Criminal Defense Lawyers in Wilmington, DE

Protecting Your Future With a Strong Legal Defense

When you’re accused of a crime, your reputation and freedom are on the line. And facing the full weight of the Delaware criminal justice system can be overwhelming. Fighting your charges requires an in-depth understanding of the legal frameworks in place in criminal law and a great deal of personal resilience. Whether you’ve been arrested for a misdemeanor or are under investigation for a serious crime, understanding your rights and having experienced legal representation are key.

If you’ve been charged with a crime, call Schwartz & Schwartz, Attorneys at Law, P.A. Our experienced Wilmington criminal defense lawyers can help you understand the charges against you and act quickly in your defense, whether that means helping you get out on bail or fighting for your right to a speedy trial. Our attorneys believe that everyone is entitled to a strong criminal defense, and we’re here to make sure that happens for our clients.

What Services Do Criminal Defense Attorneys Offer?

Criminal defense attorneys help those who are facing criminal charges, which could range from minor misdemeanors to serious felonies. What help an attorney can offer depends somewhat on how early in the process you hire them, which is why it’s important to talk to a lawyer as soon as possible once you’re aware you’re under investigation or arrest.

An attorney can be present with you when you’re being questioned by police, even before criminal charges have been formally brought against you. This ensures that the investigators are following proper procedures and not infringing on your rights and that you don’t inadvertently say something that could harm your case later on.

If you’ve already been arrested, the only thing you should say to officers is that you want to speak with an attorney. Your lawyer will find out what the charges are against you and what preliminary evidence the prosecution has against you. This can help you decide on an immediate legal strategy and inform you of what options you have moving forward.

If you are eligible for bail or to be released on your own recognizance, your lawyer can argue for your release. They will also be present with you at your arraignment, which is where you tell the courts whether you will be pleading guilty or not guilty.

As the case progresses, your attorney will either start preparing for trial or attempt to negotiate a plea deal with the prosecution. If the case proceeds to trial, a criminal defense lawyer acts as your representative in court, presenting your defense, cross-examining the prosecution’s witnesses, and showing why you should not be found guilty. In the event of a conviction, an attorney may be able to help you appeal the verdict.

What Rights Do I Have When I’m Under Arrest?

Every criminal defendant in the United States has certain rights according to the U.S. Constitution. Knowing what your rights are and how to exercise them can give you the best chance of successfully fighting criminal charges. When you are detained by police or being arrested, you will be read your Miranda rights. This includes the right to:

• Remain silent during police questioning without it being considered a sign of guilt
• Have an attorney present

Officers must inform you of these rights and make it clear that anything you say can be used against you in court.

You also have certain rights during the trial, including the right to:

• Adequate legal representation from a criminal defense attorney, even if you can’t afford a private lawyer
• A speedy trial
• A public trial decided by a jury of your peers
• Confront your accuser and witnesses
• Be found innocent unless the prosecution proves guilt beyond a reasonable doubt

While it’s important to be aware of all of your rights, the most critical part of all of this is your right to an attorney. Having a lawyer representing you means that they can make sure all of your other rights are being protected and that the legal system is working as it should.

What Is the Difference Between a Felony and a Misdemeanor?

When you are charged with a crime, it is classified as either a misdemeanor or a felony. Misdemeanors are less serious than felonies, and they carry shorter, less severe sentences. In general, misdemeanors carry a maximum sentence of up to 1 year in jail, while being convicted of a Class A felony could result in life in prison.

Misdemeanors

Misdemeanor crimes are separated into two categories.

Class A

Maximum sentence: Up to 1 year in jail and a fine of up to $2,300
Examples: Drug crimes, violation of a domestic violence protection order, petty theft

Class B

Maximum sentence: Up to 6 months in jail and a fine of up to $1,150
Examples: Certain traffic offenses, such as driving without a license, prostitution, trespassing
The criminal justice system in Delaware also has unclassified misdemeanors, which are the least serious and generally carry a sentence of up to 30 days in jail and a fine of up to $575.

Felonies

Felony charges are serious crimes, and they carry hefty penalties if you’re convicted. Delaware breaks down felony charges into the following categories.

Class A

Maximum sentence: Up to life in prison
Examples: Murder and some sex crimes such as rape

Class B

Maximum sentence: Up to 25 years in prison
Examples: Manslaughter, theft of assets valued over $100,000, first-degree assault

Class C

Maximum sentence: Up to 15 years in prison
Examples: Arson, vehicular homicide, second-degree assault

Class D

Maximum sentence: Up to 8 years in prison
Examples: Second-degree burglary, identity theft, money laundering

Class E

Maximum sentence: Up to 5 years in prison
Examples: Witness tampering, extortion, property theft valued between $50,000 and $100,000

Class F

Maximum sentence: Up to 3 years in prison
Examples: Stalking, animal cruelty, terroristic threats

Class G

Maximum sentence: Up to 2 years in prison
Examples: Unlawful imprisonment, evidence tampering, second-degree child abuse
The first step in determining your defense strategy is to fully understand the charges against you and what the potential penalties may be. If you’re not sure what your charges are or what they could mean for your future, contact a criminal defense attorney as soon as possible.

Is a Plea Deal Something I Should Consider?

Plea deals are commonly used in criminal cases to keep a serious criminal offense off the defendant’s record and to avoid a lengthy sentence. Your lawyer may recommend trying to negotiate a plea deal if the case against you is strong or you have previous convictions that could make the potential sentence more serious. In some cases, a plea deal can also help you avoid the time, expense, and emotional challenges that come with a trial.

However, defendants should talk with their attorneys extensively before taking a plea deal to ensure they are making informed decisions. When you accept a plea deal, you are generally agreeing that you are guilty of some crime — even if it’s a lesser one than you were initially charged with — and this means you will have a conviction on your criminal record. Even when taking a plea deal, you could potentially still be facing time in prison or years of probation.

Can a Criminal Defense Lawyer Help Me If I’m Innocent?

It’s a common misconception that you only need a criminal defense attorney if you’re guilty. Many people believe that the criminal justice system will prevail if they are innocent, and they only need to tell the truth and be honest about what happened for a jury to find them innocent. But the truth is that there are hundreds of innocent people behind bars today. While the U.S. criminal justice system has many checks and balances to try to prevent this, it’s not perfect. And you absolutely need an attorney if you are charged with a crime, whether you are innocent or not.

At Schwartz & Schwartz, Attorneys at Law, P.A., we focus on ensuring that each of our clients gets the strongest defense possible. We’re not here to judge you or criticize your choices. We put our extensive legal knowledge and years of experience to work for you to help you fight criminal charges and get back to your family and your life as soon as possible. If you need a trial lawyer or have questions about your case, call our Wilmington office at 302-654-4930 to schedule an appointment with a criminal defense lawyer today.