Recently I was at a game catching up with friends. A friend recently died and invariably the subject of advanced health care directives (also called living wills) came up and I shared my “pitch” about how important a living will is. I was talking to 4 people, ranging in age from 30-60, all of whom said that they don’t want extraordinary measures taken, and not one of them has executed a living will. So I asked them why. Answers ranged from “just haven’t had time” to “I don’t have an attorney” to “Isn’t it complicated?” Is it Complicated to Have […]
Posts Tagged ‘Delaware’
The time after Thanksgiving through Christmas and the New Year is the holiday party season. A lot 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. 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 ability to drive. While attending holiday parties, simply not drinking and driving is the safest […]
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 […]
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.
Mistakes in Estate Planning There are two prevalent mistakes in estate planning. One mistake is not to have 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 […]
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 […]
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 […]
The attorneys, Julianne E. Murray, Ronald D. Phillips and Thomas E. Gay of the Law Offices of Murray, Phillips & Gay are happy to announce the opening of their 1109B Middleford Road, Seaford, Delaware location. Our new Seaford location is convenient for scheduled meetings with residents of Western Sussex County. Delawareans living in Laurel, DE, Delmar, DE, and Seaford, DE can more easily reach an attorney in their area for scheduled meetings without taking longer trips to Georgetown. For court hearings and appearances, visiting our Georgetown location may still be necessary. Ensure to leave enough travel time to appear in […]
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.
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 […]