Archived
What should I say in court after being charged with underage possession/consumption of alcohol in delaware?
Michael's answer
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Answered on August 27, 2012
There are a number of facts I need to know in order to answer your question with some degree of precision. In general, the charge of underage...
Archived
How long can a jail hold an inmate for ice after the court release him on probation
Michael's answer
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Answered on August 23, 2012
This issue is governed by federal law. I am not sure that there is a specific time limit for the government to proceed against someone, as an...
Archived
Can I still do something even my attorney send me a letter that my case is close because GC insurance declined coverage ?
Michael's answer
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Answered on August 21, 2012
If the case was dismissed against the homeowner, then i assume there was a finding that he was not liable for the damages caused to you. If the...
Archived
In a Felony DUI case can a lawyer request a preliminary examination to dispute blood results? Or is this all done in trial?
Michael's answer
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Answered on August 21, 2012
A preliminary hearing is to determine if there is probably cause to support the arrest. It generally is not the forum for determining the...
Can Blue Cross of Anthem Suborgate against me if I paid my medical premiums thru CONEXIS on a medical leave due to auto accident
Michael's answer
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Answered on August 21, 2012
The answer lies in the contractual documents pertaining to the applicable policy. I would obtain all applicable policies from Conexis and BC/BS of...
Archived
What is the process in filing a "Petition for return of property" I was pulled over and the police took $2,000.00.
Michael's answer
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Answered on August 20, 2012
You have to file a Petition for Return of Property with the Superior Court Prothonotary. There is a form online that you can print out. Go to the...
Archived
If a person on house arrest lives in your home, do police have a right to search whenever they want, cause their on the box
Michael's answer
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Answered on August 19, 2012
More facts are needed to give a precise answer. If this was a routine home visit or curfew check, probationer should not have been put in...
Archived
At Habitual Offender Hearing before Trial Court questions defendant on prior Felonies are they required to inform you of rights
Michael's answer
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Answered on August 15, 2012
In a habitual offender proceeding, the state has the burden to establish that a defendant is eligible to be declared a habitual offender pursuant...
Archived
Charged with "driving by person under the age of 21 after consumption of alcohol" is it a good idea to plead reckless?
Michael's answer
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Answered on August 14, 2012
It is advantageous to plead to the reduced charge of Reckless Driving (Alcohol Related). That would expose you to a fine of $100-$300, 6 points,...
Can a police officer make you take a breathalizer test based on them saying they smell alcohol?
Michael's answer
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Answered on August 13, 2012
In Delaware, the police must have probable cause to believe that you are under the influence of alcohol before administering the breath test. The...
