Criminal Defense FAQ

Criminal Defense Attorney Andrew RahaimFree Consultations For Criminal Defense Cases

The defense attorneys at Rahaim & Saints have met with many defendants facing a number of different types of criminal charges. Along the way, our legal team been asked the same criminal defense law frequently asked questions time and again. We have created the following criminal defense law FAQs to help address some of the more common worries and concerns you may have if you have been charged with an offense.

Above all, when dealing with charges or an arrest, it's important to consult with a good defense attorney. This is not a situation where you want to rely on legal information from your friends, family or the Internet. An experienced attorney understands the law and can work with you to minimize the negative impact of an arrest or charges. You can always contact Rahaim & Saints if you have been arrested or charged with any offense. A free consultation with our legal team can put your mind at ease and address some of your questions.

How can a defense be mounted in a DUI/DWI case?

Being accused of a first offense, second offense or third offense DUI in Delaware can be difficult, especially if there is evidence from a Breathalyzer:

  • Police may claim you don't have any DUI plea options
  • You may be accused of underage drinking or causing a car accident while under the influence
  • You may be accused of drunk driving
  • You may have legal issues stemming from your refusal to take a Breathalyzer

No matter what the situation, there may be options available.

In many cases, Breathalyzer, sobriety and other tests are not exact. It may be possible to question the results, especially if the tests were not administered correctly. In addition, if police officers or authorities violated your rights during the arrest process or at any point during your interaction, you may be able to fight back against illegal procedures. Plea options exist, and you may be able to launch a defense based on your willingness to do community service, show a commitment to sober driving, or a commitment to rehabilitation.

A DUI offense can stay on your record and can affect your ability to drive. Your license may be suspended, and in some cases you may face jail time. If you've been arrested in a DUI or DWI case, contact a defense attorney immediately to launch a vigorous defense.

Is it worth it to fight a traffic offense?

If you've been accused of a hit-and-run, driving an unregistered vehicle, aggressive driving, speeding or any other traffic violation, it is important to get legal advice. Even if you are dealing with traffic tickets, it can be invaluable to get legal support. The reality is the DMV point system may dock you for traffic offenses you don't fight. Even some unresolved traffic tickets can lead to reduced points, increased insurance costs, and other problems. Traffic violations in some cases can lead to a revoked license, meaning you can't get to work to support your family.

Traffic offenses should always be treated as a serious legal matter. Contact an attorney if you are dealing with a traffic offense to ensure you get the strong defense you deserve.

What will happen if I've been accused of assault, drug charges, vehicular homicide or another serious offense?

Generally, you will be advised of your charges and told of your rights. You have the option of getting an attorney paid for by the state, or you can retain your own defense attorney. You may be arrested. If you are arrested, you may need to be bailed out, and there may be conditions to your bail. Eventually, a trial date will be set where you can defend yourself in court.

The process of being accused and charged in a serious offense is complex, and it's very important to ensure the process is conducted legally. If police violate your rights by interrogating you incorrectly, they may be hurting your ability to defend yourself, as defined by the U.S. Constitution. Working with a defense attorney can be an important way to preserve your rights.

Can I defend myself in a disorderly conduct or trespassing case?

Whether you've been accused of trespassing or disorderly conduct, or have been at charged with another offense, you may be able to defend yourself. However, your best outcome may not come from representing yourself in court. An aggressive defense launched by a defense attorney is very different than a defense launched by an individual with limited legal training.

A professional, experienced attorney understands the law, knows how court cases work, and can usually rely on investigators and other professionals to help mount the strongest defense. In addition, an attorney can give you legal advice and support you through every step of the process, answering questions and helping to minimize the effects of charges made against you.

What evidence can I use in a fraud, burglary, shoplifting or identity theft case?

A Glasgow or Newark criminal defense attorney can gather many types of evidence in these cases. For example, if the alleged fraud or identity theft took place online, they can investigate to see whether others have access to the same computers or electronics used in the alleged incidents of fraud and identity theft.

If shoplifting or burglary is alleged, attorneys can investigate to see whether there is evidence supporting a defendant's version of events. Perhaps you didn't realize some goods were stolen or you didn't know the origin of the products you purchased.

Sometimes in burglary and shoplifting cases, the person holding the products in question is accused of the crime, even without evidence suggesting they actually stole the items. An attorney can strongly defend you in these types of situations and advise you on the chances of your case.

What can I do if I have been falsely accused of domestic violence, Internet sex crimes, sexual assault or other sex offenses?

As courts become more serious about domestic violence and sex crimes of all kinds, it can feel more daunting to be accused of these types of serious charges. If you have been accused, it is important to act quickly and retain the services of a defense attorney immediately.

Unfortunately, in some of these cases, the names of the accused are printed in the media, making it difficult for the person to defend themselves and resume their everyday life while waiting for their day in court. Our justice system depends on the idea of people being presumed innocent until they're proven guilty, but in these types of accusations there is often a "court of public opinion," which can be very difficult to deal with.

An attorney can help advise you about dealing with accusations and the consequences of charges made against you. An attorney can also launch a powerful defense to protect you and your future. In many cases, these charges rely on individual testimony rather than on witnesses or physical proof. Gathering evidence in these cases becomes very important to help prove your version of events.

What happens if I make a mistake and violate the terms of my probation?

The terms of your probation should be made quite clear. However, mistakes do happen and sometimes misunderstandings occur as well. If you have made the wrong choice or have misunderstood something, you may be worried or concerned about the effects of violating your probation.

You may face added jail time or other penalties. A defense attorney can determine whether there were any exceptional circumstances leading to the violation of probation and can argue your case in court. An attorney can also look to have charges reduced so that the book isn't thrown at you because you have made a mistake.

What sort of sentence will my child face in the juvenile justice system?

The juvenile justice system exists to protect younger offenders. The system recognizes young people sometimes make poor choices and shouldn't have to suffer for the rest of their lives because of these mistakes. In fact, science bears out the fact that younger individuals have different brain makeup and different ideas of consequences.

Even though the juvenile justice system works to ensure young offenders don't face the same harsh penalties as adults who are aware of the consequences of their actions, if your child has been charged, it's important to get a reputable and experienced defense attorney.

A defense attorney can work to reduce sentencing and ensure your child is sentenced as juvenile. Unfortunately, prosecutors will sometimes work to have minors placed in the adult justice system. A defense attorney can work to prevent this from happening.

The sentencing your child faces will depend on the jurisdiction and the nature of the charges. Contact a defense attorney at Rahaim & Saints for an individual evaluation of your child's case and the possible sentence your child may face.

Will University of Delaware criminal charges affect my future and my schooling?

If you've been charged with any offense on the University of Delaware campus, contact a defense attorney who can represent you and work to reduce the impact on your future career. Unfortunately, criminal charges can affect your status at the school and your scholarships as well as your education. A defense attorney can work to minimize the damages.

What should I look for in a Newark or Glasgow criminal defense attorney?

Look for someone you trust and who has experience handling defense cases similar to yours. Look for someone who's willing to work with you and who gives you an honest and thorough evaluation of your chances and your situation. At Rahaim & Saints, our attorneys have decades of experience and have already helped many Delaware residents just like you who find themselves in difficult situations. You can always contact us for a free consultation to find out what can be done in your case.