Best Criminal Defense Lawyers in Wilmington, DE

FAQs

• What is the non-emergency contact number for the local police station in Wilmington, Delaware?

  You may contact the Wilmington Police Department at 302-654-5151 for non-emergency cases.

• Where can I get a copy of police reports for incidents related to my case in Wilmington, Delaware?

  You may contact the Wilmington Police Department at 302-576-3607 to obtain a copy of the incident's police report.

• What are the misdemeanor offenses that criminal defense attorneys in Wilmington usually handle?

  There are different types of misdemeanor cases that criminal defense attorneys in Wilmington represent in court trials. Those are, but are not limited to, the following criminal acts:

  • Driving under the influence
  • Juvenile crimes - underage drinking/alcohol possession
  • Drug offenses
  • Speeding, reckless driving, failing to yield, and other traffic violations
  • Trespassing
  • Unruly behavior
  • Assault
  • Harassment
  • Attempting to elude arrest
  • Shoplifting
  • Theft
  • Vandalism

• What are the felony charges in Wilmington that criminal defense lawyers represent?

  In Wilmington, criminal defense attorneys handle a variety of felony charges, which are more serious than misdemeanors and can result in extended incarceration and forfeiture of civil liberties. The following is a selection of felony offenses that these lawyers typically manage:

  • Murder
  • Attempted murder
  • Reckless endangerment
  • Domestic violence
  • Drug-related offenses
  • Credit card fraud
  • Burglary and robbery
  • Charges related to weapons and firearms
  • Sexual offenses
  • White-collar crimes

• Can expungement help you when you are charged with a crime in Wilmington?

  Yes, it can. To remove any record of your arrest and deny detention for a criminal offense, you can obtain a court order to instruct the police to delete your arrest records. You are eligible for expungement if you were charged with a crime in Wilmington but not convicted or have successfully completed the Drug Diversion Program or Probation Before Judgment. Keep in mind that how your criminal charge is handled may have an impact on your capacity to get a future expungement.

• Who/what determines the issuance of pardons or sentence reductions to convicted criminals in Wilmington?

  The Board of Pardons and the governor of Delaware decide in granting pardons and commutations to incarcerated criminals in Wilmington. If a convicted individual's case has grounds for a pardon or commutation, his/her criminal defense attorney will assist him/her in completing an application that encompasses his/her whole criminal record. When the Board of Pardons has examined and approved the application, a hearing will be held to address the merits of the individual's case. Depending on the circumstances, the Board of Pardons may also order a psychiatric evaluation.

• How long will you get incarcerated if you committed a crime in Wilmington?

  It depends on the classification your crime falls under. The following are the crime classifications and jail terms in In Wilmington and throughout Delaware:

  • Class A felony - 15 years to life
  • Class B felony - two to 25 years
  • Class C felony - 15 years maximum
  • Class D felony - eight years maximum
  • Class E felony - five years maximum
  • Class F felony - three years maximum
  • Class G felony - two years maximum
  • Class A misdemeanor - one year maximum
  • Class B misdemeanor - six months maximum
  • Unclassified misdemeanor - 30 days maximum
  • Violations - $345 maximum fine

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.