Delaware Criminal Law Questions & Answers
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?
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
Q: Can the police search my hotel room without issuing a search warrent
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 »
Q: My son a felon about 9 years ago was just arrested with 2 guns in Delaware how much jail time can he receive.
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 »
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 »
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.
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 »
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.
Q: Can someone be indicted without ever being formally charged
My child was arrested for murder 1and was never arrested
You have a very confusing question here. Arrested and never arrested?
Q: I'm a newly employed Delaware corrections officer. my husband is scheduled to be paroled from NJ. Will they release him
Perhaps, when it is time for him to be released.
Q: My daughter got locked up last night and she is only 14 for disorderly conduct with no warning is that legal
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.
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
Look here, this might help: http://www.americanbar.org/content/dam/aba/migrated/cpr/model-def/model_def_statutes.authcheckdam.pdf
Q: Are there criminal penalties in DE for UPL and if so where are they codified?
Probably, and in the statutes or code. http://delcode.delaware.gov/
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
Go see a local criminal defense attorney with all relevant paperwork in hand.
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
Be sure to give enough information and details, facts, when you post a question. This does not make sense to me.
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.
Well then, do not give the cat back and see what happens.
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 »
So, what will happen if you give the cat back and stay completely away from the people?
Q: My brother was sentenced to 12 years and the case was Nolp.is there anything we can do
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.
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
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 »
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
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 »
Q: Do criminal lawyers take on criminal cases against the state of Delaware on a contingency basis?
No. In fact, a Delaware lawyer who does this would be subject to being disciplined.
Q: What is the process for one to get off the sex regristry in delaware
I am not an expert in this area, but it is my understanding that a tier 1 offender must be registered for 15 years, but can file a petition to be removed after 10 years. The petition is filed with the Delaware Superior Court.
Q: If I got a arson felony charge when I was 15 years old is it still on record now that im 25
I am not a criminal defense attorney, but it is my understanding that the charge is still on your record. However, there is a process for seeking to have the charge expunged. I suggest that you consult with an attorney who has expertise in this area.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
