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 …
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 …
Even though it won’t be the same this year because of the Covid-19 restrictions, Memorial Day weekend still comes with thoughts of the sand, sunburns, the boardwalk, social distancing, the smell of the ocean, and amazing foods. Along with all of the great things that are associated with our Sussex county beaches, there are some …
DURING THIS TIME OF SOCIAL DISTANCING, WE ARE STILL HERE FOR YOU! We are taking all precautions to keep our staff as well as our clients as safe as we can. We are accepting office conferences but are encouraging phone conferences whenever possible. We are limiting office conferences to one conference at a time and …
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 …
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 …
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 …
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 …
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. Law enforcement has taken a zero-tolerance stance against drivers seen using a handheld device …
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. …
