What is a criminal defense lawyer? According to Wikipedia, criminal defense lawyers handle issues involving an arrest, a criminal investigation, criminal charges, sentencing, appeals, and post-trial issues. Often an attorney will specialize in a certain area within criminal defense, such as drug defense or DUI defense. Who do criminal defense attorneys help? When dealing with a criminal case, a defense attorney is a spokesperson for the accused. When individuals are brought before a court as the defendant, they risk having a judgment made against them. A criminal defense attorney’s responsibility is to see that their client receives the best possible […]
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, […]
How do I get the most out of my consultation? Bring all documents that pertain to your case. This will help the attorney know exactly what you have been charged with and what is happening in your case. Before your consultation, write down notes that outline your legal problem and any questions you may have. It is easy to forget details while you are talking with an attorney. Also, the attorney must have all relevant details to know what is important and determine how to move forward on your behalf. It is important that you are honest concerning all your […]
Firefly Music Festival has been Delaware’s premier music festival since its inception in July 2012. The 2021 dates are Thursday, September 23rd through Sunday, September 26th. People from all over the east coast and beyond will attend the festival at The Woodlands in Dover, Delaware located behind Dover International Speedway and Dover Downs Hotel & Casino. Some of this year’s headliners are Billie Elish, the Killers, tame Impala, and Lizzo For a complete list of artists and lineup, you can visit the official website by clicking here. During this year’s 3 day event, the Woodlands will become the undisputed center […]
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 […]
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 […]
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 […]
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 things you want to avoid. Traffic Tickets, DUI’s Disorderly Conduct, and Noise complaints are just a few things that could ruin your trip to our great beaches You will want to find a Criminal Lawyer While your friendly real estate lawyer may be a great […]
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.
Delaware Criminal Law has historically been an area of contradiction when it comes to its politics and how it treats criminal offenders. Delaware has traditionally been a State dominated by the Democratic Party, which typically aligns itself with rehabilitating criminal behavior and attempts to keep incarceration rates low. The effect of politics on Delaware criminal law, however, has seemed to be the opposite of what one would expect from a blue state. Delaware has often been home to draconian laws which limits the authority of judges and puts shackles on an offender who desires to build a productive life after […]