Delaware Drug Crime Lawyers
Charged With a Drug Crime in Delaware? Get an Experienced Defense Team
Drug charges in Delaware can carry severe penalties, from steep fines and court costs to lengthy prison sentences and a lasting criminal record. If you have been arrested or are under investigation for drug offenses, you need a drug crime lawyer in Delaware who understands Delaware drug laws and the criminal justice system — and who can move quickly to protect your rights and future.
At Schmittinger & Rodriguez, our criminal defense attorneys handle all types of Delaware drug charges, from simple possession of controlled substances and drug paraphernalia to more serious drug offenses such as trafficking, distribution, cultivation, and manufacture. We represent first-time offenders, repeat offenders, and clients facing both state and federal drug cases. Our goal is always the same: to fight for the best possible outcome for each person who places their trust in us.
CONTACT US
Types of Drug Cases We Handle
Our Delaware defense team represents clients in a wide range of drug cases, including:
Drug possession charges — Simple possession and aggravated possession of illegal drugs and prescription drugs without a valid prescription, including cocaine, heroin, methamphetamine, marijuana, and other controlled substances
Drug trafficking and drug dealing — Possessing with intent to deliver, distribution offenses, and drug trafficking cases that may carry felony charges and significant prison exposure
Federal drug charges — Serious charges involving larger quantities, interstate activity, or other aggravating factors that trigger federal jurisdiction
Marijuana possession and paraphernalia — Civil penalties for possession of small amounts of marijuana, as well as misdemeanor charges for possession of drug paraphernalia
Prescription drug fraud and illegal possession of prescription drugs — Allegations involving forged prescriptions, doctor shopping, or unlawful possession of scheduled medications
Drug-related conspiracy and asset forfeiture — Conspiracy charges, seizure of cash and property allegedly connected to drug offenses, and efforts to recover wrongfully seized assets
Probation violations involving drugs — Alleged violations of probation conditions tied to drug use or possession
In every case, we review the specific charges — whether misdemeanor or felony — and explain what they mean, what penalties may apply, and what defenses or diversion options may be available.
What Our Clients Say
How We Fight Delaware Drug Charges
There is no single way to defend a drug case. An effective defense depends on the facts, the evidence, and the client’s goals. Our drug crimes lawyers use a range of strategies to fight drug charges and protect our clients:
Challenging searches and seizures: Many drug cases begin with a traffic stop, home search, or search of a vehicle or person. We carefully examine whether police had valid probable cause or a lawful search warrant, and we challenge any illegal search or seizure. If the court finds that your rights were violated, key evidence can be suppressed — which may lead to dismissal of charges.
Disputing the amount or type of drugs involved: Delaware drug statutes categorize quantities into tiers and classify offenses based on type and amount. Proving possession of a Tier 1 quantity or higher can turn a case into a felony with severe penalties. We scrutinize lab results, chain of custody, and how the drugs were weighed and classified.
Questioning intent and knowledge: Drug dealing and trafficking charges often hinge on whether prosecutors can prove intent to distribute or knowledge of illegal drugs in a home or vehicle. We challenge assumptions about intent, access, and control — especially in shared spaces or vehicles.
Exploring diversion and treatment options: First-time offenders may qualify for Delaware’s Drug Diversion Program, which allows successful participants to complete treatment and avoid incarceration and a permanent conviction on their record. We evaluate eligibility and help clients take advantage of diversion where appropriate.
Negotiating plea agreements: Because plea deals resolve the vast majority of criminal cases, negotiating for reduced charges or probation can be a practical path in some situations. Our attorneys use thorough preparation and knowledge of the Delaware Criminal Code to seek plea agreements that minimize long-term consequences.
Taking drug cases to trial: When negotiations fail or the evidence is weak, we are fully prepared to present a strong defense. A tailored defense strategy, credible cross‑examination, and a clear challenge to the prosecution’s case are critical when your freedom is on the line.
Penalties for Drug Offenses in Delaware
Delaware drug statutes carry strict penalties that increase with the seriousness of the offense and the quantity of drugs involved. Drug charges can be classified as misdemeanors or felonies, and penalties may include:
Fines and court costs: From civil penalties for possession of under one ounce of marijuana (a $100 civil fine) to thousands of dollars in fines for felony offenses.
Jail time and prison: Class D offenses such as paraphernalia possession can carry up to one year in jail, while higher‑tier offenses and drug dealing can lead to multi‑year prison sentences and, in some Class A cases, decades of incarceration.
Probation and conditions: Even when prison is avoided, probation terms can be strict and lengthy, with violations leading to additional penalties.
Collateral consequences: A drug conviction can affect employment, housing, education, and licensing. Protecting your record is often just as important as avoiding jail time.
Certain aggravating factors — such as drug dealing near a school zone or involving minors — can elevate charges and increase penalties. We make sure our clients understand exactly what is at stake early in the case.
Why Choose a Drug Crime Lawyer in Delaware?
Drug crimes are serious charges. Experience and local knowledge matter:
A strong defense often begins with how evidence was obtained and whether your constitutional rights were respected.
Our attorneys are familiar with Delaware drug laws, the Delaware Criminal Code, and local court practices across Kent County and beyond.
We communicate clearly about charges, potential defenses, and realistic outcomes, so you know where you stand at every stage.
We offer confidential consultations, and you should never discuss case details with police or prosecutors without legal representation.
Our past success defending clients against state and federal drug offenses is grounded in preparation, advocacy, and a commitment to pursuing the best possible outcome in every matter.
Contact Our Delaware Drug Crime Defense Team
If you or someone you love is facing drug charges anywhere in Delaware, do not wait to get legal assistance. Early involvement from an experienced drug crime lawyer can make a meaningful difference in protecting your rights, your record, and your future. Our attorneys represent clients statewide — from Kent County to New Castle and Sussex Counties — and offer confidential consultations.
YOUR CASE. OUR PRIORITY.
📍 Dover Office
414 South State Street, Dover, DE 19901
📍 Middletown Office
651 N. Broad Street, Suite 203, Middletown, DE 19709
📍 Rehoboth Beach Office
18489 Coastal Highway, 2nd Floor, Rehoboth Beach, DE 19971
Confidential consultations available at all locations.