Felonies & Misdemeanors
The risk of a felony conviction can dramatically impact one’s life, resulting in the loss of civil liberties like the right to vote or possess a firearm. A felony conviction can create obstacles related to travel and employment, and most importantly, expose one to substantial criminal penalties including imprisonment.
Mr. Foley is adept and experienced in helping persons who are charged with felony level offenses avoid being forever labeled as a convicted felon.
- Murder/Attempted Murder
- Vehicular Homicide
- Sex crimes
- Drug Trafficking
- Firearms/Weapons charges
- Aggravated Menacing
- Reckless Endangering
- Credit card fraud
- White Collar crimes
- Other felony offenses
Misdemeanor charges are prosecuted in the Court of Common Pleas or Newark Alderman’s Court. Often, such cases can be resolved without a criminal conviction so that the arrest record can be completely expunged. In Delaware, one has the right to a jury trial, even when charged with a misdemeanor level offense.
- Assault/Offensive Touching
- Domestic charges
- Drug possession
- Drunk Driving/DUI
- Resisting Arrest
- Underage possession of alcohol
- Disorderly conduct
- Criminal Mischief
- Criminal Trespass
- Other misdemeanor charges
A blood draw is “implicates an individual’s most personal and deep-rooted expectations of privacy.” – US Supreme Court in Missouri v. McNeely
Thomas Foley has prosecuted and defended hundreds of DUI cases over the past 30 years. He understands that many law abiding citizens find themselves charged with Driving Under the Influence, which often casts a negative and unfair stigma that the motorist is an alcoholic or an irresponsible person.
Whether or not your blood alcohol level is over the legal limit, it is imperative that you hire a skilled DUI lawyer. The police often make mistakes when handling these cases, whereby the officer lacked a basis to stop your car, or lacked probable cause to take you into custody, or there may be problems in the manner in which the intoxilyzer or blood draw was administered.
DUI & Traffic
“The Fourth Amendment prohibits unreasonable searches and our cases establish that the taking of a blood sample or the administration of a breath test is a search.”– US Supreme Court, in Birchfield v. North Dakota
A DUI conviction can result in a mandatory loss of driving privileges. If you have been charged with DUI, you must request an administrative hearing at DMV within 15 days. This requirement is separate from the court system.
Subsequent DUI offenders are exposed to serious consequences including mandatory prison sentences. A third or subsequent DUI conviction in a lifetime is prosecuted in Delaware as a felony offense.
Although traffic offenses seldom result in a jail sentence, it is still important to avoid excessive fines and points, resulting in drastic higher insurance rates. Mr. Foley can help one avoid such consequences.
- Aggressive driving
- Careless Driving
- Reckless driving
- Leaving the Scene of an Accident
& Child Abuse
The Constitution is not neutral. It was designed to take the Government off the backs of the people.” – Supreme Court Justice William O. Douglas
When a person is accused of committing a criminal act against a loved one, the process can feel very invasive, with the criminal justice system intruding upon one’s household. Besides ensuring that the State does not strip away one’s access to their own family, Mr. Foley is very capable in removing the “criminality” from the emotional context and family dynamics in which these incidents often occur.
There is always a natural tendency to cooperate with the police and tell your side of the story, particularly in situations involving children when one believes they are simply exercising sound parental discipline. However, it is important that your attorney be the first to hear what happened, rather than the police or a social worker or a nurse.
- Violating a PFA Order
- Offensive Touching
- Spousal Abuse
- Child Abuse
- Terroristic Threatening
- Endangering the Welfare of a Child
- Breach of a No Contact Order
The Fourth Amendment is often considered a criminal defense lawyer’s “best friend” as it is the most violated constitutional right by law enforcement. Mr. Foley has enjoyed great success in challenging encounters between the police and his clients, whether it be a traffic stop, detaining someone on a public sidewalk, or even when the police enter a house with a search warrant.
Simply put, the Fourth Amendment prohibits the police from conducting fishing expeditions or shakedowns without reasonable suspicion or probable cause to justify their actions.
As a former drug prosecutor, Mr. Foley has firsthand knowledge of how the government builds its drug cases, and knows how to successfully counter their prosecution tactics.
The mere presence of a firearm at a crime scene or in a vehicle does not mean that a person has committed a weapons or firearm offense.
Drugs & Firearms
“The heart of the Fourth Amendment is designed to protect persons from unreasonable government intrusions, a standard which only becomes meaningful when it is assured that at some point the conduct of those charged with enforcing the laws can be subjected to the more detached, neutral scrutiny of a judge who must evaluate the reasonableness of a particular search or seizure in light of the particular circumstances.” – Supreme Court Justice Earl Warren
People are often wrongly over-charged, particularly when a weapon or gun charges are added to less serious criminal charges such as simple possession of drugs in a home or vehicle.
