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Delaware Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Identity Theft for Delaware on
Q: How to resolve an arrest warrant in DE if I’m in FL? Never been in DE, I’ve been accused of identity theft there.
Gary Kollin
Gary Kollin answered on Oct 8, 2019

You need to retain an attorney in DE". .

1 Answer | Asked in Criminal Law for Delaware on
Q: my husband had suboxone found in a drawer near his bed the persons drawer next to it had 4 whole pill in it hes been h

housed in a dorm like room where there arent cells and everyone has access to everything can he not be charged since it wasnt on his person

Gary Kollin
Gary Kollin answered on Oct 7, 2019

When you are away from your house, do you still own the clothes in your closet?

There is a thing called constructive possession. You can google it

1 Answer | Asked in Criminal Law for Delaware on
Q: I have a son who is 17 yrs old and was arrested for Possession of alcohol by a minor. We reside in Delaware County.

Do we need a lawyer?

Gary Kollin
Gary Kollin answered on Aug 26, 2019

If you were arrested and charged with any crime, you would insist on retaining a lawyer. Does your son deserve less?

1 Answer | Asked in Criminal Law for Delaware on
Q: I received an out of state subpoena in the mail. Do I have to attend? it's from MN and I live in Ohio

This subpoena is for me to testify. I witnessed a "violation of a no-contact order" for my friend who lived in MN at the time. I have always lived in ohio. Do I have to go to this court hearing?

Gary Kollin
Gary Kollin answered on Sep 11, 2018

Here are some answers which may help you

https://www.avvo.com/legal-answers/subpoena-to-testify-in-a-criminal-trial-in-another-1212086.html

1 Answer | Asked in Criminal Law for Delaware on
Q: Can the police search my hotel room without issuing a search warrent
David Holloway
David Holloway answered on Feb 1, 2017

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... Read more »

1 Answer | Asked in Criminal Law for Delaware on
Q: My son a felon about 9 years ago was just arrested with 2 guns in Delaware how much jail time can he receive.
David Holloway
David Holloway answered on Feb 1, 2017

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... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Delaware on
Q: Should I surrender myself before getting fingerprinted for my new job?

I got into a altercation with someone and picked up a misdemeanor assault charge and have to turn myself in. I have to get fingerprinting done for my new job (child care facility) and really can't figure out which step to take first. What will happen if I go to my fingerprinting first? And if I... Read more »

Paul Stanko
Paul Stanko answered on Sep 18, 2016

If you have to turn yourself in, that tells me you have an outstanding warrant. Better to turn yourself in with money in your pocket to post bond than wait to be picked up at an inconvenient time. Your work will find out no matter what.

2 Answers | Asked in Criminal Law and Personal Injury for Delaware on
Q: My sons HS band teacher makes them stay in the heat for hours w/no breaks. Is there a law regarding this issue?

My son is in the band at a local high school. During the summer they have band camp. He will make them march, in the heat, for hours with no breaks. If one of them makes a remark about the heat, he tells them, "It's not that bad." If they do take a break he berates them. I find this dangerous and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2016

As the band camp is technically an option it should be covered by education law parameters governing school sports.

Perhaps the band director needs to attend scout leader training or training for any other youth activitiy. You can ask the department of education or whoever regulates sports.

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1 Answer | Asked in Criminal Law for Delaware on
Q: Can someone be indicted without ever being formally charged

My child was arrested for murder 1and was never arrested

Robert Jason De Groot
Robert Jason De Groot answered on Nov 3, 2015

You have a very confusing question here. Arrested and never arrested?

1 Answer | Asked in Criminal Law for Delaware on
Q: I'm a newly employed Delaware corrections officer. my husband is scheduled to be paroled from NJ. Will they release him
Robert Jason De Groot
Robert Jason De Groot answered on Oct 26, 2015

Perhaps, when it is time for him to be released.

1 Answer | Asked in Criminal Law for Delaware on
Q: My daughter got locked up last night and she is only 14 for disorderly conduct with no warning is that legal
Robert Jason De Groot
Robert Jason De Groot answered on Sep 12, 2015

When someone commits a crime, they are locked up. In order to fully answer your question, an attorney needs to know all of the facts, which include much more than you have written.

