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Delaware Criminal Law Questions & Answers
1 Answer | Asked in Bankruptcy and Criminal Law for Delaware on
Q: If sentntcd to 25 yrs susp aftr 3 yrs DOC discretion do you get goodtime? SENTNC ORDER does not say mandatory .

The plea form did say mandatory but the sentening order does not. The prison is now saying no good time. Is this true?

James L. Arrasmith
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answered on Jun 6, 2024

If your sentencing order does not specify that your sentence is mandatory, you may be eligible for good time credits. Typically, good time credits reduce the amount of time you have to serve, provided you comply with the facility's rules and regulations. The fact that the plea form mentioned a... View More

2 Answers | Asked in Criminal Law for Delaware on
Q: Today a detective called and notified me of an arrest warrant for my husband. If going in Does he need a lawyer present?

He’s being charged with a class g felony for ALLEGEDLY committing theft under false pretenses over $1500. The detective asked him to come in and talk to get the matter resolved. He wants to willingly go to the station, Is this something he should have a lawyer present for?

James L. Arrasmith
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answered on Dec 8, 2023

Yes, it's strongly recommended that your husband has a lawyer present if he's facing a Class G felony charge for theft under false pretenses, especially given the amount involved. When law enforcement invites someone to discuss matters related to a criminal charge, anything said during... View More

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2 Answers | Asked in Criminal Law for Delaware on
Q: Today a detective called and notified me of an arrest warrant for my husband. If going in Does he need a lawyer present?

He’s being charged with a class g felony for ALLEGEDLY committing theft under false pretenses over $1500. The detective asked him to come in and talk to get the matter resolved. He wants to willingly go to the station, Is this something he should have a lawyer present for?

T. Augustus Claus
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answered on Dec 8, 2023

Ensuring your husband has a lawyer with him when he heads to the police station is crucial for several reasons. Firstly, according to the law (specifically, the Fifth Amendment), he has the right to legal counsel during any police questioning, allowing him to remain silent and have an attorney... View More

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1 Answer | Asked in Criminal Law for Delaware on
Q: What happens if I post bail in this situation & what are the options? How do we know if FC Jail asked them to hold him?

I have a friend who was arraigned today at the Delaware County Jail in Ohio. He is facing charges of DUI and Driving Under Suspension. His bail is set at $250. However, he has a revocation hearing warrant in Franklin County Ohio for a separate M1 non-violent case. I am considering posting bail, but... View More

James L. Arrasmith
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answered on Jun 12, 2025

If you're considering posting bail for your friend facing DUI and Driving Under Suspension charges in Delaware County, you need to understand that the Franklin County warrant creates significant complications. When someone has an outstanding warrant from another jurisdiction, that county can... View More

1 Answer | Asked in Gov & Administrative Law, Federal Crimes and Criminal Law for Delaware on
Q: Can my probation officer contact my employer under my probation conditions?

I am on federal probation, and one of my special conditions is that I am not allowed to engage in an occupation where children will be present. I work as a maintenance manager at a grocery store warehouse where children do not work, though children might visit the store with a parent. I've... View More

James L. Arrasmith
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answered on May 15, 2025

Based on your probation conditions, it seems that your job may not directly violate the restriction, as the warehouse does not employ children, and children do not work there. However, since children may occasionally visit the store with their parents, your probation officer could argue that your... View More

1 Answer | Asked in Criminal Law, Construction Law and Real Estate Law for Delaware on
Q: Can a customer call the police and have you charged if they have ignored communication with you to come finish the job

I have never refused to do the work. She has made it near impossible to agree upon days to get the job finished. I have record of formal letters issued to the customer addressing her behavior and conduct

James L. Arrasmith
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answered on May 15, 2025

It’s understandable to feel frustrated when you’ve made efforts to complete a job but the customer has been uncooperative. Legally, anyone can call the police and file a complaint, but that doesn’t mean charges will automatically be filed against you. If you have clear documentation showing... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Delaware on
Q: How to get off tier 3 sex offender registry in Delaware?

