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Blog Posts in 2010

  • Committing an Imaginary Crime

    Recently Shane Kiser was arrested and charges with, among other things, attempted rape in the first degree. The investigation alleges that Mr. Kiser was attempting to solicit sex with a young boy over the internet. The interesting thing is that the child didn’t exist. The circumstances alleged in the warrant involved in this case are essentially that Mr. Kiser was speaking to Delaware State Police ...
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  • Arguing Firearm Possession at the Delaware Supreme Court

    Yesterday I argued the case of State v. Eley at the Delaware Supreme Court . This appeal was the result of a trial that occurred early in 2009. The backstory of this case is essentially that Mr. Eley was residing in an apartment that he rented, and he allowed his girlfriend, cousin, and sister to reside there. His sister lawfully owned a firearm that she kept at the residence. Mr. Eley is ...
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  • Delaware Police Seizures

    A disturbing trend has emerged recently in Delaware of seizing cars and money at the time of a stop and possibly arrest. Police can and do seize these items even though there may not be a clear link between the items seized and the crime that is alleged to have occurred. Typically these seizures will occur concurrently with an arrest of someone selling drugs. While it is possible that the money or ...
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  • Delaware Robbery Really?

    Frequent readers of the newspaper in Delaware will notice a shocking amount of robberies at local stores. A robbery in the second degree per Delaware law is essentially a theft with the use or threat of force. So who is using force to rob all of these stores in Delaware? Well honestly, not many people. While a headline with the accompanying felony charge might make good news, it oftens blurs the ...
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  • Which Delaware lawyer that is right for me

    Many people find themselves in need of a lawyer for the first time and do not know who to turn to. Interestingly many people may find an attorney by the phone book, or word of mouth, or the internet, and hire the first attorney they meet. This is not a wise way to hire someone who may have a profound effect on their lives. While word of mouth is better then a blind call to a phone number located ...
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  • Delaware criminal charges and immigration consequences

    The Federal Government has recently cracked down on immigrants, legal and otherwise, who are convicted of a crime. The consequences of a conviction can lead to deportation and long term incarceration at a federal prison while awaiting results of an immigration hearing. Based on a recent United States Supreme Court decision, Padilla v. Kentucky , it is now essential that every non-citizen be ...
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  • Delaware DUI Civil Hearings

    Many people are not aware after an arrest in Delaware for driving under the influence that there are actually two proceedings that commence, the criminal, as well as a civil proceeding. While the criminal proceeding can result in fines, points on your license, and potentially jail time, the civil proceeding can only cost you your driving privileges. What Happens First? It begins when an arrest is ...
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  • Delaware Preliminary Hearings in the Court of Common Pleas

    People often ask what is the point of a preliminary hearing? Well, a preliminary hearing occurs after an arrest for a felony or a narcotic drug misdemeanor. These hearings typically occur between 3 and 10 days after the arrest in the court of common pleas. There are two main components of the preliminary hearing process, the main purpose is to ensure that there is probable cause to charge the ...
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