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

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
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?

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
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?

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
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

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
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

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
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

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
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

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
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

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
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?

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
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

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 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

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 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?

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 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

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

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

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.
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

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
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

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
Do we need a lawyer?

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?
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?

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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