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I received a citation in Woodside, Delaware, under 21 DE Code § 4176C (2024), for cell phone use while driving. This is my first offense of this nature, yet my citation is $205. Isn't a first offense only supposed to be $100? There were no additional charges on my citation.
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answered on Apr 16, 2025
You're right to question the fine amount. Under 21 Del. C. § 4176C, a first offense for using a handheld device while driving is supposed to carry a base fine of $100. However, the final amount listed on your citation may include mandatory court costs or administrative fees added by the... View More 
I received a reckless driving charge for lane splitting on April 9, 2025. There were no injuries or property damage involved, and I have no previous traffic violations. What should I expect in terms of legal consequences, and how should I proceed?
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answered on Apr 12, 2025
You're right to take this seriously—reckless driving is more than just a traffic ticket in most states; it’s a **criminal charge**, often classified as a misdemeanor. Even though no one was hurt and there was no damage, lane splitting is illegal in many places, and it can still be seen as... View More
I was driving a roll-off truck and struck a car on the shoulder about two years ago. I haven't been able to return to work since the accident, and now the person in the car is suing both my company and me. I have limited means and can't communicate with anyone at my company. What steps... View More
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answered on Apr 12, 2025
That sounds incredibly stressful, especially with everything you’ve been dealing with since the accident. When you’re being sued and don’t have strong communication with your company, it can feel like you’re being left out to dry. But you still have rights, and there are steps you can take... View More
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More
answered on Apr 3, 2025
In order to registrar a trademark you must file an application with the USPTO. It is best to conduct a trademark search though a trademark search finding does not guarantee that the mark can be registered. You can file a trademark through the USPTO as the trademark owner or by working with a... View More
I have been facing a felony charge of unlawful sexual contact with a minor under the age of 13 in Delaware and attended an arraignment in April 2024 where I waived the arraignment. It's been a year since the charge was filed, and I am represented by a public defender. Since the arraignment, I... View More
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answered on Apr 12, 2025
The timeframe for a felony trial in Delaware can vary depending on several factors, including the complexity of the case, court schedules, and whether the prosecution or defense requests delays. Generally, criminal cases in Delaware should go to trial within a reasonable time, but it can sometimes... View More
I've drafted a 5-page marketing retainer agreement for a construction client and need a business law attorney to review it for compliance with Delaware law. The agreement needs a full review and any necessary tweaks to ensure it is legally sound and complies with all relevant legal standards.... View More
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answered on Apr 11, 2025
It sounds like you're under a tight deadline, and it's important that your marketing retainer agreement is solid—especially when it’s part of a proposal for a construction client. Since Delaware has its own specific standards for contract enforceability and business arrangements, a... View More
I've been involved in a civil slip and fall case since 2021, but I did not have any substantial communication with my attorney until 2024. I never received any updates or documents related to my case. My attorney recently filed a motion to withdraw, which was granted, leaving me without... View More
answered on Apr 11, 2025
I'm sorry for the difficult position you've been placed into. I commend your courage to handle this matter on your own - injury lawsuits can be complex. It sounds like you're on top of your case. But the timetable you've given is brisk. Without knowing the scope of your file, as... View More
I am dealing with a situation where someone made a false report about me to DNREC, and I was advised that I could potentially file a claim against them. I attempted to obtain the FOIA report but was informed that I could not access it unless I filed a claim. I know the individual who made the false... View More
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answered on Apr 1, 2025
You appear to be facing a multi-faceted legal situation involving false reporting to a government agency, potential defamation, and threats of physical harm. This combination of issues warrants a structured approach to protect your legal interests and personal safety. The fact that DNREC took no... View More
I am married to a man and currently reside in Dover, Delaware. We were married in Haiti and have three children, aged 14, 12, and 9. My husband has been physically abusive, and there is a police report for aggravated menacing when he threatened to kill me with a knife, although no charges were... View More
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answered on Apr 13, 2025
If you move with your children to Georgia without informing your husband, you may face legal consequences under both Delaware and Georgia law. Since there are no existing legal custody arrangements, your husband could seek a court order to have the children returned to Delaware. This is especially... View More
I am trying to understand how participation in professional development applies as credit towards the standard certification for teaching under 14 Del Code 1716G. Despite my efforts, I have not been able to get any answers from the Department of Education or my school district. Could someone... View More
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answered on Apr 13, 2025
Under 14 Del Code 1716G, professional development can count towards the renewal or advancement of your teaching certification. The law allows educators to accumulate professional development hours, which are required for maintaining or upgrading certification levels. These hours are typically... View More
I own a business in Delaware and am concerned that my partner might have created another bank account using my credentials or my business name without my permission. My partner has a copy of my passport, my ID, and the latest Annual Franchise Tax of the company on his WhatsApp. Although I have not... View More
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answered on Mar 24, 2025
You've raised an important concern about potential financial impropriety. Discovering unauthorized accounts requires a systematic approach that protects both you and your business interests.
