Criminal Defense Lawyers in Dover, DE

Providing Experienced and Knowledgeable Representation to Clients Navigating the Criminal Justice System

If you’re charged with a crime in Dover or Kent County, you could be facing severe penalties, such as prison or jail time and significant fines. The investigators and prosecutors take criminal cases very seriously, and those accused of violating the law should as well. The first step in protecting your future is to work with a criminal defense attorney to understand your charges, what rights you have, and what defense options you have.

Reach out to the team at Schwartz & Schwartz, Attorneys at Law, P.A., to schedule an appointment at our Kent County office in Dover. Our criminal defense attorneys can evaluate your case and provide information on how our firm can help.

What Does a Criminal Defense Lawyer Do?

A criminal defense attorney represents defendants who have been charged with a crime. They are there to ensure that the defendant’s rights are being protected and that the due process of the criminal justice system is being followed. A lawyer can be present with you during questioning, represent you at your arraignment and bail hearing, and potentially negotiate a plea deal with the prosecution. If your case goes to trial, your attorney will gather and present evidence on your behalf, call and question witnesses, and work to convince the jury that the prosecution has not proved your guilt beyond a reasonable doubt.

What Are My Rights as Someone Charged With a Crime?

The U.S. criminal justice system is set up in a way that all criminal defendants have certain rights that cannot be taken away from them. You may be familiar with Miranda rights from legal television shows, and while these programs don’t usually have accurate representations of criminal cases, they get this part right. You must be informed of your Miranda rights before police can question you about a crime. These include the right to remain silent and the right to have an attorney present during questioning.

Defendants also have rights granted by the U.S. Constitution. The right to legal representation is included in this as well, as is the right to refuse to answer questions on the basis that your testimony might be incriminating. You also have the right to a trial decided by a jury of your peers. In some cases, it can be beneficial to waive this right and ask for a bench trial — where the case is decided by a judge instead of a jury — but this is something that should only be done with the guidance of an attorney.

There are many other rights included in the U.S. Constitution, such as the right to a speedy trial and the right not to be prosecuted for the same offense more than once, also known as double jeopardy. When you meet with a criminal attorney, they will go over what rights you have and what they can do to ensure they are protected throughout the process.

How Do Misdemeanor Charges Differ From Felonies?

The criminal law system divides charges into misdemeanors and felonies. Felonies are reserved for more serious crimes, such as assault, robbery, drug trafficking, and kidnapping. Felonies are often violent crimes, but nonviolent crimes such as money laundering, high-value theft and bribery are also felonies. The potential prison sentence for a felony is more than one year, and being convicted of a felony can make it more difficult to get a job in some industries after you’re released.

A misdemeanor crime is a minor crime, and the corresponding penalties are less. Instead of serving time in prison, those convicted of misdemeanors serve their sentences in jail, and the maximum sentence is one year. You generally are not required to notify current or prospective employers about any misdemeanor convictions. Common examples of misdemeanor crimes in Delaware include possession of drug paraphernalia, criminal trespassing, and theft under $1,500.

Will I Be Offered a Plea Deal or a Diversion Program?

Depending on the type of charge and the advice of your attorney, alternative defense options, such as taking a plea deal or asking the courts to allow you to complete a diversion program instead, may be something to consider. In a plea deal, you agree to plead guilty to a crime in exchange for a reduced charge or a shorter sentence than you might get if you were convicted at trial. A diversion program is more common for crimes that involve alcohol or drug abuse. In exchange for completing a mandatory program, you are able to avoid a criminal conviction on your record.
However, it’s important to keep in mind that neither a plea deal nor a diversion program is a guaranteed option. These are completely at the discretion of the prosecutor and judge, so you will need to discuss whether this might be an option with your attorney.

What Are the Consequences If I’m Convicted?

If you’re convicted of a crime in Dover, DE, you could be sentenced to several years in prison, thousands of dollars in fines, and years of probation even after your release, depending on the type of crime. These criminal penalties are meant to deter repeat offenses, but the truth is that it can be very difficult to reintegrate into society when you’ve been incarcerated for a substantial length of time.

Serving a jail or prison sentence can also take a deep toll on your relationships and mental health. You will miss out on important milestones in your children’s lives and birthdays, holidays, and other days of special meaning with your family and friends.

Call the criminal defense law office of Schwartz & Schwartz, Attorneys at Law, P.A., at 302-678-8700 to schedule an appointment with an attorney and learn more about how you can avoid these repercussions.