Happy Thanksgiving from GDWG

By GDWG / November 24, 2022

It’s the holiday season, and boy is it our favorite time of year! We want to say thank you to all of our wonderful clients, real estate professionals, loan officers and others in the legal and financial community for all of your continued support. We are so honored to serve so many great folks across the First State, and we thank you for trusting your legal needs with our team.

We are so excited to announce that multiple GDWG attorneys were named honorees of Delaware Today’s Delaware’s Top Attorneys in 2022.

Real Estate, Real Property + Personal Property

 

Dean Del Collo

Deborah Galonsky

Joseph Giordano

Jenna Stayton

Edward Tarlov

Family

David Gagne

Achille Scache

Brandon Spivey

Criminal Defense

Dade Werb

A big thank you to all our fellow attorneys across the First State who recognized our team. We appreciate your support.

Our Team

Our firm has so much to be thankful for and we owe most of it to our team. The paralegals and office staff at GDWG are some of the best in the business and we have the success stories to prove it. We thank you all for your continued hard work to deliver the best service to our clients.

We wish everyone a very Happy Thanksgiving and hope you enjoy the holiday season with your family and friends

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GDWG Welcomes Jay Owens!

By GDWG / October 31, 2022

Join us in welcoming our newest attorney, Jaevan Owens. Jay’s home base is our Wilmington office where he will concentrate his practice in Family Law. Feel free to contact Jay if you are in need of a lawyer regarding family matters.

 

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Grandparent Rights: What it means and how it can affect you.

By GDWG / September 30, 2022

As family dynamics change, it gets even more complicated when children are involved. Grandparents in Delaware are finding they must take legal action when it comes to maintaining a relationship with their grandchildren. A child’s best interest must be the number one priority when it comes to child custody and visitations issues, and for grandparents it’s important to know your rights.

Unfortunately, not all families make it a priority for their children to spend time with their relatives. In some cases, grandparents are given limited access to their grandchildren by his or her own adult child or and ex-daughter or son-in-law. The State of Delaware requires grandparents to file for visitation rights if they feel as though access to their grandchildren has been limited.

For cases involving neglect, physical and emotional abuse or substance abuse affecting the life of the grandchild, the State of Delaware will grant custody to a grandparent. Our team is experienced in helping individuals seeking guardianship in the State of Delaware. Contact our offices as soon as possible if you think that a child’s welfare is at risk due to an unfit or abusive parent.

At GDWG, we believe that all children should be given the opportunity to know their grandparents and maintain a relationship with them. We know that these are sensitive and tense situations, and our team of lawyers know exactly how to handle these delicate cases. At GDWG, we have a dedicated team of family lawyers that will fight for your rights in the State of Delaware.

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Back to School Could Mean Back to Court if You’re Not Careful

By GDWG / August 31, 2022

It’s that time of year again, and you’re probably seeing more and more school buses taking over the roads on your morning commute. To avoid being charged with a traffic violation, we are here to keep you up to date on the Delaware traffic laws surrounding school bus safety.

In the State of Delaware, it is illegal for any vehicle approaching a stopped school bus to pass or overtake it. A school bus that is stopped and displaying flashing lights, alerts all drivers on the road to stop. When dropping off or picking up children, the school bus will pull as far to the right as possible, but this does not mean drivers can pass the bus. The only time a driver can pass or overtake a school bus is if there are 4 or more lanes and the driver is approaching the school bus from the front.

What are the penalties if you violate this traffic law? For the first offense a motorist will be charged between $115 and $230 or be imprisoned for 30 to 60 days. A driver who overtakes or passes a school but can also be charged with both the fine and the imprisonment sentence. For each following offense that happens within 3 years of the previous offense the driver will be both fined between $115 and $575 and imprisoned between 60 days and 6 months. In addition to these penalties, the Department will suspend the driver’s license and driving privileges between 1 month and 1 year.

Being in violation of passing or overtaking a school bus can negatively impact your day-to-day life in many ways. If you find yourself in need of a Delaware Defense Lawyer, call GDWG today to protect your rights and obtain the best possible outcome for your case.

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Getting married? Here are some reasons why you should consider a prenup.

By GDWG / July 29, 2022

We know that prenups are not the most romantic of topics when planning a wedding with your partner. However, the establishment of a prenup does not indicate a lack of trust between partners. The State of Delaware is an equitable distribution state. As such, in the case of divorce, if there is no established prenuptial agreement and parties are unable to come to an agreement on distribution of marital assets (and yes, debts), then the Court divides properties equally and fairly. The catch? Sometimes what the court deems as fair, may not be considered fair among partners.  

