Delaware Criminal Defense Legal Questions

Unfortunately, it is not possible to seal or expunge a federal conviction when you finish serving your sentence.  No federal statute allows it.  Unless you timely and successfully challenge the conviction and seek to have it set aside, a federal criminal conviction almost certainly will remain on your record permanently.One possible means of relief would be a presidential pardon. You can view the rules and obtain an application here. While the chances of receiving a pardon are low, you have nothing to lose by applying for one, and you could get lucky.For the last few years, there has been a bill pending in Congress that would allow certain non-violent offenders to expunge their convictions. It is called The Fresh Start Act of 2011. It was introduced in 2010 and died, and then reintroduced in 2011. The bill is sponsored by Rep. Steve Cohen of Tennessee. Currently it is in the House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security. waiting for action. It is unlikely to pass this year, but perhaps you can assist in generating interest in the bill, and increase its chances for next year.  There are 9 co-sponsors of the bill, but none are from your state of Delaware.  To get the ball rolling, you could write your House Representative in Washington,  and as his constituent, urge him to co-sponsor the bill. There is a petition to support the Fresh Start Act with more than 3,000 signatures here. Jeralyn E. Merritt, Ask a Lawyer Panelist since 1998  ... Read More

The laws pertaining to unlawful concealment of a deadly weapon differ from state to state. In Delaware, which you are inquiring about, carrying a concealed firearm without a license is a class D felony, punishable by up to 8 years in prison. It is considered a crime of violence, and under Delaware's sentencing guidelines, the presumptive sentencing range is 2 years. Accepting responsibility can reduce the presumptive range to 18 months. It is not subject to a mandatory prison term unless you have a prior record of conviction for specific offenses. Delaware also prohibits certain persons from possessing a deadly weapon , including those convicted of prior felonies or drug offenses; persons under age 25 with a juvenile adjudication for a crime that would be a felony if committed by an adult; persons convicted of a misdemeanor involving injury to another or domestic violence within the past 5 years; those subject to a protection from abuse order; and those previously committed for mental disorders. It is a defense to the charge if the person had an expired license to carry a concealed firearm, applied for renewal before it expired,, and the offense occurred while the renewal application was pending before a court. While a first offense for carrying a concealed deadly weapon does not carry a mandatory prison term, since it is a crime of violence, it is as a serious offense. Sentencing guidelines are extremely technical and I recommend you consult with an experienced criminal defense lawyer in Delaware who can advise you as to possible defenses to the charge (such as an invalid traffic stop) , the possibility of pleading guilty to a lesser offense, and the precise sentencing guidelines you are facing if you choose to take the case to trial and lose. Many criminal defense lawyers do not charge for an initial consultation, and I think you would benefit greatly from the advice he or she could provide that would be specific to your situation. Jeralyn Merritt, Ask a Lawyer Panelist Since 1998.... Read More

You can be convicted of possessing cocaine while a passenger in another\'s vehicle if the jury determines that you had actual or constructive possession of the drug. Since the cocaine was on the driver\'s person, you did not have actual possession of it. The state will have to prove you had constructive possession of the drug. Constructive possession occurs when a person knowingly has ownership, dominion or control over the drugs. You can be found to be in constructive possession of the drugs if you knew the driver had them and you had the ability to use them or control their destiny, meaning guide them to wherever they were going next. You could also be found guilty if the jury determines you facilitated or aided and abetted the driver\'s possession of the cocaine -- such as by providing the drugs to him or her or setting up the purchase for the driver with a third person. However, if you had no knowledge that the driver had cocaine on him and had no role in coming into possession of them, you are not criminally responsible. Mere presence at the scene of a crime is not enough to establish guilt. Possession of cocaine is a serious offense and one that will stay on your record if you are convicted by a jury. You should consult with an experienced defense lawyer in your area who can best advise you as to whether you have serious criminal exposure and/or a valid defense in this matter.... Read More