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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?

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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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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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....
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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.

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