Delaware Criminal Defense Lawyer
Delaware criminal defense lawyers represent people and businesses who have been accused of committing crimes. Their purpose involves serving as their clients’ advocates, leveraging their years of education and experience to ensure they are treated fairly by the courts.
People in every state, including Delaware, have certain Constititutionally-protected rights, even when they are accused of committing terrible crimes. From the time our clients are arrested until the case has been resolved, Pagano Law ensures that you are treated with the fairness and respect you deserve – all while minimizing the impact the accusations or charges have on your life.
The Delaware Criminal Defense Attorney’s Role
A criminal defense attorney advocates for you through every phase of the judicial process, from the initial arrest and/or incarceration through the sentencing phase, if one occurs.
Before the Trial
A Delaware criminal defense lawyer’s involvement begins from the moment a client contacts them, called the pre-trial phase. Clients may reach out to lawyers before or after they have been arrested to ask for representation for the charges against them. At Pagano Law, our first step is investigating the entire case, reading and scrutinizing documents such as police reports, search warrants, laboratory findings, physical evidence, and witness statements to determine whether the state has enough evidence to formally bring your case to trial.
Exceptional Delaware criminal defense lawyers look at the evidence again in an attempt to find a significant weakness or even technical or procedural error that could work in your favor. To do this, we may:
- Reach out to the prosecution’s witnesses to determine their credibility and the factuality of their statements
- Identify and interview defense witnesses who can help to build a solid strategy
- Look for inconsistencies in evidence, including physical evidence and laboratory data
- Identify moments or procedures in which their clients’ rights may have been violated, such as unlawful search and seizure
Arraignment
At your arraignment, which is the formal hearing in which the charges are formally read and you are given the opportunity to enter a plea, Delaware criminal defense attorneys may argue that you be released on your own recognizance while you wait for further steps, or that you be released on a reasonable bail amount.
Your attorneys may also file pre-trial motions during the arraignment period in response to any information discovered during the initial investigation. For example, if a witness is found to be non-credible, attorneys may file motions to suppress their testimony. A motion to dismiss the case altogether may be filed if the evidence against you is lacking.
Negotiations and Plea Bargains and Deals
According to market data reports as of 2025, roughly 90% of all criminal cases that make their way through the nation’s judicial system are resolved via plea bargain. A plea bargain is a negotiation that takes place between the prosecution and your legal team, and in most cases, you will be asked to plead guilty to a lesser charge in exchange for a more lenient and less impactful sentence.
Your legal team will review the evidence and the terms of the plea bargain, ultimately advising you whether it is in your best interest to take the deal being offered. As an example, if there is fairly strong evidence that you committed a felony crime, but you are being offered the opportunity to plea to a much less impactful misdemeanor, your attorney may advise you to take it to avoid the lifelong difficulties that can stem from a felony conviction on your record.
Furthermore, plea deals help you avoid the uncertainty and expense that can often come along with a jury trial. In fact, by signing a plea deal, you are waiving your right to such a trial. You always have the final say in whether to accept or reject any plea the prosecution offers you in the state of Delaware, and it is your criminal defense lawyer’s duty to ensure that you make the decision with a complete understanding of the terms – and the potential consequences of any decision you might make.
Finally, if you do agree to the terms lined out in a plea agreement being offered to you, your Delaware criminal defense lawyers are responsible for ensuring that the plea bargain is entered into the court system exactly as it was described, and they also ensure the prosecution holds up their end of the deal.
Representation in the Courtroom
In the 10% of cases that cannot be resolved via a plea agreement, most end up going to jury trial. In this situation, both the prosecution and your legal defense team will argue their sides of your case in front of a jury consisting of 12 of your peers. You will be represented during the entire trial, with Delaware criminal defense attorneys’ primary function resting in challenging the prosecution’s case and evidence while ensuring all courtroom rules and procedures are in line with your rights.
Both the prosecution and the defense have the opportunity to call witnesses, but they are not required to do so. Just as your lawyers can cross-examine any witnesses called by the prosecution, the prosecution can cross-example any witnesses brought to testify in your defense. The trial concludes with closing statements, in which both sides summarize everything they have presented to the jury. Your Delaware criminal defense team will argue why the jury should return a “not guilty” verdict.
Sentencing
Whether you choose to plead guilty to a crime or the jury finds you guilty after a trial, your attorneys’ jobs are not over the moment a plea or conviction occurs. Rather, Delaware criminal defense lawyers also represent you during sentencing, and their role in this phase involves helping you receive the most lenient punishment possible. Some of the things your defense team may bring up to help you receive a lighter sentence include:
- Letters of support from family, friends, and community members who can make statements about your good character
- Your exact role in the crime that was committed
- Your employment history
- Your lack of a prior criminal history
- Responsibilities to your family
- The remorse you have expressed due to the impact of the crime
Ultimately, the goal is to remind the judge and/or jury that you are human, and that harsh punishment may not be the best way to see justice served in your case. Your lawyers may argue for probation instead of incarceration or reduced fines for individuals who are struggling financially.
Importance of Hiring a Capable Delaware Criminal Defense Lawyer
There are several reasons why anyone accused of a crime in Delaware – and especially a serious crime – should reach out to a criminal defense lawyer immediately.
Reduced Financial Burden
Though there are costs involved in hiring a Delaware criminal offense lawyer, hiring one early in the process can reduce or even eliminate court fees and fines. Furthermore, some of the outcomes that may result from failure to hire a good criminal defense attorney, including being terminated from your job, having an incorrect felony record, or being found guilty when you are actually innocent, can lead to serious or even life-long financial devastation.
Less Stress and Anxiety
Hiring capable criminal defense attorneys have years of education and experience, allowing them to navigate the complex American judicial system. This means you do not need to concern yourself with legal jargon or worry about being bullied by prosecutors.
Police Interview Accompaniment
Criminal defense attorneys will accompany you during police interviews, ensuring that you are not coerced into providing information that you are not legally required to provide and that you do not incriminate yourself by answering unfair questions. It is legal for police officers and detectives to lie to you in order to get a confession, and these tactics have led to numerous wrongful convictions. Your attorney can help you by advising you of which questions to answer and how to answer them.
Lighter Sentencing Options
Finally, hiring a Delaware criminal defense lawyer improves your chances of a lighter sentence or even a dismissal of charges. Even if you are convicted of a crime due to overwhelming evidence, criminal defense lawyers can argue for little to no imprisonment and lighter fines.
All attorneys in Delaware have attended years of law school and passed rigorous exams, but you should only consider the most experienced criminal lawyers when it comes to defending your name and reputation in court. Pagano Law represents clients involved in a wide range of cases. If you have been accused of a crime, contact us today to find out how we can help you.
Well what can I say about Gregory Pagano…. All I can say is is hands-down the best attorney I’ve had in my life.
Get in Touch with Pagano Law in Delaware Today!
Now that you know more about how Pagano Law can help you with your case in Delaware, get in touch with us today to schedule a consultation! We have a proven track record of success, and we will fight for you, every step of the way! Give us a call at 215-636-0160 to get started!