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Dover Criminal Defense Lawyers

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Everyone Deserves an Experienced Defense

At Schmittinger & Rodriguez we believe that everyone deserves the best possible defense, no matter what they have been charged with. We understand that facing criminal charges can be a daunting and stressful experience, and we are here to provide our clients with the guidance, support, and advocacy they need during this challenging time. A good criminal defense attorney can make all the difference for anyone accused of a crime.

With years of experience representing clients in a wide range of criminal cases in the Dover area, we have the knowledge, skills, and resources necessary to navigate the complex legal system of police and prosecutors, and witnesses so we can get justice for our client’s rights. We are committed to providing our clients with a personalized and aggressive defense strategy that is tailored to their unique needs and circumstances.

Whether you are facing DUI charges, drug offenses, domestic violence charges, or any other criminal charges, we are here to help you fight the criminal charges. We will work tirelessly to investigate your case, challenge the evidence against you, and advocate for the best possible outcome. We understand the impact that a criminal conviction can have on your life, and we will do everything in our power to protect your rights, freedom, and future. If you are facing criminal charges in Delaware, contact us today to schedule a free consultation and learn how we can help you.

What Are The Main Criminal Defense
Areas Of Practice?

The main practice areas for our criminal defense lawyers include, but are not limited to:

    1. DUI and traffic offenses: This includes cases where a person is charged with driving under the influence of drugs or alcohol, reckless driving, hit and run, and other traffic-related offenses.

    2. Drug offenses: This includes cases where a person is charged with drug possession, distribution, trafficking, or manufacturing.

    3. Domestic violence: This includes cases where a person is charged with assault, harassment, stalking, or other domestic violence-related offenses.

    4. White-collar crimes: This includes cases of fraud, embezzlement, and other financial crimes.

    5. Violent crimes: This includes cases of assault, battery, homicide, and other violent crimes.

    6. Juvenile offenses: This includes cases where a person under the age of 18 is charged with a criminal offense.

    7. Federal crimes: This includes cases where a person is charged with a federal offense, such as drug trafficking or white-collar crime, in federal court.

    8. Appeals: This includes cases where a person is appealing a criminal conviction or sentence.

Schmittinger & Rodriguez has criminal defense attorneys with decades of experience in Dover Delaware and throughout the state and has represented clients in a wide range of criminal cases, from minor misdemeanors to serious felony charges. The team of lawyers at our law offices will work to protect your legal rights.

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If you or someone you love has criminal charges, contact Schmittinger & Rodriguez today for a consultation. YOUR CASE. OUR PRIORITY.

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Most Common Questions

What Should I Do?
What Is The Difference?
How Are Cases Resolved?

What Should I Do If I Am Arrested Or Charged With A Crime?

If you or someone you know has been arrested or charged with a crime in Delaware, it is important to take immediate action to protect your legal rights. Only an experienced criminal attorney can provide the guidance and support you need during this difficult time.

Here are some important steps to take if you have been arrested or charged with a crime in Delaware:

    • Remain calm and do not resist arrest or argue with the police.

    • Do not speak to law enforcement officers or other officials without your attorney present.

    • Contact an experienced criminal defense attorney as soon as possible to discuss your case.

    • Do not sign any documents or make any statements until you have spoken to your attorney.

    • Provide your attorney with all the information you have about your case, including any evidence or witness statements.

    • Attend all court hearings and follow any instructions given by the court.

    • Avoid discussing your case with anyone other than your attorney, including friends and family members.

    • Stay informed about the progress of your case and ask your attorney any questions you may have.

The consequences of a criminal conviction can be severe, including jail time, fines, and a permanent criminal record. With the help of an experienced law firm and criminal lawyer, you can fight to protect your rights and your future. Contact us today to schedule a free consultation and learn more about your rights, and the process in state superior court or federal court.

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What Is The Difference Between A Misdemeanor And A Felony?

It is important to understand the differences between misdemeanors and felonies, as they can have significant implications for your clients. In Delaware, a misdemeanor is a criminal offense that is punishable by up to one year in jail and/or a fine of up to $2,300. Examples of misdemeanors in Delaware include disorderly conduct, driving under the influence (DUI), and simple assault.

Classifications of Misdemeanors in Delaware

Misdemeanors are further classified according to the seriousness of the crime. In Delaware, crimes can be Class A misdemeanors, Class B misdemeanors, or unclassified. The penalties for conviction vary, according to the category.

Class A Misdemeanor in Delaware

  • Class A misdemeanors are the most serious misdemeanors, punishable by fines of up to $2,300 and one year in jail. The court may also order payment of restitution.

Class B Misdemeanor in Delaware

  • Class B misdemeanor convictions are punishable by fines of up to $1,150, up to six months in jail, and possibly restitution.

