Delaware Criminal Defense Lawyer

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Criminal Defense Attorney in Delaware

Delaware is one of the most attractive states for those looking to incorporate their businesses. It is also attractive to shoppers as the state does not impose a sales tax. In addition, Delaware’s location close to the ocean also means that you can spend warm spring and summer days at the beach without having to drive too far. Those who already live in the state can get an affordable college education at a number of schools such as Delaware State University or the University of Delaware.

What Happens If You’re Contacted by the Police?

If you see sirens behind your vehicle, you are obligated to pull to the side of the road. While you are encouraged to be polite, you should say as little as possible that might be used by police to expand the scope of their investigation.

For instance, if you admit to having illegal drugs in your car, it may provide probable cause to search it. The same is true if you admit to having drugs in your coat pocket or backpack. As long as there is no obvious reason to search you or your belongings, you generally can’t be charged with a crime for failing to reveal the presence of contraband. Furthermore, you generally cannot be charged with a crime for otherwise failing to mention any potentially illegal activities you were engaged in prior to meeting with an officer.

If you are detained or taken into custody, you must be read your Miranda rights. These rights include the ability to remain silent and the ability to have an attorney present during questioning. Ideally, you will invoke those rights quickly as doing so will prevent any further questioning from taking place without a Delaware criminal defense attorney by your side.

Put our highly experienced team on your side

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Former DA

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney
& Former District Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

John W. Sellers
Linda Julin McNamara

Former Chief, DOJ Appeals

Local Counsel

Elizabeth Stepp
Elizabeth Stepp

Litigation Counsel

Aaron L. Wiley
Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (OIG)

Timothy E. Allen
Timothy E. Allen

Former Senior Special Agent

Chris Quick
Chris Quick

Former Special Agent (FBI & IRS-CI)

David M. Bentz
David M. Bentz

Former U.S. Secret Service Agent

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Now Is Always the Best Time to Hire an Attorney

Ideally, you will hire an attorney the moment that you know that you’re the target of a criminal investigation. Doing so may minimize the risk that you’ll say or do something that could undermine your chances of obtaining a favorable outcome in your case.

Your attorney will have access to just about everything that the state knows about your case. For example, if the prosecution has video footage taken at the crime scene, your advocate has the right to see that footage. It’s possible that the video will show that you weren’t present when a crime took place or that someone else close to you actually threw a punch or engaged in other actions attributed to you.

An attorney may also be able to obtain evidence on your behalf that might help clear your name. For instance, a witness may come forward to tell your advocate that another witness lied or that the prosecution is possibly hiding evidence that could help aid in your defense.

Reasons to Hire The Criminal Defense Firm

The attorneys at The Criminal Defense Firm are mostly former federal agents or former federal prosecutors. Therefore, you will have an advocate who understands how the government thinks as it goes through the legal process. This can be beneficial because it may be easier for your attorney to interpret what it means when the state makes a particular move.

For instance, if the state seeks to delay a hearing, it may mean that it needs to gather more time to determine whether it will pursue or dismiss the case against you. Understanding why the government may take certain actions may provide guidance as to the type of legal strategy that might be best in your case. Furthermore, it may make it easier for your legal team to set or manage your expectations as the legal process unfolds.

Another great reason to hire our firm is that we will not pass your case to a junior attorney or to a paralegal. This means that you’ll have someone who has a track record of success defending your reputation, ability to be a parent, or ability to run a business throughout the legal process.

The Types of Cases Our Firm Handles

Our firm will make an effort to help you no matter what type of charges you may face. Whether you are accused of drunk driving, drug possession, or larceny, there is a good chance one of our attorneys will be able to craft a defense against those accusations. We may also be able to help with cases involving bank fraud, tax evasion, or other types of financial crimes. Let’s take a closer look at some of the most common charges pursued by state authorities.

Assault and Battery

Assault occurs when you intentionally put someone in fear of imminent harm. Battery occurs when you intentionally make contact with someone without the victim’s permission in an effort to cause harm to that person.

Drunk driving

If you have a blood alcohol content (BAC) of higher than .08%, you are legally drunk. However, you can be charged with DUI regardless of what your BAC is if you show signs of impairment such as slurred speech or bloodshot eyes. You may also be subject to an automatic license suspension or other penalties if you fail to comply with the state’s implied consent laws. These laws stipulate that you’ll agree to a chemical test if asked to take one by a police officer.

Frequently Asked Questions

What happens during the initial consultation?


During the initial consultation, you’ll have an opportunity to talk more about your case as well as provide details about your personal and professional lives. These details may make it easier to select the right attorney for your case or to determine what type of legal strategy to use. However, you are free to say as much or as little as you’d like during this conversation. Anything that you say is likely protected by attorney-client confidentiality rules. Therefore, you don’t have to hold back out of fear that the government might use your words against you. It’s also worth noting that the consultation itself is free and does not come with an obligation to hire one of our attorneys.

What types of legal strategies might you use?


There are a number of legal strategies that might be used in your case. For instance, if you believe that you were the victim of an illegal search and seizure, we may move to have evidence suppressed. Generally speaking, anything that is found during an improper search is typically ruled inadmissible at trial. We may also cast doubt on any evidence that is introduced at trial in an effort to obtain a not guilty verdict from a jury. In a criminal case, the prosecution has the burden of proving that you committed a crime. If there is any reason for a juror to doubt that this is true, that person should vote to acquit.

Can I testify at my trial?


Yes, you have the right to testify in your own defense during your trial. However, it’s unclear whether your Delaware criminal defense attorney is going to agree with your decision to do so. Of course, your desire to speak overrides your attorney’s desire to shield you from being cross-examined by the prosecution. Generally speaking, you should only take the stand if there is reason to believe that doing so will make you a sympathetic figure in the eyes of the jury. It’s worth noting that you don’t have to testify at your trial if you don’t want to even if your attorney pushes for that to happen.

Contact Us Today for Legal Representation in Delaware

If you are in need of a Delaware criminal defense attorney, feel free to call our national intake number at 866-603-4540 or contact us online using our contact form.

Dallas 214-817-2053
Houston 713-454-7814
Detroit 313-634-0925
Baton Rouge 225-269-8749
New York 332-239-7345
Winter Park 407-890-0460
Miami 786-751-3247
Portland 207-222-7742
Nationwide 866-603-4540