You may try your best to be a careful driver, but sometimes accidents occur. If you’re in a traffic accident in Delaware and are accused of reckless driving that has caused the accident, it is important that you take steps to protect yourself. There are several ways you can gather evidence at the accident scene that can later help you and your criminal defense attorney build the best defense against the charges that may face you.
The availability of heroin is responsible for many overdoses and deaths in Delaware in recent years and has prompted a number of changes in laws. Police, paramedics, and mental health officials have all seen a steady increase in heroin use among the population, and the Drug Enforcement Administration named it as Delaware’s largest drug threat. The state’s legislature has been taking proactive steps to fight the heroin epidemic, and federal authorities recently indicted an alleged Delaware heroin supplier, charging that the individual’s supply of drugs resulted in the overdose death of a woman in Pennsylvania.
A June 13, 2016 ruling in Delaware’s Court of Common Pleas can have wide implications in future DUI arrests. Judge Carl C. Danberg ruled that the “exceptionally broad” definitions of drugs allows Delaware police officers to establish probable cause for a driving under the influence arrest without identifying the specific substance a person may have used. The ruling followed a defendant’s motion to suppress evidence from a June 2015 arrest. The defendant argued that the arresting Delaware State Police officer could not determine a crime had occurred after the defendant hit another vehicle at an Instate 95 toll.
Ronald Phillips and Julianne Murray successfully defended a Dover Delaware man facing counts of attempted murder with first-degree assault and lesser charges including offense and possession of a firearm during the commission of a felony. They gained an acquittal on all counts. Read the article here: http://delawarestatenews.net/news/strickland-acquitted-alleged-dover-shooting/?utm_source=feedblitz&utm_medium=FeedBlitzRss&utm_campaign=destatenews
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 […]
Beach Replenishment – Part II, continuation of “Beach Replenishment – A Perspective from an Old Salt”. I saw Mrs. S standing on the shoreline staring at the ocean looking quite upset. I became acquainted with Mrs. S nearly 30 years ago as a young lifeguard. She was always very nice to me and we would exchange pleasantries whenever we would see each other on the beach. Over the many summers I spent lifeguarding, I got to know her as she would catch me up every spring on the events of her winter back in the city. As a career educator, […]
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 […]
In addition to being a Delaware lawyer, I am also a part-time lifeguard with a career that has spanned 32 summers guarding the Delaware beaches as well as a lifelong surfer. On a recent trip to Rodanthe on the Outer Banks of North Carolina, I had the opportunity to watch as my two youngest children accomplished the milestone of paddling into and surfing their first waves unassisted by Dad. Thereafter, I literally could not get them out of the water the rest of the trip. They caught the surfing bug that first bit me more than 35 years ago. *When […]
Memorial Day weekend is just a few short days away. The boardwalk, the beach, the smell of the ocean and Thrasher’s French fries, crowds, sunburns and all those things we associate with the first weekend of summer will be upon us. Unfortunately, along with all the pleasant experiences, there are also some things we hope to avoid on Memorial 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 […]
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 […]