Author Archives: Jay Butchko
4 Facts About Your Right to Remain Silent
For most people, the very familiar phase is something you never want a Delaware law enforcement officer to say to you. “You have the right to remain silent. Anything you say can and will be held against you in a court of law.” This language means you are under arrest because police have probable… Read More »
Is Money Laundering a White Collar Crime in Delaware?
White collar crimes are not mentioned in Delaware’s criminal laws, so many people are confused about what offenses are included in the definition. Fortunately, the state statutes are clear on what constitutes money laundering, and the terminology makes sense. When funds are derived through illegal means, they are “dirty” because of the connection to… Read More »
Things Out-of-State Drivers Need to Know About Delaware DUIs
First, the good news to know is that drunk driving laws in Delaware are similar to your home state in many respects. Under Delaware’s DUI statute, like all US states, the legal limit is .08 percent blood alcohol concentration (BAC). Another similarity across jurisdictions is that you could be arrested for impairment or being… Read More »
Can I Modify My Level of Probation in Delaware?
If you were convicted of a crime in Delaware, probation may be part of your sentence after you serve time or in lieu of incarceration. The Delaware probation system establishes different levels of monitoring, starting at Level I where the person is low risk and has minimal need for supervision. Levels II and III… Read More »
What is the Difference Between Assault and Battery in Delaware?
For many Americans, knowledge of the legal system comes from watching some of the amazingly realistic crime dramas on TV and in film. Therefore, when you hear the term “assault,” you might expect it to be followed by “battery.” In many US states, assault and battery are either separate crimes or combined offenses. However,… Read More »
Degrees of Child Abuse Offenses in Delaware
Child abuse is intolerable, which is why the federal government and US states have enacted tough laws to punish those who cause harm to vulnerable children. Delaware’s child abuse statute is no exception. If convicted, a person faces jail time and fines, and there may be requirements to register with the state child abuse… Read More »
Weapons Charges in Connection with Felonies Under Delaware Law
Many of Delaware’s laws on dangerous weapons make it unlawful to possess certain types of items or carry them designated places, even if you never do anything with them. However, the stakes are higher when you do employ certain items while engaged in criminal activity. Delaware has two statutory provisions that bar possession of… Read More »
What to Expect with a Delaware Case as a Habitual Offender
From the terminology alone, you can guess that a habitual offender is someone who has been arrested and convicted on multiple criminal charges. The specific definition under Delaware’s statute on habitual criminals varies based upon the number of prior convictions and type of crime, with the focus being on violent felonies and certain drug… Read More »
What To Do If You Were Arrested on Campus in Delaware
Going away to college is one of the first opportunities for many young people to gain independence, so it is common for students to make mistakes or exercise poor judgment. Statistics on crime on college campuses in the US reveals that there are around 28,400 crimes reported every year against students, staff, and property…. Read More »
Understanding Delaware’s Statutory Rape Laws
Statutory rape laws in the US can be tricky because they attempt to strike a balance between the protection of vulnerable children and the realization that young adults are sexually active. Delaware statutory rape laws follow the approach of other jurisdictions, where age of the victim and the offender are both critical details. In… Read More »