I was convicted of a tier 3 sex offender charge in Delaware over 10 years ago. I have been out for 6 years and off probation for the past 5 years, with no other charges since then. I attempted to get help from the Apex program to get downgraded or removed from the registry, but they refused. How... View More

James L. Arrasmith
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answered on May 15, 2025

In Delaware, Tier 3 sex offenders are generally required to register for life, and removal from the registry is extremely limited. However, after 25 years of continuous registration without any new offenses, you may become eligible to petition the court for removal. Since you’ve only been out for... View More

1 Answer | Asked in Civil Rights and Criminal Law for Delaware on
Q: Is it legal for an officer to point a taser at someone holding a child's hand?

I want to know if it's legal for a police officer to point a taser at someone who was holding a 2-year-old child's hand during an interaction. This occurred when the person, informed by his girlfriend that their car was being towed at a traffic stop, expressed frustration using foul... View More

James L. Arrasmith
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answered on May 14, 2025

You have a right to feel safe when you’re simply holding a child’s hand, and pointing a taser at you under those circumstances likely crosses the line into unreasonable show of force.

Officers may only brandish or use less‑lethal weapons when they reasonably believe there’s a threat... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Delaware on
Q: Warrant for not appearing for ticket: no insurance & inattentive driving first offense.

I have a warrant for failing to appear in JP court due to a ticket for not having insurance on me and inattentive driving. This is my first offense, and there was no fine amount or additional consequences listed on the ticket. I plan to turn myself in. How serious is this situation?

James L. Arrasmith
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answered on Apr 14, 2025

First, it’s important to address the warrant as soon as possible. Ignoring it could lead to more serious consequences, such as additional fines, suspension of your driver’s license, or even jail time. Since this is your first offense, the court may show leniency, especially if you act... View More

1 Answer | Asked in Criminal Law for Delaware on
Q: Timeframe for felony trial in Delaware?

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for Delaware on
Q: Felony trial timeframe for unlawful sexual contact with minor under 13 in Delaware.

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Traffic Tickets for Delaware on
Q: Reckless driving charge for lane splitting, no previous violations.

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?

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Civil Rights for Delaware on
Q: Filing charges for fictitious restraining orders in Delaware.

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for Delaware on
Q: MY SON WAS RECHARGED WITH A CASE THAT WAS DISMISSED WHAT CARE I DO ISNT THIS DOUBLE JEOPARDY
Dash Radosti
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answered on Oct 8, 2024

Hello,

My name is Dash, I'm an attorney who used to be a prosecutor for the state of Delaware. I'm sorry to hear about what's going on with your son.

Double jeopardy is a concept recognized by both the U.S. Constitution, as well as the Delaware bill of rights.... View More

1 Answer | Asked in Criminal Law for Delaware on
Q: If there is no fence around a business property,can you still be charged with criminal Trespassing in the third degree.
T. Augustus Claus
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answered on Jun 23, 2023

Trespassing laws often take into account factors such as intent, notice, and permission to be on the property.

Even without a fence, entering or remaining on someone else's property without permission or after being explicitly told to leave could potentially lead to criminal trespassing charges.

1 Answer | Asked in Contracts, Criminal Law, Foreclosure and Personal Injury for Delaware on
Q: When is it possible for a lawyer to move a court or an arbitration hearing at a court without a claim or witness

the same individuals, as debt collectors for different entities, who are lawyers, has moved the court to sheriff sale two family properties, in less than four years, for an alleged debt and are currently attempting to move the court on a third family property, where I domicile, with no original... View More

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2020

This is a matter for a Delaware attorney, but your post remains open for four weeks. It's difficult to tell exactly what is taking place, whether the other side is filing motions for change of venue. A quick consult with a Delaware attorney should be able to determine your best course of... View More

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

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