Has COVID-19 impacted the court system in Sussex County, Delaware? It is an unquestionable fact that the COVID-19 pandemic of 2020 has had an impact on the day to day lives of U.S. citizens. Dealing with DUI charges in a normal year is a lengthy, complicated, and often stressful process to go through. Our clients are usually scared, embarrassed, and want it to go away as quickly as possible. The daily COVID updates and new restrictions put in place, have caused our clients to wonder how will this affect my DUI case? Anyone with a conviction of Driving Under the […]
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 attorney shares some ways that you can avoid getting into trouble this Halloween. How Can You Prevent Getting Criminal Charges On Halloween? Don’t Drink and Drive. Holidays seem to attract drunk driving, and Halloween is no exception. If you decide to drink at a Halloween party, make sure you have a ride home or a […]
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 the Superior Court and specific orders from the 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 many corporations are incorporated here in Delaware. When a corporation is unhappy with a Chancery decision, it is appealed to the Delaware Supreme […]
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 […]
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 […]
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 […]
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 […]
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 so long as the flag has a light on it when it’s dark outside. It can often be displayed, especially […]
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 […]
So…Memorial Day. I think that many people miss what it is really about. Most people associate Memorial Day with the beginning of summer, barbecues and a cool 3 day weekend. All of these are true but I want to make sure that people know that there is more to it. So here is a mini-history lesson – Memorial Day was originally known as Decoration Day and originated after the Civil War to commemorate the fallen Union soldiers. By the 20th century, Memorial Day had been extended to honor all Americans who have died in all wars. It is actually a […]
