Court of Chancery

The Court of Chancery has jurisdiction over equity cases. So what is an equity case? It’s a case where the remedy sought is something other than money damages. Things like writs, injunctions, and orders of specific performance. So what kinds of cases are these? Some examples are corporate matters, commercial and contract matters, trusts, estates, and other fiduciary matters, disputes involving the purchase and sale of land, questions of title to real estate, and guardianships. Basically, the Court of Chancery is where you go if you are trying to get someone to do something or to stop doing something. Learn […]

Advanced Health Care Directives ~ it’s about your family.

Recently I was at a game catching up with friends.  A friend recently died and invariably the subject of advanced health care directives (also called living wills) came up and I shared my “pitch” about how important a living will is. I was talking to 4 people, ranging in age from 30-60, all of whom said that they don’t want extraordinary measures taken, and not one of them has executed a living will.  So I asked them why.  Answers ranged from “just haven’t had time” to “I don’t have an attorney” to “Isn’t it complicated?” Is it Complicated to Have […]

The Myth of the Presumption of Innocence

  The Myth of the Presumption of Innocence The Constitutional principle that everyone is entitled to the presumption of innocence until proven guilty beyond a reasonable doubt is often misunderstood and is often the subject of conversation with. I often get questioned as to how someone could be charged with a crime for which there appears to be little evidence or why they need to post bail to stay out of jail pending trial if they are presumed innocent. The constitution does not specifically say that an individual is entitled to the presumption of innocence; rather this concept is rooted […]

Did you hear the one about the Lawyer…

As a lawyer, I often get to hear jokes about lawyers and have received many backhanded compliments about my chosen profession. Lawyers are often viewed in a negative light and sometimes rightly so. However, I do find it ironic that lawyers are the first to be called upon when people need help with a legal problem. Lawyers can only represent people who are seeking representation…without clients, there would be no need for lawyers. Lawyers are at the forefront of protecting individual rights and societal injustices so I thought for a change I would post some quotes that present lawyers in […]

Christmas in Family Court

Christmas Eve 2014 ~ Reflections from Ron Phillips For the first time in my 20 years as a lawyer, I spent this Christmas Eve in Family Court. I am a trial lawyer, so I am used to having my personal schedule determined by an unsympathetic Court that needs to process an incredible number of cases in a short period of time. Since I practice both family law and criminal defense, I am also used to the spike that occurs in Court activity around the Christmas holiday. This, however, was a first. It seems that with each passing year the number […]

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 […]

Julianne Murray argues in front of the Supreme Court

Death Penalty Repeal Legislation Introduced Again

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