 

There are a lot of different reasons why couples should consider a prenup before tying the knot. First and foremost, prenuptial agreements outline “what happens” to current and future assets. In the event of a divorce, understanding early (and clearly) the details of distribution of marital and premarital assets may bring peace of mind, but at the very least, it prevents any number of headaches. Prenups also often protect those who may be marrying into debt. If not outlined in a prenup, the court will split marital debt between partners. A prenuptial agreement allows partners to define these debts as one partners separate debts and detail how they will be handled in the event of a divorce. In a lot of ways, a prenuptial agreement is like insurance where partners can talk about which assets will be joined and which will remain separate. Whether it is income or debts earned during their marriage, a prenuptial agreement gives couples the ability to decide what will be defined as marital property and what will remain separate in the event of a divorce. 

 

When it’s time to divide assets and debts, a prenuptial agreement can be helpful if one or both partners enter the marriage with, for example, family heirlooms or property that they wish to keep separate. A prenup is especially beneficial for anyone who may have children prior to this marriage and would make a divorce less complicated for their children or stepchildren. While a prenuptial agreement cannot affect child support or child custody, it can often ensure that the inheritance of one or both partner’s children is safe. 

 

There are no aspects of Family Law that are uncomplicated, and wherever money and property play a role, the more complicated things become. Having the opportunity to address these issues upfront in a sober and cooperative manner can help you avoid the nightmare of a messy divorce. With the counsel of one our seasoned attorneys here at GDWG, we will guide you and your partner every step of the way to ensure that both parties are well represented in a prenuptial agreement.  

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Felonies vs Misdemeanors

By GDWG / July 1, 2022

When it comes to comparing felonies and misdemeanors, there are a countless number of differences including the effect a conviction could have on job opportunities and an individual’s criminal record. At our firm we get asked most about the difference between felonies and misdemeanors as it pertains sentencing. It is best to consult with competent and capable counsel to ensure that a defendant’s rights are protected. At Giordano, DelCollo, Werb & Gagne, LLC, our criminal defense team has invaluable experience gained through more than two decades fighting for defendants’ interests.

Misdemeanors, while considered less severe than felonies, can still become part of an individual’s criminal record and for repeat offenders sentencing can become extremely high. For sentencing purposes there are 2 classifications of misdemeanors: Class A misdemeanors and Class B misdemeanors. According to the Delaware Code on sentencing for misdemeanors,

(a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate.

(b) The sentence for a class B misdemeanor may include up to 6 months incarceration at Level V and such fine up to $1,150, restitution or other conditions as the court deems appropriate.

If the accused pleads guilty, it is their lawyer’s responsibility to make sure all circumstances are considered and to advocate for a fair sentence. Presenting evidence to support a more lenient sentence or identifying a weakness in the prosecution’s case to negotiate a plea deal to a lesser offense, requires legal expertise. Our criminal defense team has over 20 years of experience as public defenders and will always look after our clients’ interests.

Felony offenses have been deemed by society as the most severe and most threatening to its citizens. In felony prosecutions the stakes are much higher than in misdemeanor cases. Felonies are classified into 7 different categories for the purpose of sentencing: Class A, Class B, Class C, Class D, Class E, Class F, and Class G. According to the Delaware Code on sentencing for felonies,

                (b) The term of incarceration which the court may impose for a felony is fixed as follows:

(1) For a class A felony not less than 15 years up to life imprisonment to be served at Level V except for conviction of first degree murder in which event § 4209 of this title shall apply.

(2) For a class B felony not less than 2 years up to 25 years to be served at Level V.

(3) For a class C felony up to 15 years to be served at Level V.

(4) For a class D felony up to 8 years to be served at Level V.

(5) For a class E felony up to 5 years to be served at Level V.

(6) For a class F felony up to 3 years to be served at Level V.

(7) For a class G felony up to 2 years to be served at Level V.

It is important that an individuals’ rights are protected at every stage, which is why our team of criminal defense lawyers can get involved in a case as early as the investigative stage. It is crucial to have an experienced team to advise the defendant on how to proceed without compromising their legal interests. In a felony offense case, it is best to have experience, knowledge, and a good reputation in the legal system backing you up.

At Giordano, DelCollo, Werb & Gagne, LLC, our criminal defense team has spent more than two decades working with the Public Defender’s Office, giving our team in-depth experience working with the local judges and prosecuting attorneys. If you have been charged with a crime, call us today to get Dean DelCollo and Dade Werb in your corner!

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Did a beautiful vacation home catch your eye this weekend?

By GDWG / May 31, 2022

We hope that you and your family had a relaxing holiday weekend! We are finally starting to feel that summer heat and the beach season is now in full swing. Some of you may have made the first trip of the season to the Chesapeake Bay or the Delaware beaches, and some of you may have even seen the most beautiful vacation home calling your name. Whether you saw your forever home or the perfect getaway spot for your family, downstate Delaware offers an ideal location for both residential and vacation homes.

But what is the market up to?

