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 […]
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 […]
So what is the final stopping place that is the ultimate authority on Delaware law? The Delaware Supreme Court. As the highest court in the state, the Supreme Court has final appellate jurisdiction in criminal matters and civil final judgments from the Superior Court and specific orders from the Family Court and the Court of Chancery. The Delaware Supreme Court has quite a reputation. We have mentioned that the Court of Chancery has a worldwide reputation because many corporations are incorporated here in Delaware. When a corporation is unhappy with a Chancery decision, it is appealed to the Delaware Supreme […]
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 […]
This is who we are at Murray, Phillips & Gay. We are real lawyers for real people. People in Delaware are suffering right now and until Friday, May 15 no one had legally challenged the Governor’s restrictions. We are proud to have filed this lawsuit and can assure everyone that there are more coming. We can’t just stand by and let our rights be trampled anymore. We are humbled by the emails and comments that we have gotten for filing this suit. Although only Julie’s name is on the lawsuit, all 3 partners are on the same page about protecting […]
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 […]
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 having 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 if […]
