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 […]
The holiday party season is after Thanksgiving through Christmas and the New Year. Many of us will be partying with our family, friends, and co-workers. Most of those parties will include adult beverages, and we think we know our limits. “I can have a couple of drinks, and I’m not slurring my words or stumbling. Therefore, I’m good to go.” As this group of people learned in this Today News clip, it is easy to underestimate the amount you drank and overestimate your driving ability. While attending holiday parties, simply not drinking and driving is the safest strategy for avoiding […]
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 […]
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.
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 […]
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 setting appointments with the least amount of waiting as possible. If you are contemplating your estate planning, give us a call. Julie Murray is accepting appointments or phone conferences, whichever best suits your situation. If you have a family law case, Tom Gay is accepting […]