1 Answer | Asked in Criminal Law for Delaware on
Q: In DE, what are the criminal penalties for UPL and where are they codified?

Please provide me with the specific place to find the rule in DE code.

Thanks

Robert Jason De Groot
Robert Jason De Groot answered on Sep 5, 2015

Look here, this might help: http://www.americanbar.org/content/dam/aba/migrated/cpr/model-def/model_def_statutes.authcheckdam.pdf

1 Answer | Asked in Criminal Law for Delaware on
Q: Are there criminal penalties in DE for UPL and if so where are they codified?
Robert Jason De Groot
Robert Jason De Groot answered on Sep 4, 2015

Probably, and in the statutes or code. http://delcode.delaware.gov/

1 Answer | Asked in Criminal Law for Delaware on
Q: My brother's case was Nolle pasque on 04/2014 he was sentenced to 12 yrs with a private attorney please help...

I have paper work stating what im tryin to explain ,showing the discrepancy of his case please tell me what to to help him

Robert Jason De Groot
Robert Jason De Groot answered on Aug 26, 2015

Go see a local criminal defense attorney with all relevant paperwork in hand.

1 Answer | Asked in Criminal Law for Delaware on
Q: My brother had a private attorney and the case he plead guilty to was Nolle Prusequi in 04/2014 he was sentenced to 12 y

In sept. What can I do to help him

Robert Jason De Groot
Robert Jason De Groot answered on Aug 24, 2015

Be sure to give enough information and details, facts, when you post a question. This does not make sense to me.

1 Answer | Asked in Animal / Dog Law and Criminal Law for Delaware on
Q: We've already spent money taking the cat to the veterinarian etc. It was given to us why should we give it back?

They're harassing us, we are trying to avoid confrontation. They are now contacting friends and family with threats. We just want them to go away and leave us alone.

Robert Jason De Groot
Robert Jason De Groot answered on Aug 21, 2015

Well then, do not give the cat back and see what happens.

1 Answer | Asked in Animal / Dog Law, Communications Law and Criminal Law for Delaware on
Q: A person gave me a cat because they couldn't keep it. Then started harassing us for it back. What can be done?

We have documentation in emails and texts showing where they gave us the cat. They are now harassing us and putting info out on social media that the cat was stolen and said we did it. We've had the cat for 2 weeks and they just now went to the police. They called us and asked questions about the... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Aug 21, 2015

So, what will happen if you give the cat back and stay completely away from the people?

1 Answer | Asked in Criminal Law for Delaware on
Q: My brother was sentenced to 12 years and the case was Nolp.is there anything we can do
Robert Jason De Groot
Robert Jason De Groot answered on Aug 19, 2015

Your question is confusing. What do you mean by Nolp? If the case was dropped, why was he sentenced to 12 years? You might think about either conferring with the attorney who represented him or going to a private attorney of your own choosing with all relevant documents including a transcript.

1 Answer | Asked in Criminal Law for Delaware on
Q: I violated a no contact order after me and my ex decided to work things out what is going to happen to me

The arrwsting officer was ddriving by her house and saw me and arrested me again what is going to happen to me am I going to jail

Michael L. Sensor Esq.
Michael L. Sensor Esq. answered on Jul 31, 2014

The State could choose to bring a new charge of Breach of Release against you, which could result in your bail being increased, converted to secured status, or even revoked. You should cease posting about it anywhere, because your postings could be used against you in a prosecution. You should also... Read more »

1 Answer | Asked in Criminal Law for Delaware on
Q: State of DE pressed charges against my husband for offensive touching and my sister and I don't want to press charges

we aren't looking to press charges he is in jail but the whole ordeal was more blown up by the NCCPD

Michael L. Sensor Esq.
Michael L. Sensor Esq. answered on Jul 31, 2014

Unfortunately, the call to drop the charges cannot be made by you and your sister. That decision is made by the Attorney General's Office. However, under Delaware law the prosecutor is required to consult with the victim of a crime before offering a plea bargain. Therefore, when the time comes for... Read more »

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