Criminal Defense in Delaware
Charged with a crime in Delaware? What happens next could affect everything from your freedom to your future.
A skilled Delaware criminal defense attorney can help you take control of the situation. The right lawyer can challenge weak evidence, push for reduced charges, or negotiate a favorable plea deal.
The sooner you get legal help, the more options you may have. Ask us today for a referral to a trusted Delaware defense attorney.
Hiring a Criminal Defense Lawyer in Delaware
When you’re facing charges in Delaware, you need more than general advice—you need someone who knows how to protect your rights from day one. A qualified defense attorney can guide you through the legal process, speak on your behalf in court, and work to limit the penalties you face.
If you’re looking for a criminal defense lawyer in Delaware, we can help. Our network includes experienced attorneys ready to handle your case with focus and determination. Reach out today to get connected.
What is the Difference Between Parole and Probation?
If you’re dealing with criminal charges in Delaware, it’s important to understand the difference between probation and parole. Probation is often used as an alternative to jail time, while parole applies after part of a prison sentence has already been served. A knowledgeable defense attorney can explain how each option works—and which may apply to your case.
Probation
In Delaware, probation serves as an alternative to incarceration, allowing individuals to remain in the community under court-imposed conditions. This approach aims to facilitate rehabilitation while ensuring public safety.
The duration of probation in Delaware varies based on the nature of the offense. For violent felonies, the maximum probation period is typically two years. Drug-related offenses under Title 16 can result in up to 18 months of probation, while other offenses generally carry a maximum of one year. However, courts may extend these periods under specific circumstances, such as the need for restitution collection or completion of court-ordered programs.
Delaware also offers a “Probation Before Judgment” (PBJ) program for eligible first-time offenders. Under this program, the court defers entering a conviction, placing the individual on probation instead. If the person successfully completes the probation period without violations, the court dismisses the charges, resulting in no criminal conviction on their record.
It’s important to note that eligibility for PBJ is limited. Individuals with prior convictions, those currently on probation, or those who have previously participated in the PBJ program within the last five years may not qualify.
Probation Revoked
In Delaware, probation serves as an alternative to incarceration, allowing individuals to remain in the community under court-imposed conditions. However, failure to adhere to these conditions can result in probation revocation, leading to incarceration.
The Delaware Department of Correction (DOC) oversees probationers through the Bureau of Community Corrections.Depending on the level of supervision, the court may impose various conditions, including:
- Community service hours
- Restitution payments or other fees
- Maintaining regular employment or enrolling in educational programs
- Successful completion of a state-approved drug and alcohol education program
If a probation officer believes that an individual has violated the terms of their probation, they can initiate a violation of probation (VOP) proceeding. During the VOP hearing, the State is required to prove the alleged violation by a preponderance of the evidence, meaning it is more likely than not that the violation occurred. This standard is lower than the “beyond a reasonable doubt” standard used in criminal trials.
It’s important to note that during a VOP hearing, the usual rules of evidence are relaxed, and hearsay may be admissible.However, the court still requires some competent evidence to support the violation.
If the court finds that a violation has occurred, it has the discretion to impose various sanctions, which may include modifying the terms of probation, extending the probation period, or revoking probation entirely, resulting in incarceration.
Parole
In Delaware, parole represents a conditional release from incarceration, allowing eligible individuals to serve the remainder of their sentence under community supervision. This system is distinct from probation, which is typically an alternative to incarceration imposed at sentencing.
Eligibility for parole in Delaware is governed by specific criteria. Generally, an individual becomes eligible after serving one-third of their sentence, reduced by any earned good behavior credits, or after serving 120 days—whichever is longer.
The parole process involves a thorough review by the Board of Parole, which assesses factors such as the individual’s behavior during incarceration, participation in rehabilitation programs, and overall readiness for reintegration into society.
If parole is granted, the individual must adhere to specific conditions, which may include regular meetings with a parole officer, employment requirements, and restrictions on travel. Failure to comply with these conditions can result in revocation of parole and a return to incarceration.
It’s important to note that parole is not guaranteed; the Delaware Board of Parole exercises discretion in each case, ensuring that the release aligns with public safety interests and the individual’s rehabilitation progress. For those navigating the complexities of parole in Delaware, consulting with a knowledgeable criminal defense attorney can provide valuable guidance and advocacy throughout the process.
Work With an Experienced Local Delaware Criminal Defense Lawyer
Facing criminal charges in Delaware can be overwhelming—but you don’t have to go through it alone. A skilled defense attorney can work with local prosecutors to negotiate fair terms, fight for reduced penalties, or seek a dismissal when possible. Their understanding of Delaware’s legal system can make a meaningful difference in the outcome of your case.
If you or a loved one is facing criminal charges in any state, contact our team to learn how we can connect you with a reputable criminal defense attorney near you. We can even help you connect with an attorney across Delaware state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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