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How Do I Remove Habitual Offender Status In Delaware?

By Michael W. Modica |

You expect that punishment for a criminal conviction will be harsher when you have a prior criminal history, and Delaware’s approach to those who repeat their crimes follows this assumption. Under the state’s habitual offender statute, punishment is dictated by the numbers of violent and nonviolent felony convictions in your past. For a third… Read More »

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What Are Pretrial Defenses In Delaware Felony Drug Crimes Cases?

By Michael W. Modica |

Delaware uses the familiar system of classifying crimes into felonies and misdemeanors, and most people are aware that the former category is more serious than the latter. A felony is generally any offense that could lead to jail time of 1 year or more, and Delaware sentencing for felonies is quite harsh for drug… Read More »

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What Is Delaware’s School Offense Diversion Program?

By Michael W. Modica |

Delaware juvenile justice laws are different from the adult criminal process in many ways, and one in particular involves how a minor may enter the system. If a young person is arrested by police for breaking the law, he or she will be diverted into the juvenile system unless the offense requires a direct… Read More »

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Common Student Crimes Charged On College Campuses In Delaware

By Michael W. Modica |

College students are heading back to class for the Fall Semester 2022, and many of them will be leaving home and out from under their parents’ supervision for the first time. Many are inspired by this coming of age experience, but students at University of Delaware, Wilmington University, and other secondary schools can get… Read More »

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Statistics On Theft Arrests In Delaware

By Michael W. Modica |

The basic definition of theft is taking something that does not belong to you or otherwise misappropriating property, and it is one of the most common offenses across the US. In fact, according to the State of Delaware Crime Publications, law enforcement arrests almost 17,500 people every year for various theft crimes. Offenses range… Read More »

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Defenses To Child Abuse Charges In Delaware

By Michael W. Modica |

Child abuse charges are among the most serious criminal allegations a person can face, and it may seem like the deck is stacked against you if you were arrested. The Delaware Criminal Code includes multiple sections on child abuse and crimes against children, and the penalties for a conviction are extremely severe. At minimum,… Read More »

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Recent Updates To Post-Conviction Relief Options In Delaware

By Michael W. Modica |

Whenever a person is arrested for violating Delaware criminal laws, the encounter with police generates paperwork that remains on the defendant’s criminal record. For many, the implications can be extremely harsh. You could have problems with any aspect of your life that involves a background check, especially with employment, finances, and licenses. Under Delaware’s… Read More »

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What Assault Crimes Are Charged As Misdemeanors In Delaware?

By Michael W. Modica |

When you think of assault as a violent physical attack on someone, you might be surprised to learn that not all crimes in this category are classified as felonies. The issue comes down to definitions under the Delaware Criminal Code section on offenses against the person. There are numerous crimes that range in terms… Read More »

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What Happens At A Delaware Sentencing Hearing?

By Michael W. Modica |

Whenever someone is convicted of a crime in Delaware, the next phase of the criminal case is sentencing by the judge in accordance with legal guidelines. The Delaware Department of Justice describes the sentencing process. With some cases, especially misdemeanors, the court will issue penalties immediately after the verdict is read and during the… Read More »

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Consequences Of Violating Probation In Delaware

By Michael W. Modica |

In many Delaware criminal cases, especially those involving first-time offenders, a court will order probation as the sentence for a conviction. Under the system of classifying punishment, probation falls at Level I, II, or III based upon how involved you need to be with a probation officer. Still, the requirements of probation are preferred… Read More »

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