First, request your ChexSystems report and credit reports from all three major bureaus... View More
I filed an I-130 form on March 30, 2024, but accidentally omitted my six-year-old son from the application. I haven't yet informed USCIS about this oversight. What steps should I take to correct this error, and could it affect my immigration process?
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answered on Mar 20, 2025
You should contact USCIS as soon as possible to correct the omission. The best way to do this is by sending a written letter explaining the mistake, along with any supporting documents that show your relationship to your son. Include your receipt number, a copy of the original I-130 form, and any... View More
If I, as the primary account holder, add my adult child to my checking and savings bank accounts, can my accounts be subject to any potential lawsuit issues they may face?
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answered on Mar 24, 2025
When you add your adult child to your checking and savings accounts, you're creating joint accounts where both parties have equal legal ownership of the funds. This arrangement means the entire account—not just a portion—could potentially be vulnerable to legal actions against either... View More
I filed for Chapter 13 bankruptcy in Delaware four months ago, and my lawyer said I could keep my house. A previous sheriff sale was canceled due to the bankruptcy filing, and I resumed monthly mortgage payments to Carrington Mortgage Company, despite being seven months behind initially. Today, I... View More
answered on Mar 15, 2025
When you filed for bankruptcy relief (assuming this was your first bankruptcy filing), an automatic stay was enter, BY ORDER OF THE BANKRUPTCY COURT WHERE YOU FILED, prohibiting any creditor/claimant from taking or continuing all actions against you and/or your property. Only the bankruptcy court... View More
How long does it typically take for a felony charge of unlawful sexual contact with a minor under the age of 13 to go to trial in Delaware? I have been waiting for a year since the charge was filed. I attended the arraignment in April 2024 and waived it. I'm represented by a public defender... View More
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answered on Apr 13, 2025
Based on Delaware criminal procedure, felony cases involving unlawful sexual contact with a minor typically take 12-18 months to reach trial, though complex cases may take longer. Your case timeline of approximately one year since filing is within the normal range, but the lack of communication is... View More
I have an LLC registered in Delaware under the name "My Business Name, LLC." For branding materials and advertisements, I would like to use just "My Business Name" without the LLC suffix, while keeping the suffix for all official documentation and forms. I am uncertain if I need... View More
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answered on Apr 13, 2025
It’s unfortunate that your situation with the pain clinic has led to a dismissal, especially after a false positive test result. The first step is to gather all the medical documentation you have, including the records from your hospital stay and any related tests or treatments that could explain... View More
I received a text message from an individual claiming they've filed restraining orders against me in Delaware, a state I've never lived in or visited since 2021. I have my phone records and no travel records to Delaware during this period as evidence. How do I file criminal charges... View More
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answered on Mar 24, 2025
Filing false restraining orders can be considered harassment, making false statements to law enforcement, or misuse of court processes depending on Delaware state law. Your first step should be documenting everything - save the text messages, gather your phone records, and compile evidence showing... View More
I was blocked by Facebook due to accusations of scams, which I believe are unfounded. I reached out to them for clarification but have not received a satisfactory response. This block has affected me personally and the people I follow. What legal steps can I take to address this issue?
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answered on Apr 7, 2025
If you believe your Facebook account was blocked unfairly, the first step is to continue pursuing direct communication with Facebook. Since you’ve already reached out without success, try following up again through their official support channels, ensuring that your message is clear and detailed.... View More
Dear Sir or Madam
I am about to make my own LLC to make an income during my OPT for my F1-visa before finishing my Bachelor's degree. I signed the work under Sevis and worked towards making money but before making money it has to be registered. which I try to do now. I was told that I... View More
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answered on Feb 7, 2025
You raise a crucial question about serving as your own statutory agent while on an F1 visa with OPT status. As a non-resident in Ohio, you unfortunately cannot serve as your own statutory agent, since Ohio law requires statutory agents to be legal residents of the state.
Given your visa... View More
Deportation & birthright citizenship works w/ her & me. I’m very worried w/ everything going on & I want to know my rights but I can’t ever seem to really understand fully of what I read. (I believe she was adopted in pa)
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answered on Feb 1, 2025
Your mom’s situation might impact your citizenship rights, depending on her status at the time of adoption. If she was adopted by U.S. citizens, you may be a U.S. citizen by birthright, even if she was born outside of the country. However, this depends on the specific adoption laws in place when... View More
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