Author Archives: Jay Butchko
Recreational Marijuana Now Legal in Delaware
Possession of small amounts of marijuana for recreational use is now legal in the State of Delaware, after several attempts at legalization in recent years failed to gain traction. According to an April 24, 2023 report published by CBS News, the measure passed the legislature and became law because the governor chose to not… Read More »
Do I Have to Testify When I Appeal a Delaware Criminal Conviction?
It is disappointing to learn that the judge or jury has found you guilty on criminal charges, especially when there were mistakes made by the court that affected the outcome of your case. The US criminal justice system does allow you to appeal the guilty verdict, a process by which appellate judges review the… Read More »
Criminal Penalties For Domestic Violence In Delaware
Every US state has domestic violence laws that provide protections for victims of abuse, enabling them to obtain a restraining order to prevent continued misconduct. Delaware defines domestic violence as committing acts of abuse against family, former spouses, a co-parent, former or current romantic partners, and other individuals who are protected. However, this definition… Read More »
Do I Need A Delaware Defense Attorney For Theft Charges?
If you have been arrested on any criminal charges in Delaware, you have an important decision to make as promptly as possible. You will need to determine whether you will retain legal counsel for your defense, or you want to take matters into your own hands to fight the charges. When it comes to… Read More »
Important Facts To Know About Refusing A Breath Test In Delaware
Delaware motorists are well-aware that the state has some of the toughest drunk driving laws in the US. They also know that one of the most important pieces of evidence in the case is test results for blood alcohol concentration (BAC). A breathalyzer test has science behind it, and your sample could lead to… Read More »
The Role Of Experts In Delaware Criminal Cases
Witnesses are among the most important sources of evidence in a Delaware criminal case, but eyewitnesses who observed the incident are not the only individuals who might provide crucial information. Both the prosecution and defense lawyers often use experts to support their respective positions, so one might be involved in your case as well…. Read More »
How Commutations Work In Delaware Criminal Cases
There are different forms of post-conviction relief in Delaware that can dampen the harsh effects of a criminal conviction, and a commutation is one that may be available in some cases. This option is part of the governor’s powers as designated by the Delaware Constitution, which also includes pardons and reprieves. If you have… Read More »
What Separates Assault And Aggravated Assault In Delaware?
There are multiple degrees of assault in Delaware, but the basic definition is intentionally causing physical injury to another person. Under certain circumstances, the crime is elevated to the much more serious charge of aggravated assault. Based upon statistics reported in the Crime in Delaware Quick Facts, it is clear that police and prosecutors… Read More »
How Serious Are Delaware Identity Theft Charges?
For those who do not value their freedoms, wallet, and future, identity theft might not seem like a serious crime in Delaware. It is a nonviolent offense that you might associate with shoplifting or other forms of theft. However, if you do consider your rights to be important, being charged with identity theft is… Read More »
Current State Of Marijuana Laws In Delaware
States across the US are decriminalizing marijuana, expanding medical marijuana programs, and legalizing pot for recreational use, but certain activities with respect to cannabis are still illegal in Delaware. It is definitely clear from the statistics that police continue to vigorously pursue suspects. According to Crime in Delaware Quick Facts, there are 11,450 offenses… Read More »
