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 […]
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 […]
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 […]
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 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 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 […]
Delaware is cracking down on drivers who talk or text on their handheld cellphones while driving. The “Phone in One Hand. Ticket in the Other” driving campaign aims to reduce distracted driving, said Alison Kirk, spokeswoman for the state Office of Highway Safety.
According to WBOC Channel 16, Delaware State Police are conducting DUI checkpoints on Labor Day Weekend. Before you hit any of the state’s major roadways this weekend, buckle up, pay attention and don’t drink. During the Labor Day Weekend, there is an extra police presence covering the entire State of Delaware. They conduct traffic stops focused on aggressive driving, distracted driving, impaired driving, seatbelt use, pedestrian safety, as well as motorcycle and commercial vehicle safety and enforcement. There is also an increase in DUI Checkpoints. A traffic violation conviction in the State of Delaware can alter your everyday life in […]
Mistakes in Estate Planning There are two prevalent mistakes in estate planning. One mistake is not having a will or other key documents of a plan. The second mistake is to fail to update your estate planning documents. Having your estate plan doesn’t mean your work is done. Estate plans need to be reviewed and revised periodically. If you have not completed your estate planning, please click here to learn why you should not wait to get your estate planning in order. Do These apply? If you have completed your estate planning, please take a few minutes and see if […]
Real Estate School by Julianne E. Murray, Esquire We are now in our fourth installment, Real Estate School 104, Title Searches. In the first installment, I started with how you get from a ratified sales contract to an attorney’s office. In my second installment, I described three very important documents related to real estate transactions: the deed, the mortgage and the note. The third installment discussed the Settlement Sheet HUD-1. Title Searches For our fourth installment, I am going to discuss title searches. When a piece of property is bought, we know from installment three that the current owner (the […]
