Legal Fireworks In Delaware Are fireworks legal in Delaware? Well, yes and no. Although the State Fire Marshal’s Office doesn’t support the law change (Title 16, Chapter 69, D), certain types of fireworks are legal to use on July 4 and December 31, and they’re banned in the state at all other times. You can purchase fireworks in Delaware 30 days before July 4 and December 31. To keep it legal: Keep it ground-based. Choose from spinners, fountains, jumping jacks, ground blooms, and handheld sparklers. Firecrackers are still illegal. Smoke bombs are legal, as are “crackle” type products that make […]
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 […]
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.