Drug Crime Attorney in Delaware

Drug Crime Attorney Ben Schwartz interviews Criminal Defense attorney Bill Deely about drug crimes in the state of Delaware.

Drug Crime Attorney in Delaware

Hi, I’m attorney Ben Schwartz,

Today I am interviewing attorney Bill Deely. We are both with the Law Firm Schwartz and Schwartz with offices in Wilmington and Dover, Delaware. Today we are going to talk about drug crimes.

Ben: Bill, I appreciate you letting me ask you a couple questions. Bill is a criminal defense lawyer with the firm and I think it’s fair to say the majority of the cases that you handle are criminal defense cases. Would you agree with that?

Bill: That’s correct, for sure.

Ben: Bill, do you see any trends in the Delaware court system in terms of the types of drug crimes that are being charged?

Bill: Well, I can say for the last several years, drug crimes in Delaware are almost exclusively heroin, fentanyl, other opioids, and marijuana, but probably in the last 8 or 9 months, cocaine seems to be making a comeback. Throughout that time there have been intermittent methamphetamine cases, but primarily it was heroin.

Ben: When I started practicing in 2001, I had a Superior Court conflict attorney contract in Kent County, the drug crimes were almost exclusively crack cocaine and marijuana. I don’t remember any particular cases involving heroin or fentanyl or anything. When do you think the trend started going in that direction?

Bill: I couldn’t put an exact time frame on it, but I would say probably 8 or 9 years ago the heroin trend picked up and it reached a point where you didn’t see anything but heroin cases, with a few exceptions of marijuana  and once in a great while, methamphetamines, but as you said, crack and cocaine appear to be coming back slightly. You are now starting to see some of those cases back in Delaware, where as for several years we really didn’t see any to speak of.

Ben: I want to ask you, as a criminal defense attorney who has done numerous defenses of drug crimes, do you have any tips for folks who might have been arrested and now they’re charged with drug crimes? Do you have any thoughts on how they can maximize the best result that they can get in their drug crime criminal cases?

Bill: If you are arrested for a drug crime, or stopped for drugs, the most important thing is don’t talk to the police! They are trained to get you to talk and make you believe that you can get out of the case by talking. That’s not gonna happen. There are no friends in the drug business. The police aren’t great investigators, they make most of their arrest because somebody dimes out one of their friends, or another drug user, or something, because everyone is looking for a deal. If you get charged with a drug case, and you’re facing charges, there’s a couple things I’d recommend. First of all, try to get a job, because the job will go a long way in humanizing you and making the prosecutor believe that you’re not just a drug addict. I would get some references. Most importantly, if you have a problem, or if you don’t think you have a problem, but you’re using drugs on a regular basis, try to get some help and counseling. Go to your family physician, go to a drug treatment clinic, that will go a long way in helping to resolve the case favorably to you.

Ben: Bill these are good tips. If folks want to get a hold of you to have a free consultation about their pending Delaware criminal case, how do they get a hold of you?

Bill: They can call my office at 302-678-8700, or you can call my cell at 302-584-2755.

Ben: Bill, thanks for taking the time today, I appreciate you going on video with me.

Bill: Thank you!

Drug Crime Attorney in Delaware

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Is the Bartender Responsible if a Customer gets in a Car Accident after being over-served?

Personal Injury Attorney Ben Schwartz answers a viewers question: “I am a bartender and we have had extensive training on not over-serving customers. If I happened to serve a customer who drinks and drives and gets in an accident, injures somebody, am I legally going to be held responsible?”

Is the Bartender Responsible if a Customer gets in a Car Accident after being over-served?

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a question from Mary in Wilmington, Delaware. Mary writes-in and she says, “I am a bartender and we have had extensive training on not over-serving customers. If I happened to serve a customer who drinks and drives and gets in an accident, injures somebody, am I legally going to be held responsible?” That is a very good question. I am assuming that you are a server in the state of Delaware. The answer is that in the state of Delaware, there is no civil legal liability to an injured person caused by a driver who has been over-served. Basically that is called dram shop liability.

