Questions Answered by David Holloway

Q: Can the police search my hotel room without issuing a search warrent

1 Answer | Asked in Criminal Law for Delaware on
Answered on Feb 1, 2017
David Holloway's answer
Sometimes yes, sometimes no. It's going to depend on a ton of factors, including what they knew when they conducted the search, whether you were the person who rented the hotel room, whether you're on probation, whether others were in the room, and the presence or absence of exigent circumstances (fancy way of saying emergency). If they had probable cause that there was criminal activity taking place in the room and if there were any exigencies, then they wouldn't need a warrant to search the...

Q: My son a felon about 9 years ago was just arrested with 2 guns in Delaware how much jail time can he receive.

1 Answer | Asked in Criminal Law for Delaware on
Answered on Feb 1, 2017
David Holloway's answer
It's going to depend on whether he has other felonies on his record (no matter what state they're from), and what kinds of felonies they are. He is most likely looking at any/all of the following charges: firearm by person prohibited (x2), carrying a concealed deadly weapon ("CCDW") (x2), and potentially possession of firearm during the commission of a felony (depending on what he was doing when he got arrested with the 2 guns).

The Firearm by Person Prohibited charges are going to...

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