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Labor Day 2020 – COVID Style

Labor Day Weekend is the end of the summer tourist season. Even though it won’t be the same this year because of the Covid-19 restrictions, Labor Day weekend still comes with thoughts of the sand, sunburns, the boardwalk, social distancing, wearing a mask, the smell of the ocean, and amazing foods. 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 […]

How to get the Most Out of Your Consultation

How do I get the most out of my consultation? Bring all documents that pertain to your case. This will help the attorney know exactly what you have been charged with and what is happening in your case. Before your consultation, write down notes that outline your legal problem and any questions you may have. It is easy to forget details while you are talking with an attorney. Also, the attorney must have all relevant details to know what is important and determine how to move forward on your behalf. It is important that you are honest concerning all your […]

Supreme Court

So what is the final stopping place that is the ultimate authority on Delaware law? The Delaware Supreme Court. As the highest court in the state, the Supreme Court has final appellate jurisdiction in criminal matters and civil final judgments from Superior Court, and certain orders from Family Court and the Court of Chancery. The Delaware Supreme Court has quite a reputation. We have mentioned that the Court of Chancery has a worldwide reputation because so many corporations are incorporated here in Delaware. Well, when a corporation is unhappy with a Chancery decision, it is appealed to the Delaware Supreme […]

Court of Common Pleas

So far we have talked about the Justice of the Peace Courts and Family Court. So now let’s talk about the Court of Common Pleas – sometimes called CCP. The Court of Common Pleas has both civil and criminal jurisdiction. In civil cases, cases with an amount in controversy up to 50,000 can be heard. CCP also handles change of name petitions, habitual motor vehicle hearings and appeals from DMV and JP proceedings. In civil matters like these, there are no jury trials. In criminal cases, CCP has jurisdiction over all misdemeanors except certain drug offenses, all criminal motor vehicle offenses, preliminary […]

JP Court and Family Court

We want to give everyone a baseline knowledge of the main courts in Delaware and the types of cases that each court hears because almost everyone has to deal with a court at some point in their lives. The main courts in Delaware are the JP courts, Family Court, Court of Common Pleas, Superior Court, Chancery Court, and the Supreme Court. Justice of Peace Court JP Court has jurisdiction in civil cases worth 15,000 or less, some criminal misdemeanors, most motor vehicle violations (except felonies) and all landlord/tenant matters. There are no jury trials in JP Court, and you can […]

Superior Court

What happens in Superior Court? Superior Court has statewide original jurisdiction over criminal and civil cases except for equity cases (which is Chancery Court) and domestic relations matters (which is Family Court) For criminal matters, Superior Court has exclusive jurisdiction over all felonies (except those involving juveniles which are heard in Family Court). For civil matters, the court has jurisdiction in cases in value over 50,000. So typically personal injury and medical malpractice cases are handled in the Superior Court. Superior Court also serves as an intermediate appellate court from over 50 administrative agencies, the Court of Common Pleas, and […]

Legal Fireworks In Delaware

 Legal Fireworks In Delaware Are fireworks legal in Delaware? Well, yes and no. Although the State Fire Marshal’s Office doesn’t support the law change, (Title 16, Chapter 69, D) certain types of fireworks are legal to use on July 4 and December 31. They’re banned in the state at all other times. You can purchase fireworks in Delaware 30 days prior to July 4 and December 31. To keep it legal: Keep it ground based. Choose from spinners, fountains, jumping jacks, ground blooms, and handheld sparklers. Firecrackers are still illegal. Smoke bombs are legal, as are “crackle” type products that […]

Supreme Court Changes law on Delaware DUI Blood Tests

The U.S. Supreme Court changes the law on DUI blood tests in Delaware DUI cases. The United States Supreme Court appears to have modified its position on whether a police officer needs to obtain a warrant before subjecting a Defendant to a blood test in DUI cases. Previously, the Supreme Court decided in Schmerber v. California, that it was permissible to obtain a DUI blood test without a warrant. Where an officer believed that he was facing an emergency situation and the delay caused by getting a warrant threatened the destruction of evidence, a police officer was permitted to take […]

Happy Flag Day!

What is Flag Day? Flag Day is celebrated on June 14, marking the adoption of the American flag by the Continental Congress in the First Flag Act on June 14, 1777. The Act declared that the new flag would have “13 stripes alternate red and white: that the union be thirteen stars, white in a blue field, representing a new constellation.” How to display a U.S. Flag: According to the U.S. Department of Veterans Affairs, the flag can be displayed at all times so long as the flag has a light on it when it’s dark outside. It can often be […]

DRE in DE DUI Cases

DRE = Drug Recognition Experts There is a new trend in prosecuting drug-related DUI cases. That is the Drug Recognition Expert. The State of Delaware is now occasionally using Drug Recognition Experts in DUI cases. As of the writing of this article, it is unclear what Delaware’s approach to Drug Recognition Experts will be. The purpose of a Drug Recognition Expert is to a) determine whether a suspect is impaired b) determine whether the suspect is impaired because of a medical condition or the use of drugs, and c) If impaired because of drugs, what type of drugs are causing […]

Julianne Murray argues in front of the Supreme Court

Death Penalty Repeal Legislation Introduced Again

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Criminal Defense Lawyer Serving Delaware

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DUI Attorney Delaware

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Real Estate Attorney Serving Delaware

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