Delaware Questions & Answers by Practice Area


Delaware Questions & Answers

Q: I had a heart attack while driving tractor trailer for a company. What are they responsible for?

1 Answer | Asked in Personal Injury for Delaware on
Answered on Mar 7, 2017

Contact a member of the Delaware Assn for Justice--they give free consults. Attorney Thomas Crumplar may be able to help you. Feel free to use my name.
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Q: If the judge gave me 30 days to move and I can't what will happen

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on
Answered on Feb 20, 2017

If you've been served with a judgment to that effect (or were in present in court when the judge pronounced his judgment), you are subject to that order or judgment. If you fail to move out, the next step will be to serve you with a citation for contempt of court, which will order you to appear and show cause why you shouldn't be punished for not obeying the prior order. Alternatively, the landlord may also be entitled to a writ of assistance, which is a judicial order removing you from the...
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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

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...
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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

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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Q: Can a min owner in a Delaware LLC be liable to the individual whose co was the majority owner of the LLC?

2 Answers | Asked in Business Law for Delaware on
Answered on Jan 27, 2017

Anyone can sue anyone if you pay the filing fee. Your question is way too vague. Yes, the operating agreement governs. So does what the claim even is, which you have not stated. Thus, if your real question is the success of such a claim, no one could know based on your post.
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Q: My lease expired in 2015. I'm month to month now. Do I still have to give 60 days notice? Or 30?

1 Answer | Asked in Landlord - Tenant for Delaware on
Answered on Jan 22, 2017

"Upon 30 days' written notice, which 30-day period shall begin on the first day of the month following the day of actual notice, the tenancy may be terminated...."
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Q: My step son hit and killed a man that was running across a 4 lane road at night, not in the crosswalk, and wearing dark

1 Answer | Asked in Personal Injury for Delaware on
Answered on Dec 31, 2016

Does he want to stir up a counterclaim? If he has collision, run it through that and let them be the bad guys. Note--if it's 4 lanes, and he was doing speed limit, should have picked up moving something or other out there, slowed down, may have had chance to avoid. I'd advise to let it go. So far he's ahead. "you dented my big old truck with your puny little body" just doesn't sound too good.
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Q: After I was arrested and incarcerated in Delaware, I was never given a chance to make a phone call even though I asked?

1 Answer | Asked in DUI / DWI for Delaware on
Answered on Oct 15, 2016

Well, unless you were subjected to interrogation without benefit of counsel, or otherwise prejudiced, your only recourse MAY be a civil tort claim. Consult a criminal defense attorney on the criminal case, though.
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Q: I almost fell through the porch of a home I've been renting for over 6yrs.Should I get an attorney?

1 Answer | Asked in Personal Injury and Landlord - Tenant for Delaware on
Answered on Oct 7, 2016

Get at least a consultation. Your case is tough because you lived there--didn't like it could've moved. Contact a member of the Delaware Trial Lawyers Assn--they give free consultations.
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Q: Should I surrender myself before getting fingerprinted for my new job?

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

2 Answers | Asked in Criminal Law and Personal Injury for Delaware on
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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Q: my fiance got deported, she entered usa ilegaly once, no criminar records, can she enter usa in 5 or 10 years?

1 Answer | Asked in Immigration Law for Delaware on
Answered on Aug 15, 2016

It is most likely 10 years if she was ordered deported by an Immigration Judge while living in the USA. But I would consider talking with an immigration attorney because there may be a way to get her back sooner. Don't assume she has to wait 5 or 10 years because many times there are ways around these bars to admission.
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Q: Does a firm have to tell you they represent the party you're seeing them about suing, or can they string you along?

1 Answer | Asked in Personal Injury and Medical Malpractice for Delaware on
Answered on Jul 31, 2016

Find out why it's a conflict. If they had been representing the other party they should have told you so. If it's that they represent a potential witness, that is a little different--a conflict but they only have to tell you when they figure it out. However you need to find another attorney so contact a member of the Illinois Trial Lawyers Assn--they give free consultations.
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Q: Can I rent a car using the offenders car insurance

1 Answer | Asked in Personal Injury and Car Accidents for Delaware on
Answered on Jun 22, 2016

The offenders insurance should give you a "prior authorization" though depending on your state they may not have to (depends on what state it happened in). If your car got totaled chances are you have an injury so I suggest you contact a member of the Delaware Trial Lawyers Assn--they give free consultations. If you need names let me know.

Do understand that your car rental ends when they are ready to put the money in your hands.
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Q: My neighbor fell and fractured her pelvis because my dog jumped up on her. I've offered to pay her medical bills.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Delaware on
Answered on Mar 10, 2016

Unless you get a release from her when you pay, yes she can. You are better off turning this over to your homeowner's or renter's insurance company to handle so they can pay the bills and make sure you are released from further responsibility after they pay her.

Q: My son's car was hit by another party now their insurance closed the claim. can i sue them if there was no police report

1 Answer | Asked in Car Accidents for Delaware on
Answered on Feb 12, 2016

Whether there was a police report doesn't affect whether you can file a lawsuit. Talk to a local lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a...

Q: I studied English for 6 months. can I take vacation and stay in USA for 2 months then come back to study?F1 visa

1 Answer | Asked in Immigration Law for Delaware on
Answered on Jan 21, 2016

Your intent must match the visa that you apply for; many clients file for B visas and are denied. I advise you to retain counsel.

Q: marriage "deadline" for Employment based GC applcation

1 Answer | Asked in Immigration Law for Delaware on
Answered on Jan 21, 2016

If you can, get married before the I-140 is filed.

Q: Need help regarding my F2 to H4 visa..!!

2 Answers | Asked in Immigration Law for Delaware on
Answered on Nov 18, 2015

1. Why are you not asking your lawyer all these questions?

2. Once your husband's h1b got approved your f2 is no longer valid so you were out of status after the day your husband's h1b got approved.

3. Your lawyer's mistake will not be accounted for, you should apply for change of status before you go out of status, after all it is called "Change" meaning switching from one status to another. You were out of status since f2 so you might have some problems. Talk to a better...

Q: My father is a citizen of America. He got citizenship when I was still a minor. Can I claim citizenship?

2 Answers | Asked in Family Law and Immigration Law for Delaware on
Answered on Nov 8, 2015

There are questions similar to your situation on our website. You can locate them at http://aba-us.com/other-services/?lang=en. Good luck. www.aba-us.com

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