Criminal Defense Lawyers in Delaware

Helping You Understand Your Rights and Responsibilities as a Defendant

The criminal justice system is designed to keep people from committing crimes by providing penalties if they do and to protect the rights of those accused. However, legal matters are rarely this simple. Innocent people are charged with crimes all of the time, and defendants who don’t have legal representation are at a serious disadvantage in court. When you’ve been charged with a crime, being aware of and exercising your rights is one of the most important things you can do — and this starts with hiring an experienced criminal defense lawyer.

If you’re facing criminal accusations in Delaware, the defense attorneys at Schwartz & Schwartz, Attorneys at Law, P.A., are here to help. We know how the local judges, prosecutors, and investigative teams operate, and we have the experience necessary to help you win your case. We are honest and transparent with our clients when evaluating their cases, and we will present all of your options so you can understand what you’re up against and what you can do about it.

Contact us to schedule an initial consultation today.

When Do I Need a Criminal Defense Lawyer?

Many people wait until they are charged with a crime or even are facing trial to hire a criminal defense lawyer, but in reality, you should be seeking representation as soon as you’re aware that you’re under investigation for a criminal offense. You have the absolute right to have an attorney present with you during police questioning, and you should exercise this right. Investigators are not your friends, and they are not on your side — no matter how much they may try to convince you. The truth is that they are allowed to lie to you about what evidence they have or otherwise misrepresent facts in an attempt to get you to confess. Having an attorney with you from the very beginning ensures your rights are protected and that you have legal counsel who can advise you when to stop answering questions.

If you’ve already been arrested and charged, it’s not too late. Hiring an attorney at this step in the process can still increase your chances of success when fighting the charges. An attorney can gather evidence to support a not guilty verdict and call witnesses to testify on your behalf. If the circumstances of the case against you call for it, they can also attempt to work out a deal with the prosecution to potentially reduce the charge against you or get you a lighter sentence.

What Rights Should I Be Aware of When Charged With a Crime?

When you are being accused of a crime, you need to be aware of your Miranda rights and your Constitutional rights. Before you are questioned by investigators, you should be given a Miranda warning. This serves to inform you of your Miranda rights, which are that you have the right to remain silent and refuse to answer questions and that you have the right to have an attorney present during any questioning. If you cannot afford an attorney of your own, a public defender will be provided for you. The Miranda warning also explains that anything you say to investigators can and will be used as part of the case against you later on. However, refusing to answer questions cannot be held against you legally, and it cannot be used to insinuate guilt.

Your Constitutional rights as a defendant are many, and it’s best to discuss these with your attorney so you’re aware of them and what impact they can have on your case. However, some of the most important include:

• The right to adequate legal representation. This means that you are legally entitled to a defense attorney, whether you can afford one on your own or not, and that they have to actually provide an adequate defense. However, the quality of that defense varies greatly by attorney, which is why it’s important to hire an experienced criminal defense lawyer if at all possible.
• The right to a speedy trial. Defendants have the right to due process, which includes not having to wait months or years for a trial to take place. However, it’s common for the judge to ask the defendant to waive this right. This should only be done under the strict counsel of an attorney, as this could mean that you’re in custody awaiting trial for months even though you haven’t yet been found guilty.
• The right to a public trial decided by an impartial jury of your peers. Criminal defense cases are decided in the criminal courts, and you have the right to have your case heard by 12 impartial jury members. You may also waive this right and request a bench trial, which happens in front of a judge only.
• The right to confront your accuser. While criminal charges are brought by the prosecution and don’t usually require a complainant, you still have the right to know who has accused you of the crime and to confront any witnesses who are testifying against you.

Protecting the defendant’s rights is an important part of the criminal law process, and it’s something we take very seriously at Schwartz & Schwartz, Attorneys at Law, P.A. We can answer your questions and help you determine if your rights have been infringed upon and what you can do about it if so.

Are Criminal Charges Serious?

All criminal charges are serious, but it’s true that some are more serious than others. Felony charges are considered the most serious, and these are further classified into groups ranging from Class A (the most serious) and Class G (the least serious). Class A felonies are reserved for the worst violent crimes, such as murder or first-degree rape, and it’s possible to be sentenced to life in prison if you’re convicted. Even minor felonies can mean years spent behind bars, with Class G felonies carrying a maximum sentence of up to 2 years in prison. Other examples of felony charges include child abuse, sex crimes, and serious traffic offenses, such as a seventh or subsequent DUI charge.

While misdemeanors are considered more minor than felonies, a conviction can still mean up to one year spent in jail. Misdemeanors are also separated by severity. As with felonies, Class A is the most serious, followed by Class B. There are also some unclassified misdemeanors, which are the least serious and may not even result in jail time. Some examples of misdemeanor crimes include failing to adhere to a domestic violence protective order, minor theft charges, and trespassing.

Even if you are charged with “only” a misdemeanor, it’s still important to have experienced legal representation. Being sent to jail for several months — and potentially being on probation for even longer — can cause serious disruption in your career and relationships. In many cases, those charged with minor misdemeanors may be able to avoid jail time altogether with the help of an experienced attorney.

Can a Criminal Defense Attorney Help Me Get My Record Expunged?

If you were previously convicted of a crime, it may be possible to have your record expunged. When a conviction is expunged from your record, it is as if it no longer exists. It won’t show up in background checks, and you don’t have to tell employers or anyone else about the conviction. In Delaware, there are two types of expungement for adult cases: mandatory expungements and discretionary expungement.

As the name suggests, a mandatory expungement means that the courts must expunge the violation at the person’s request. However, there are certain qualifications that must be met. An arrest or charge can be expunged if the case was “terminated in the person’s favor,” which means the person was found not guilty or the charge was dropped. If the person was actually convicted, they can request the record be expunged as long as it was a violation or misdemeanor and either three or five years have passed, depending on the type of charge. The person must also not have had any subsequent convictions. There are also certain crimes that can’t be expunged mandatorily, such as menacing, third-degree assault, and coercion.

If you don’t qualify for a mandatory expungement, a discretionary expungement may be an option. A discretionary expungement means that it is up to the court to decide whether an expungement is appropriate. Having an attorney represent you can be beneficial, as they are able to make a legal argument for the expungement and show evidence to the court as to why the conviction should be removed from your record.

Contact Schwartz & Schwartz, Attorneys at Law, P.A., to get help with your criminal defense case.