- Drug Dealing
- Drug Trafficking
- Possession of Drugs
- Obtaining Prescription Drugs by Fraud
- Possession of a Firearm During the Commission of a felony
- Possession of a Firearm by a Person Prohibited
- Carrying a Concealed Dangerous Weapon
University of Delaware & School Offenses
Thomas Foley has represented hundreds of students from the University of Delaware, Wilmington University, and Delaware Tech, who find themselves charged with a criminal offense, fearful that their entire life is about to unravel because of a criminal charge. Mr. Foley understands that a minor lapse of judgment ought not tarnish one’s promising future or shatter a young adult’s dreams.
Pursuing a college education is exciting, but can present first time challenges. Parents have less control over their children’s decisions as they become self-reliant young adults. It is fairly commonplace for students to struggle with their newly gained independence, sometimes experiencing lapses in judgment that result in criminal charges.
Mr. Foley fully appreciates the real life repercussions of a criminal conviction for a college student, – preventing a student from obtaining meaningful employment upon graduation, gaining admission into post-graduate school, becoming a commissioned officer in the military, or traveling abroad, – thereby undermining the massive time and financial investment in attending college in the first place.
Mr. Foley ensures that his clients land on their feet so they can preserve their clean records and continue on their life’s journey.
- Underage Possession/Consumption of Alcohol
- Disorderly Conduct
- Resisting Arrest
- Criminal Trespass
- Criminal Mischief
- Sexual Assault
In most cases the criminal justice system views juveniles differently from adults. Therefore, it is important to consult an experienced lawyer like Mr. Foley who is effective in defending minors charged with criminal wrongdoing.
Family Court is often the first time an individual faces a Judge. If not properly defended and resolved, one moment of immaturity could sabotage a child’s future. Because the goal of a juvenile case is the rehabilitation of the minor of the child, there is often room for Mr. Foley to negotiate a favorable resolution and preserve a clean record for his clients.
“The 6th amendment right to counsel exists and is needed, in order to protect the fundamental right to a fair trial” – Supreme Court Justice Sandra Day O’Connor.
Sex crimes carry a stigma in our society, whereby even an allegation of such a crime can have severe consequences in someone’s life. It can be very difficult for an accused sex offender to receive a fairness that justice requires. Reckless finger pointing or false accusations could result in a mandatory prison sentence for an individual who did not commit a crime.
- Unlawful Sexual Contact
- Date rape
- Indecent Exposure
- Statutory rape
- Dealing/Possession in Child Pornography
Computer Crimes & Child Pornography
“The makers of our constitution … sought to protect Americans … as against the government, the right to be left alone – the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the 4th Amendment” – Supreme Court Justice Louis D. Brandeis.
Internet and computer related laws are still developing. Unfortunately, the law evolves much slower than technology, so courts may be required to apply laws written years ago to a case arising today. That can cause serious problems for those charged with computer and technology-related crimes.
Context is critical when building a computer crime defense. The police often seize computers without a lawful basis and authorities will recklessly conclude that crimes have been committed with computers. Issues concerning who else had access, unsolicited receipt of information or images, and other details are ignored in the haste to prosecute.
Controlling the movement of files from all of the websites on the internet are extremely difficult, if not impossible. Adults engaging in random internet or peer – peer networking can be caught up in child pornography sting operations, often without knowing that their computers contain illegal images. If you do not know that unlawful images exist, there is no criminal intent and you cannot be guilty.
In Delaware, each image or video carries a minimum 2 year prison term. You can also be forced to register as a sex offender for at least 25 years. You can rely upon Mr. Foley to passionately and skillfully advocate on your behalf, with the goal of preventing you from having your life ruined by child pornography charges.
Expungements & Pardons
The taint of a criminal record in a highly competitive and information-happy world, can cause become an obstacle for the rest of your life. You can have your Delaware record permanently expunged, preventing future employers and others from discovering certain criminal events in your past.
If you have a criminal conviction on your record, you may be able to apply for a pardon. A pardon is an important step towards clearing your good name and restoring your rights as a citizen. Mr. Foley understands the pardon process and can help you interact with the Board of Pardons and the Governor’s office, because the Governor – not a Judge – has the power to grant a pardon.
For those convicted of a felony, a pardon restores critical civil rights such as the right to vote, the right to serve on a jury and the right to own a gun. A pardon for a misdemeanor clears the way for you to apply for an expungement, which wipes the conviction from your record. Mr. Foley will help you walk through the process and help you understand everything involved in restoring your life to what it was prior to your conviction.
White Collar Crimes & Fraud
Facing criminal charges in Federal Court is serious. Federal Court is a different system that requires in depth knowledge of the law and the ability to handle complex cases. Mr. Foley knows the rules and practices of federal court. He will provide zealous representation and guide you through the process you can know to expect and work every stage of the process entails.
White collar criminal allegations are very serious and complex in nature. They can be charged in State or Federal Court and can result in very serious penalties. It is important to work with an attorney who is skilled in resolving white collar crime charges such as Mr. Foley.
- White collar crimes
- Securities Fraud
- Health Care Fraud
- Bank Fraud
- False Statements to the Government
- Wire Fraud