Unclassified Misdemeanor in Delaware

  • These are minor misdemeanors, such as possession of a small amount of marijuana. The penalties may include fines of up to $575 and up to 30 days in jail.

A felony, on the other hand, is a more serious criminal offense that is punishable by a year or more in prison, and in some cases, even life imprisonment. Felonies in Delaware include offenses such as murder, rape, burglary, and drug trafficking. The potential penalties for a felony conviction can be severe, including lengthy prison sentences, fines, and a permanent criminal record.

Another important distinction between misdemeanors and felonies is the impact they can have on a person’s life. A misdemeanor conviction can result in a criminal record that may affect employment, housing, and other opportunities. However, a felony conviction can have even more serious consequences, such as the loss of certain rights, including the right to vote or own a firearm.

How Are Criminal Cases Resolved In Delaware?

Criminal cases in Delaware can be resolved through a number of methods, including plea bargains, dismissals, and trials.

Plea bargains are one of the most common ways in which criminal cases are resolved in Delaware. A plea bargain is a negotiated agreement between the prosecution and the defense in which the defendant agrees to plead guilty to a lesser charge or to accept a reduced sentence in exchange for a guilty plea. Plea bargains can be beneficial for both sides, as they can help to save time and resources and can result in a more predictable outcome for the defendant. Your criminal defense lawyers will advise you on whether the plea agreement is in your best interest.

Dismissals are another way in which criminal cases can be resolved in Delaware. A dismissal occurs when the charges against the defendant are dropped, usually because the prosecution determines that they do not have enough evidence to proceed with the case. Dismissals can occur at any stage of the criminal process, from the pre-trial stage to the trial itself. A good criminal defense attorney who is familiar with the facts and the law can argue for dismissal at any time.

Trials are the final way in which criminal cases can be resolved in Delaware. Trials involve a formal court proceeding in which the prosecution and defense present evidence and arguments to a judge or jury. The burden of proof in a criminal trial is on the prosecution, who must prove beyond a reasonable doubt that the defendant committed the crime in question. If the prosecution is unable to meet this burden of proof, the defendant will be acquitted and the case will be resolved in their favor.

Whether through plea bargaining, dismissals, or trials, it is essential to have attorneys by your side to defend you against prosecutors who will be working hard against you. By understanding the various ways in which criminal cases can be resolved, criminal defense attorneys can achieve the best possible outcome for you.

the benefits of

Hiring an Experienced Criminal Defense Attorney

Hiring criminal defense attorneys ensures that you have the right attorney with whom you can share confidential information about charges against you to determine what steps are in your best interest and will make for the best defense.

At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to be arrested or charged with a crime. Our team has decades of combined experience handling these sensitive matters offering clients peace of mind that they and their loved ones are legally protected as they move through the legal system.

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Criminal defense FAQs

Can I get my criminal record expunged in Delaware?

Yes, it is possible to get your criminal record expunged in Delaware, but the process can be complex. An experienced criminal defense lawyer can help guide you through the process.

What are the potential consequences of a DUI conviction in Delaware?

A DUI conviction in Delaware can result in fines, jail time, community service, license suspension, and mandatory alcohol treatment or education programs.

Do I need a lawyer if I am charged with a misdemeanor in Delaware?

Even if you are charged with a misdemeanor, it is still important to consult with a criminal defense lawyer. A lawyer can help you understand your legal options and potentially minimize the consequences of the charge.

What should I expect during a criminal trial in Delaware?

During a criminal trial, the prosecution will present evidence to try to prove the defendant's guilt beyond a reasonable doubt. The defense will present its own evidence and arguments to try to refute the prosecution's case. Ultimately, the judge or jury will decide the verdict.

What factors are considered in determining a criminal sentence in Delaware?

The severity of the crime, the defendant's criminal history, and any mitigating or aggravating circumstances may be considered in determining a criminal sentence in Delaware. A criminal defense lawyer can help advocate for a fair sentence based on these factors.

Attorney Advertising Materials: Schmittinger and Rodriguez is responsible for the content of this website. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each case is unique. Past results do not guarantee future outcomes.

Website Accessibility: Schmittinger and Rodriguez is committed to ensuring digital accessibility for people with disabilities We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

Dover

414 South State Street
Dover, DE 19901
(302) 674-0140

Middletown

651 N Broad Street, Suite 203
Middletown, DE 19709
(302) 378-1697

Rehoboth Beach

18489 Coastal Highway, 2nd Floor
Rehoboth Beach, DE 19971
(302) 227-1400

Attorney Advertising Materials: Schmittinger and Rodriguez is responsible for the content of this website. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each case is unique. Past results do not guarantee future outcomes.

Website Accessibility: Schmittinger and Rodriguez is committed to ensuring digital accessibility for people with disabilities We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

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