtle differences, however, which is why you should trust a Delaware sex crimes defense lawyer to protect your rights. It may also be useful to review five things to know about these cases. Delaware only… Read More »

Delaware AG Implements Checkpoint StrikeForce to Nab Drunk Drivers
In connection with Delaware’s Checkpoint StrikeForce (CPSF) initiative, the state’s Attorney General recently swore in 53 law enforcement officers to serve New Castle, Kent, and Sussex Counties. According to a June 24, 2019 article published by Delaware.gov, CPSF will encompass five DUI sobriety checkpoints throughout the state at multiple times during the year. These… Read More »

What are the Non-Criminal, Collateral Consequences of a Conviction in Delaware?
An internet search on the sanctions for a criminal conviction will turn up such results as Delaware’s statute on classification of offenses and sentencing, but information on the other ramifications is harder to come by. Like many others who have served jail time and paid fines, you could be surprised to learn that there… Read More »

How to Get Evidence Suppressed in a Delaware Criminal Case
If you were charged with a crime and the evidence against you seems overwhelming, it is always important to remember that you still have rights. A violation of your civil liberties under the US Bill of Rights and parallel provisions of the Delaware Constitution could lead the information to be inadmissible in court. However,… Read More »