Delaware Criminal Defense Lawyers
Experienced Defense When Your Rights and Future Are at Risk
If you have been arrested or charged with a crime in Delaware, do not speak to the police without an attorney present. A criminal defense attorney helps protect your constitutional rights, challenge the prosecution’s case, and guide you through the Delaware criminal justice system.
At Schmittinger & Rodriguez, we believe that everyone deserves the strongest possible defense, no matter what they have been charged with. We understand that facing criminal charges can be a stressful and uncertain experience, and we are here to provide clear guidance, practical advice, and legal representation at every stage.
Serving Delaware since 1961, our law firm brings A Tradition of Legal Excellence, combining local experience, courtroom knowledge, and personalized attention for every client.
📞 Call (302) 674-0140 to speak with a Delaware criminal defense attorney today.
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Criminal Defense Representation Across Delaware
With decades of experience representing clients in a wide range of criminal cases in Dover and throughout Delaware, our attorneys have the knowledge, skills, and resources necessary to navigate the legal system involving police, prosecutors, judges, and witnesses.
We are committed to providing a personalized defense strategy tailored to your specific circumstances. Whether your case is in Kent County, Sussex County, or New Castle County, local experience matters.
Our role as Delaware criminal defense attorneys includes:
Protecting your constitutional rights from the moment of arrest
Reviewing whether law enforcement acted legally
Challenging evidence, witness statements, and procedures
Representing you in Superior Court and Court of Common Pleas
Negotiating with prosecutors when appropriate
Preparing your case for trial when necessary
Our Criminal Defense Practice Areas
The main practice areas for our Delaware criminal defense lawyers include:
DUI and traffic offenses – DUI, reckless driving, hit and run, traffic tickets, and serious traffic violations
Drug crimes – possession, distribution, trafficking, and manufacturing
Domestic violence – assault, harassment, and related charges
White-collar crimes – fraud, embezzlement, and financial offenses
Violent crimes – assault, robbery, sex crimes, and homicide-related charges
Juvenile offenses – cases involving individuals under 18
Federal crimes – including drug trafficking and financial crimes in federal court
Appeals and post-conviction matters
Our attorneys handle a range of criminal cases, from misdemeanors to serious felony charges, always focused on protecting your rights and working toward the best possible outcome.
What Our Clients Say
Most Common Questions
What Should You Do If You Are Arrested or Charged With a Crime?
If you or someone you know has been arrested or charged with a crime in Delaware, taking the right steps early can protect your case.
Important steps to follow:
Remain calm and do not resist arrest
Do not speak to law enforcement officers without your attorney present
Do not sign any documents or make statements without legal counsel
Contact an experienced criminal defense lawyer immediately
Provide your attorney with all relevant information and evidence
Attend all court hearings and follow court instructions
Avoid discussing your case with others
The consequences of a criminal conviction can include jail time, fines, and a permanent criminal record. Early legal representation can help reduce risk and improve your position.
Misdemeanor vs. Felony in Delaware
Understanding how your charge is classified is critical.
Misdemeanors
In Delaware, a misdemeanor is a criminal offense punishable by:
Up to one year in jail
Fines up to $2,300
Possible restitution
Misdemeanors are classified as:
Class A misdemeanors – most serious, up to 1 year in jail
Class B misdemeanors – up to 6 months in jail
Unclassified misdemeanors – minor offenses with lighter penalties
Felonies
A felony is a more serious criminal offense that may result in:
One year or more in prison
Significant fines
Long-term consequences, including loss of certain rights
Felony charges in Delaware are classified from Class A (most serious) to Class G, with Class A felonies potentially resulting in life imprisonment.
Even a misdemeanor conviction can impact employment and housing. Felony convictions carry significantly greater long-term consequences.
How Are Criminal Cases Resolved in Delaware?
Criminal cases in Delaware are typically resolved in one of three ways:
Plea Bargains: A negotiated agreement where a defendant may plead guilty to a lesser charge or receive a reduced sentence. Approximately 90% of criminal cases are resolved this way.
Dismissals: Charges may be dropped if the prosecution lacks sufficient evidence or legal issues arise in the case.
Trials: A formal court proceeding where the prosecution must prove guilt beyond a reasonable doubt before a judge or jury.
A criminal defense attorney will evaluate each option and advise you on what is in your best interest based on the facts of your case.
Can You Get a Criminal Record Expunged in Delaware?
Yes, in some cases, it is possible to have a criminal record expunged in Delaware. However, eligibility depends on:
The type of offense
Whether the case resulted in a conviction
Your prior criminal history
Waiting periods under Delaware criminal law
The process can be complex, but expungement can remove a record from background checks under certain conditions.
The Role of a Criminal Defense Attorney in Delaware
A Delaware criminal defense attorney represents clients throughout the entire legal process, including:
Investigating the case and reviewing evidence such as witness statements and forensic reports
Identifying weaknesses in the prosecution’s case
Representing clients at hearings, including bail and arraignment
Cross-examining witnesses at trial
Advocating for reduced charges or lighter sentencing where possible
Defendants in Delaware have important constitutional rights, including:
The right to remain silent
The right to legal representation
The right to challenge evidence
The right to a jury trial
Protecting these rights is central to building a strong defense.
Why Hiring an Experienced Criminal Defense Attorney Matters
Hiring an experienced criminal defense attorney ensures that you have someone protecting your interests at every stage.
At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to be arrested or charged with a crime. Our Delaware attorneys provide:
Personalized attention and direct communication
Clear explanations of the legal process
Local Delaware court experience
Strategic defense planning based on real case experience
Our goal is to help you make informed decisions and protect your future.
Frequently Asked Questions
Yes. Even misdemeanor charges can carry serious consequences. A lawyer can help reduce penalties or avoid a conviction.
Penalties may include fines, jail time, license suspension, and mandatory programs.
The prosecution presents evidence to prove guilt beyond a reasonable doubt. The defense challenges the evidence and presents its own case.
The severity of the offense, criminal history, and mitigating or aggravating circumstances all play a role.
Get Started With a Delaware Criminal Defense Attorney
If you or someone you love is facing criminal charges, getting legal guidance early can make a meaningful difference.
Schmittinger & Rodriguez has decades of experience representing clients across Delaware, with offices in Dover, Middletown, and Rehoboth Beach.
Call (302) 674-0140 or request a consultation online today.
We’ll help you understand your options and what steps make sense next.