Delaware has no dram shop liability laws on the books. In fact, there are cases where servers, bars and restaurants over-served their patrons, have been sued for injuries caused to other people by those drunk drivers and the Delaware courts do not allow those cases to go forward. I am not a server. I have never been a server and I am not a bar owner or a restaurant owner. I am a personal injury attorney for the most part. So my question is, what do you think? Do you think that ought to be the law? Do you think that in the state of Delaware there should be a law that says if a bar owner or a bartender over-serves the patron and that patron goes out and drinks and drives while intoxicated and gets into an accident, the patron rear-ends somebody at a red light and causes them injures, should the bar, restaurant, or the server be held responsible for that injury?

Should the bar owner, restaurant, or server be able to be sued for the  injuries that were caused by the drunk patron?

Should there be a dram shop liability law in the state of Delaware? There is dram shop liability laws in other states, but not in Delaware. We are behind the times on this. I am interested to know what the people think about this. Is this something that we should have to protect innocent people from drunk drivers? Is it something that we are fine not to have? Or, it is what it is and we do not need to have another law on the books? Let me know what you think. Post a comment in response to this video or send me an e-mail below. I’m attorney Ben Schwartz, thanks for watching.

Is the Bartender Responsible if a Customer gets in a Car Accident after being over-served?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Delaware Marijuana Law & Title 21, Delaware code, section 4177a

Attorney Ben Schwartz answers viewer questions about Delaware Marijuana Law. Specifically as it relates to Title 21, Delaware code, section 4177a. 

Delaware Marijuana Law – Title 21, Delaware code, section 4177a

TRANSCRIPT:

I’m Attorney Ben Schwartz.

Today, we’re going to answer a couple of viewer questions about Delaware Marijuana Law. James writes in from Smyrna, Delaware. He wrote: “I just moved to Delaware Is it illegal to smoke marijuana in Delaware?

The answer is technically, yes. It’s illegal to own or possess marijuana. The question is, how much are you going to possess? If it’s an ounce or less, it is a civil penalty and not a not a criminal offense. The civil penalty is up to $200 fine. A tiny bit of marijuana is illegal, but it’s illegal in the same sense as rolling through a stop sign or double-parking your car. It’s illegal to do these things that are minor infractions, but owning or possessing more than an ounce of marijuana can get you in trouble. How much you possess will determine if it’s a misdemeanor or felony charge, but just having an ounce or less is a civil charge.

The second question is: “Is it illegal to smoke marijuana and drive my car?” The answer to that is definitely yes. It’s definitely illegal to smoke marijuana and drive a car. In fact, if you look at Delaware DUI law (Title 21, Delaware code, section 4177a) states that having any amount of THC in your system while driving is illegal. Specifically, I’ll tell you that the language says that, “…no person shall drive a vehicle when the person’s blood contains within four hours after driving any amount of a recreational drug.” If you are pulled over and blood-tested and you have any amount of THC in your system, that’s going to be considered DUI.

I hope you found these questions interesting. If you have more questions about Delaware Marijuana law, please email me at  ben.schwartz@schwartzandschwartz.com.

Delaware Marijuana Law – Title 21, Delaware code, section 4177a

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Private criminal defense lawyer, public defender resources?

The News Journal reported yesterday (click here) that the Delaware Superior Court sidestepped the issue of whether an indigent criminal defendant with a private defense attorney is entitled to a spanish-english court interpreter. The Court did so by appointing the defendant a public defender in addition to his private defense attorney. By doing so, the Court made it the obligation of the Office of the Public Defender, rather than the Court, to provide an interpreter.

The story reports that the defendant, Jose Cruz-Arano, was charged with felony Rape in the 4th degree and other offenses. He retained private defense attorney Ed Gill of Georgetown. Usually, in Delaware state courts, if you have enough money to hire a private defense attorney, you are not going to get any services provided at the Court’s expense.  On the other hand, if you are indigent and cannot afford to hire a private criminal defense lawyer, you will have a public defender or the court will pay for a private criminal defense attorney, translator, private investigator, and just about anything that is reasonable and necessary to a Constitutional defense of the criminal case.

The Court’s decision, if accurately reported by the News Journal (I have not read the opinion of the Court), opens the possibility that an indigent defendant can retain private counsel, then apply for public defender assistance. Will this court decision allow private defense attorneys to use the resources of the Office of the Public Defender to prepare their clients’ defense? The PD’s office, after all, has high quality investigators, interpreters, etc.