Labor Day Weekend is the end of the summer tourist season. Labor Day weekend comes with thoughts of the sand, sunburns, the boardwalk, the smell of the ocean, and amazing foods. There are also some things we hope to avoid on Labor 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 “Came down on vacation, left on probation”. Most Delaware lawyers who work in the criminal and traffic courts, […]
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 […]
Valentine’s Day is a happy and warm-hearted celebration of love. Many people plan extravagant activities for the holiday. From the perfect candlelit dinner to a picturesque walk at sunset, these can be some of the most memorable times you will ever have in your life. Unfortunately, your plans can turn stressful if you are pulled over for a DUI on Valentine’s Day. The criminal defense lawyers at Murray, Phillips & Gay want you to know what to do if you receive a Valentine’s Day DUI. What to do if you are pulled over for a DUI on Valentine’s Day: Remain […]
Estate Planning includes the legal documents that will help your family manage your health and property after you pass away or become incapacitated. If you do not have these documents available, you may be leaving your family confused and scrambling in the event of your illness or death. Like a will, an advance healthcare directive is really important. It designates who you want to make healthcare decisions for you when you can’t make your own It also designates what your personal wishes are related to your healthcare if you cannot state them yourself. At the Law Offices of Murray, Phillips […]
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 […]
We want to give everyone a baseline knowledge of the main courts in Delaware and the types of cases that each court hears because almost everyone has to deal with a court at some point in their lives. The main courts in Delaware are the JP courts, Family Court, Court of Common Pleas, Superior Court, Chancery Court, and the Supreme Court. Justice of Peace Court JP Court has jurisdiction in civil cases worth 15,000 or less, some criminal misdemeanors, most motor vehicle violations (except felonies) and all landlord/tenant matters. There are no jury trials in JP Court, and you can […]
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 […]
