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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: 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

1 Answer | Asked in Criminal Law for Delaware on
Q: Can the police search my hotel room without issuing a search warrent
David Holloway
David Holloway
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... View More

1 Answer | Asked in Criminal Law for Delaware on
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
David Holloway
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... View More

1 Answer | Asked in Criminal Law and Employment Law for Delaware on
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... View More

Paul Stanko
Paul Stanko
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.

2 Answers | Asked in Criminal Law and Personal Injury for Delaware on
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... View More

Peter N. Munsing
Peter N. Munsing
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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1 Answer | Asked in Criminal Law for Delaware on
Q: Can someone be indicted without ever being formally charged

My child was arrested for murder 1and was never arrested

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 3, 2015

You have a very confusing question here. Arrested and never arrested?

1 Answer | Asked in Criminal Law for Delaware on
Q: I'm a newly employed Delaware corrections officer. my husband is scheduled to be paroled from NJ. Will they release him
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

Perhaps, when it is time for him to be released.

1 Answer | Asked in Criminal Law for Delaware on
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
Robert Jason De Groot
answered on Sep 12, 2015

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.

1 Answer | Asked in Criminal Law for Delaware on
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

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 5, 2015

Look here, this might help: http://www.americanbar.org/content/dam/aba/migrated/cpr/model-def/model_def_statutes.authcheckdam.pdf

1 Answer | Asked in Criminal Law for Delaware on
Q: Are there criminal penalties in DE for UPL and if so where are they codified?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 4, 2015

Probably, and in the statutes or code. http://delcode.delaware.gov/

1 Answer | Asked in Criminal Law for Delaware on
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

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 26, 2015

Go see a local criminal defense attorney with all relevant paperwork in hand.

1 Answer | Asked in Criminal Law for Delaware on
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

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 24, 2015

Be sure to give enough information and details, facts, when you post a question. This does not make sense to me.

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