Delaware Criminal Law Questions & Answers
Q: Can the police search my hotel room without issuing a search warrent
David Holloway's answer
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...
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...
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's answer
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...
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...
Q: Should I surrender myself before getting fingerprinted for my new job?
Paul Stanko's answer
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.
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?
Peter Munsing's answer
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.
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
Robert Jason De Groot's answer
You have a very confusing question here. Arrested and never arrested?
You have a very confusing question here. Arrested and never arrested?
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's answer
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.
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?
Robert Jason De Groot's answer
Look here, this might help: http://www.americanbar.org/content/dam/aba/migrated/cpr/model-def/model_def_statutes.authcheckdam.pdf
Look here, this might help: http://www.americanbar.org/content/dam/aba/migrated/cpr/model-def/model_def_statutes.authcheckdam.pdf
Q: My brother's case was Nolle pasque on 04/2014 he was sentenced to 12 yrs with a private attorney please help...
Robert Jason De Groot's answer
Go see a local criminal defense attorney with all relevant paperwork in hand.
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
Robert Jason De Groot's answer
Be sure to give enough information and details, facts, when you post a question. This does not make sense to me.
Be sure to give enough information and details, facts, when you post a question. This does not make sense to me.
Q: A person gave me a cat because they couldn't keep it. Then started harassing us for it back. What can be done?
1 Answer
| Asked
in
Animal / Dog Law, Communications Law and Criminal Law
for
Delaware
on
Answered on Aug 21, 2015
Answered on Aug 21, 2015
Robert Jason De Groot's answer
So, what will happen if you give the cat back and stay completely away from the people?
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
Robert Jason De Groot's answer
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.
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
Michael L. Sensor Esq.'s answer
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 contact a criminal defense attorney such as myself to discuss this issue.
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 contact a criminal defense attorney such as myself to discuss this issue.
Q: State of DE pressed charges against my husband for offensive touching and my sister and I don't want to press charges
Michael L. Sensor Esq.'s answer
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 your husband to go to court, and you are contacted by the prosecutor, you should make it clear that you do not wish the case to continue.
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 your husband to go to court, and you are contacted by the prosecutor, you should make it clear that you do not wish the case to continue.
Q: Do criminal lawyers take on criminal cases against the state of Delaware on a contingency basis?
Charles Snyderman's answer
No. In fact, a Delaware lawyer who does this would be subject to being disciplined.
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
Charles Snyderman's answer
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.
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
Charles Snyderman's answer
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.
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.
Q: What is the maximum penalty for disobeying a police officer's command while operating a vehicle
Charles Snyderman's answer
it's a class G Felony. The minimum penalty is $575.Maximum is incarceration for up to 2 years.
it's a class G Felony. The minimum penalty is $575.Maximum is incarceration for up to 2 years.
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