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

Experienced Lawyers

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.

our reviews

What Our Clients Say

    
 
 
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    Avelardo Dominguez 
 
 
 
  Correo
  
 
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    Julia M Pillsbury 
 
 
 
  Great firm with a good variety of attorney specialists.
  
 
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    Chris Chris 
 
 
 
  Very happy with my experience with Scmittinger & Rodriguez. Mr. Fletcher and Joy made the process feel effortless. They were very professional as well as friendly. Would definitely recommend them.
  
 
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    Kevin Smith 
 
 
 
  Dianna Stuart, from the law firm of Schmittinger and Rodriguez provided legal representation for me in November 2024.  She did not disappoint.   I was concerned about many things when I initially spoke with her.  I was anxious and very worried about my situation because my job was in jeopardy.  When I talked to her, I could see that she was very knowledgeable. While she didn’t tell me what I wanted to hear so that I would feel better about my situation, she did explain to me the good, the bad and the ugly of my case.  Nonetheless; the confidence in her demeanor let me know that she was going to fight for me.  It sustained me through my court date.  I knew that she was the one to represent me leading up to my case hearing.  She would stay in contact and answer any questions that I may have had.  On February 25, 2025, I left the court house elated of the outcome of my case.  I will highly recommend Dianna to all of my friends and family who may need a good attorney.  Thank you Dianna
  
 
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    Pam Tijerino 
 
 
 
  I want to thank my lawyer Mr. Schmittinger for all the hard he and his paralegal did to win case. I appreciate him for his excellence and performance as a great lawyer and gets the job done well. If you need help in your work comp situation he is the one to get it done. I'm deeply grateful for him. Thank you so much.
  
 
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    Busra Kangal 
 
 
 
  I had the pleasure of working with this law firm on two separate occasions, and I couldn’t be more impressed with their professionalism, dedication, and the outstanding service they provided. My first experience was after a car accident in 2019, and then again after another accident in 2020. Both times, the team went above and beyond to ensure I received the best possible representation and compensation. In particular, Mr. Junge, the attorney I worked with, was outstanding. From our initial consultation, he made me feel at ease by taking the time to thoroughly explain the legal process, answer all my questions, discuss the details regarding the accident. His expertise and attention to detail were evident every step of the way, and I always felt confident that my case was in capable hands. Additionally, Chantel Smith, the paralegal, was absolutely amazing. She was incredibly organized, efficient, and always had a positive attitude. She made sure that all the paperwork and documentation were in order and kept everything on track throughout both cases. Whenever I had a question or needed assistance, Chantel was quick to respond and offered clear, helpful guidance. Her professionalism and support were invaluable in navigating this process. Thanks to their hard work and expertise, both of my cases were handled smoothly and successfully, and I am incredibly grateful for their help. I would highly recommend this law firm to anyone in need of personal injury representation. Mr. Junge and Chantel are truly a dream team, and I’m so thankful for their dedication to achieving the best outcome for me.
  
 
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    Elizabeth Evans 
 
 
 
  Mrs. Stuart really went above and beyond to represent a family member of mine. Communication was excellent and fees were reasonable. Representation was professional and effective. Definitely recommend for services. Thank you!
  
 
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    Samantha Boesenberg 
 
 
 
  Extremely professional and always kept me up-to-date and informed. Highly recommend!
  
 
  
  
 
 
   Google rating score: 4.5 of 5, based on 115 reviews

get answers

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:

1. Remain calm and do not resist arrest
2. Do not speak to law enforcement officers without your attorney present
3. Do not sign any documents or make statements without legal counsel
4. Contact an experienced criminal defense lawyer immediately
5. Provide your attorney with all relevant information and evidence
6. Attend all court hearings and follow court instructions
7. 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:

1. 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.
2. Dismissals: Charges may be dropped if the prosecution lacks sufficient evidence or legal issues arise in the case.
3. 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.

Defending Your Rights

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

Do I need a lawyer for a misdemeanor in Delaware?

Yes. Even misdemeanor charges can carry serious consequences. A lawyer can help reduce penalties or avoid a conviction.

What are the potential consequences of a DUI conviction?

Penalties may include fines, jail time, license suspension, and mandatory programs.

What should I expect during a criminal trial?

The prosecution presents evidence to prove guilt beyond a reasonable doubt. The defense challenges the evidence and presents its own case.

What factors affect sentencing in Delaware?

The severity of the offense, criminal history, and mitigating or aggravating circumstances all play a role.

Get an Initial Consultation

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.