Holiday Season DUI’s

The time after Thanksgiving through Christmas and the New Year is the holiday party season. A lot of us will be partying with our family, friends, and co-workers. Most of those parties will include adult beverages, and we think we know our limits. “I can have a couple of drinks. I’m not slurring my words or stumbling, therefore, I’m good to go.” As this group of people learned in this Today News clip, it is easy to underestimate the amount you drank and overestimate your ability to drive. While attending holiday parties, simply not drinking and driving is the safest […]

Can Trick or Treat lead to Criminal Charges?

Police records have indicated that on October 31, crime rates tend to spike, more so than any other holiday. No matter if you are after Tricks or Treats, no one wants to have their Halloween ruined by an arrest and criminal charges. Our Delaware criminal defense attorneys share some ways that you can avoid getting into trouble this Halloween. How Can You Prevent Getting Criminal Charges On Halloween? Don’t Wear a Mask. Halloween is the best time of the year to throw on a costume and fake identity for a night of fun. But that can come to a quick stop if […]

Supreme Court Search Warrant Requirement

The Supreme Court is Chipping Away at the Search Warrant Requirement The Supreme Court held on February 24, 2015, that Police can search a home without a warrant even when one of the occupants objects. The issue for the Court happened because the police searched the home of a man in Los Angeles after he expressly told them they couldn’t. The Police arrived at the home of Walter Fernandez, after following him from the scene of a robbery. Upon their arrival, he informed them they were not permitted to come in. Fernandez was then arrested and the Police returned an […]

Bail in Delaware

Delaware bail guidelines have been provided to help Justice of the Peace Courts impose bail fairly and consistently. Although judges must still use a fair amount of discretion and look at all of the circumstances in setting bail, that discretion is restrained by both statutory and constitutional limitations. The Delaware bail guidelines policy is used to help judges make logical and appropriate decisions when imposing bail. Delaware essentially has four types of bail; “OR” or release on own recognizance, unsecured bail, secured bail and cash bail. Delaware allows someone released on their own recognizance to not post any money for […]

Criminal Offenses in Alderman Court

Transfers and Appeals from Alderman Court to Court of Common Pleas A dollar makes a big difference in the Alderman Court depending on whether one wants to transfer a criminal case to the Court of Common Pleas before trial or appeal a conviction after trial. The difference of one dollar has been a source of confusion for lawyers, defendants and even the Alderman Court themselves. The confusion comes when a defendant charged with a town offense in Rehoboth Beach, Dewey Beach or Bethany Beach wants to transfer a case from the Alderman Court to the Sussex County Court of Common […]

Warrantless Searches of Cell Phones

Warrantless Searches of Cell Phones In June of 2014, The United States Supreme Court announced that the police may not perform warrantless searches of cell phones without a warrant. Riley v. California; U.S. v. Wurie, 573 U.S ___, 2014. The Court’s holding is a victory for privacy rights and Constitutional traditionalists. Specifically, the Court stated that “the police may not, without a warrant search digital information on a cell phone seized from an individual who has been arrested.” Although it certainly seems that there is nothing private anymore, the Supreme Court recognized that there are still privacy interests that should […]

Juvenile Sex Offender Registration in Delaware

Juvenile Sex Offender Registration in Delaware Juvenile Sex Offender registration is a topic that has been highly debated. In most circles juvenile sex offender registration is a controversial topic which pits the benefits of community and victim protection against the severe consequences juvenile sex offender registration has on the future opportunities of a registered child. 11 Del.C. Section 4123 outlines the juvenile sex offender registration requirements. Unfortunately, even minor sex offenses that may have in previous generations been viewed as childhood curiosity, can result in sex offender registration. In addition, because of Delaware’s mandatory reporting laws, any parent who has […]

Telephone Scam Warning

The youtube video of a phone spam call to a North Carolina Police offer has received a lot of attention. Click here to watch. That is a reminder to not fall for spam calls.  The Sussex County Sheriff’s office has also warned the public about telephone scams.  Locally there have been calls where the scammer claims the recipient of the call missed a court appearance and a warrant for their arrest has been issued. Please do not fall for this scam. The Sheriff’s office does not call or email people to collect funds, fees or fines. The Sussex County Sheriff’s […]

Labor Day 2019

Labor Day Weekend is the end of the summer tourist season. This year is no exception. Unfortunately, along with all the pleasant experiences, there are also some things we hope to avoid on Labor Day weekend at the beach; traffic tickets, noise complaints, DUI, disorderly conduct and drunk in public are some of the more unpleasant that many will experience this weekend. Far too many have learned the hard way about the Delaware saying “Came down on vacation, left on probation”. Most Delaware lawyers who work in the criminal and traffic courts, particularly in eastern Sussex County, receive a spike in […]

Julianne Murray argues in front of the Supreme Court

Death Penalty Repeal Legislation Introduced Again

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