Well, we can confidently say that the housing market is still as unpredictable as ever. In the first quarter of 2022 downstate Delaware, encompassing Kent and Sussex County, is down in the number of sold homes in comparison to 2021, and there is an increase in the overall median sale prices in these counties. The market is cooling off, but the prices are still heating up! Unfortunately, we don’t have an on-call fortune teller to predict what this market is going to do, but one thing we can say for sure is that we will help you navigate the market every step of the way. From reviewing loan documents to finalizing agreements of the sale, the real estate attorneys at Giordano, DelCollo, Werb & Gagne will always have your back.

Experience Matters

It is required by law that buyers must contract with an attorney when purchasing a home in Delaware. During these unprecedented times in the housing market, it is important to not just choose a lawyer but choose a lawyer that you can trust and will handle the tough stuff. Our real estate attorneys will make sure that, you the buyer, is fully represented throughout the entire buying process. Should any of the inspections turn up results that need to be addressed, our attorneys will ensure that proper concessions or repairs are made before moving forward. This is where experience comes into play. Our thousands of negotiations and years of experience in real estate, will bring you the peace of mind during the most complex phases of the buying process. There are a lot of unpredictable variables when buying a home, but our team at Giordano, DelCollo, Werb & Gagne is on your side at all times!

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Personal Injury? You’re on the clock!

By GDWG / April 29, 2022

In the State of Delaware, the general statute of limitation for someone to report personal injury due to negligence is 2 years after the accident. If this 2-year gap closes before you file a lawsuit, Delaware’s Civil Court system will most likely refuse to even hear your case.

How to know if you even have a case

The first thing we must look at is who is at fault for negligence. If someone else’s negligence led to your injury, then you may have a case. People who have been injured during a slip and fall accident or a vehicle accident may suffer from more than just pain and discomfort. They may have had to miss work or take unpaid leave. Businesses like supermarkets and retail stores are responsible for taking the proper steps to prevent slip and fall accidents. When carelessness and negligence are evident and can be proven in a case, you deserve the proper compensation!

However, in the State of Delaware, it is important to note the Court follows a rule of modified comparative negligence. Meaning that in cases of personal injury where a victim can be found partially responsible for his or her own injuries, the damages they receive will be reduced by a percentage that the Court declares their share of the fault. There was a time that if a plaintiff was found to be in any way at fault, he or she would lose their right to bring a claim. So, in practice, if the Court finds you, as plaintiff, at fault for 20 percent of your injury, you will only receive 80 percent of the damages. If the Court finds that you are responsible for 50 percent of more of the injury, then you cannot collect any damages.

Our team of experienced slip and fall lawyers have been helping accident victims in Delaware get compensated for their pain and suffering. Don’t let another’s negligence lead to money out of your pocket. Here at Giordano, DelCollo, Werb & Gagne, LLC we offer a free consultation to discuss the details of your accident and determine if you have a case to sue for compensation for medical bills and damages.

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We are Your Delaware Legal Team

By GDWG / March 31, 2022

Over the last decade, our firm has grown from a handful of folks working out of a single office in the Pike Creek area of Wilmington to now SIX offices serving every corner of the First State. Our mission in that time has never changed–Once a Client, Always a Client. 

Going all the way back to those early days, we knew there was tremendous value in treating every client with respect and proving with every case that our dedication in delivering unmatched legal representation as our primary objective. That approach remains evergreen today. Our growth over the last ten years is a byproduct of word of mouth referrals from satisfied clients throughout New Castle, Kent and Sussex Counties.

As we’ve grown our footprint throughout Delaware, so too have we grown our team. Over the years, new partners and associates have joined our team, bringing with them experience in their specialized areas of practice. We’ve always felt it is critical that our clients can trust that our attorneys have extensive experience in specialized areas of law.  It’s this concentration on craft that has led to our firm’s members being named among the top practicing attorneys in the State of Delaware by their peers, year after year.

Are you a property owner seeking representation regarding the purchase or sale of commercial or residential property?
Are you a spouse who has questions about divorce, separation or the termination of a marriage?
Do you need help in creating a will or living will?
Have you been charged with a crime in the State of Delaware?

GDWG has experienced attorneys and legal support staff throughout Delaware waiting to attend to your specific legal needs. Call today or Contact Us and put our Delaware Legal Team to work for you.

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Welcome Kate Crawford to GDWG!

By GDWG / February 17, 2022

All of us here at GDWG would like your help in welcoming our newest attorney, Katelyn Crawford. Kate’s home base is our Lewes office where she will concentrate her practice in commercial and residential real estate as well as Wills, Estates and Trusts. Feel free to contact Kate if you are in need of a real estate attorney or interested in creating or revising a Will, etc. Kate will be available in the Lewes and Bethany offices and soon to be new office in Rehoboth.

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