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What if the Victim Will Not Testify in a Delaware Assault Case?

By Michael W. Modica |

If you were arrested for assault in Delaware, you probably already know that every shred of evidence could make or break your case. The same is true for the government, since evidence is critical for the prosecution to meet its burden. The Due Process Clause of the 14th Amendment to the US Constitution requires… Read More »

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Will I Have to Go to Jail for a White Collar Crime in Delaware?

By Michael W. Modica |

Though they may not go by the familiar term you know as white collar crimes in Delaware, these offenses are still serious and carry hefty penalties. The details will vary, as a white collar crime may be classified as a misdemeanor or felony depending on the circumstances. Additional factors also affect the punishment if… Read More »

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Will I Be Deposed in a Delaware Criminal Case?

By Michael W. Modica |

If you recall from civics classes in school and possibly in your professional life, your constitutional rights are among the most important protections in a criminal case. One that arises often is the right against self-incrimination. The Delaware Constitution Bill of Rights, which parallels the Fifth Amendment to the US Constitution, states that no… Read More »

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Dual Penalties Under Delaware DUI Laws

By Michael W. Modica |

Many motorists are aware that Delaware law enforcement is aggressive in pursuing those they suspect of drunk driving, and officers will make arrests when a driver violates the law. According to official DUI statistics from the State of Delaware, there are more than 4,000 people arrested every year for driving while impaired. Police will… Read More »

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What Decisions are Up to Me in a Delaware Criminal Case?

By Michael W. Modica |

When you know that you could face jail time, fines, and harsh collateral consequences if convicted of a crime in Delaware, you realize that it is critical to retain legal counsel to assist with your case. A criminal defense attorney will have the years of education, training, and experience that you lack. Plus, to… Read More »

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What Results Can Be Appealed in a Delaware Criminal Case?

By Michael W. Modica |

A Delaware criminal case is decided by an entity termed the finder of fact, which simply means that the verdict will be either rendered by the judge or a jury. When a judge decides guilt in a bench trial, that person acts as both the finder of fact and the traditional judicial role. There… Read More »

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Questions for Your Delaware Criminal Attorney About Habitual Offender Charges

By Michael W. Modica |

All crimes in Delaware are more serious when the offender has a history of criminal convictions, whether the charges become more severe or the punishment is enhanced. However, with some cases, primarily those involving drug crimes and violent offenses, the stakes are much higher for the defendant. You could be labeled as a habitual… Read More »

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Tips to Avoid Probation Violations in Delaware

By Michael W. Modica |

Delaware offers a wide range of probation options for those who are arrested and convicted of a crime, and many first-time offenders will qualify. The primary benefit to you is that you will not be sentenced to jail, but you will need to meet the strict rules set by the court. Delaware’s statute on… Read More »

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Driving in Delaware on an Out-of-State Suspended License

By Michael W. Modica |

Delaware is in close proximity to several US states, so it is common for out-of-state drivers to pass through or stay for personal reasons and professional business. Of course, all traffic laws apply no matter where you call home, including Delaware’s statute on driving a vehicle on a suspended license. In many jurisdictions, a… Read More »

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Tips When You are Under Arrest for Theft

By Michael W. Modica |

Any encounter with police can be intimidating, but you could be overwhelmed if it leads to an arrest for theft. You may know that the charges are serious, and that the penalties for a conviction are harsh. Delaware’s theft laws define multiple offenses that are graded according to the value of the property stolen,… Read More »

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