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What to Expect with a Delaware Case as a Habitual Offender

By Michael W. Modica |

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 »

Advocacy

What To Do If You Were Arrested on Campus in Delaware

By Michael W. Modica |

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 »

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Understanding Delaware’s Statutory Rape Laws

By Michael W. Modica |

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 »

Marijuana

Recreational Marijuana Now Legal in Delaware

By Michael W. Modica |

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 »

Arrested8

Do I Have to Testify When I Appeal a Delaware Criminal Conviction?

By Michael W. Modica |

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 »

ArrestHands

Criminal Penalties For Domestic Violence In Delaware

By Michael W. Modica |

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 »

CriminalDefense

Do I Need A Delaware Defense Attorney For Theft Charges?

By Michael W. Modica |

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 »

DUI19

Important Facts To Know About Refusing A Breath Test In Delaware

By Michael W. Modica |

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 »

Gavel

The Role Of Experts In Delaware Criminal Cases

By Michael W. Modica |

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 »

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How Commutations Work In Delaware Criminal Cases

By Michael W. Modica |

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 »

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