99 Wolf Creek Boulevard, Suite 3
Dover, Delaware 19901 - Directions
(302) 674-3299 or 1-877-EABY LAW
M-F 8:00 a.m. to 5:00 p.m.
Evening and weekend consultations may also be available by appointment only.

Criminal Defense Issues

Being charged with a criminal offense in Delaware is a serious situation that requires competent and experienced representation. Finding your way through the justice system can be a long and difficult process and an attorney from the Eaby Firm, LLC can be there with you.

  • Preliminary Hearing – This hearing takes place soon after your arrest to determine if there is sufficient probable cause to support the charges. While the State has very little to prove at this hearing, it may be possible to negotiate with the State for a plea to a misdemeanor charge to resolve the case quickly and avoid the possibility of a felony conviction.
  • Arraignment – You are given the opportunity to enter into a plea of guilty or a plea of not guilty and request either a jury trial or a trial by judge. An attorney can assist you in deciding on the best way to proceed.
  • Case Review – These court appearances provide an opportunity to discuss the case with the State and to attempt to resolve the case prior to trial. Having an attorney represent you at these hearings could be beneficial.
  • Final Case Review – This is your last opportunity to accept a plea. An attorney can negotiate with the State to attempt to ensure that, if you wish to accept a plea, that the plea is fair and acceptable.
  • Trial – Whether by judge or by jury, a trial is no laughing matter. We have been trained in questioning witnesses, in cross examination, and in the presentation of evidence. A trial will determine whether you are guilty or not guilty.

The Eaby Firm, LLC will discuss your case with you, review the evidence, negotiate with the State, defend you in court, and provide sound legal advice on the best ways to proceed with your case.

Contact our office to schedule your free consultation.

DUI Attorneys in Dover, DE

Have you been arrested for Driving Under the Influence? Having an experienced and capable attorney representing you can mean a world of difference.

A DUI conviction could bring fines, a license suspension, and even incarceration. The State has the burden to prove the elements of your charges beyond a reasonable doubt. An attorney from the Eaby Firm, LLC will diligently defend you in court and assist you in maneuvering through the criminal justice system.

Please remember that if you have been charged with a DUI, you have 15 days after notice of your license suspension to request a hearing. Requesting a hearing will help you keep your license while your case is pending.

The Eaby Firm, LLC will defend you through all stages of the process, from requesting your DMV hearing to your trial. There may be ways to resolve your charges without a trial and we will pursue all avenues to get the best result possible.

Contact our office to schedule your free consultation.

Family Law


Dealing with family issues can be an extremely difficult and frustrating experience. It can be important and useful to have an experienced and dedicated attorney helping you through the tough times and guiding you through the legal process and the Delaware Family Courts. The firm’s Family Law and Domestic Relations practice includes divorces, custody, separation agreements, adoptions, child support, guardianships, Protection from Abuse Orders (PFAs) and visitation

Commercial Leases

The Eaby Firm, LLC can help ensure that you get want you want out of your lease and make sure you understand your rights and obligations under the lease as a landlord or tenant. While business leasing can be a good alternative to owning business property, commercial property leasing agreements aren't subject to many of the Delaware landlord-tenant code provisions that govern residential leases, and there are no standard lease agreements. If you decide to engage in commercial real estate leasing, you'll want to protect your interests by making sure that your commercial lease is in writing and that it contains several key provisions, including length of the lease period, when the rent is due, whether there's an option to renew the lease, common area maintenance (CAM) fees, and what party is responsible for maintaining the premises.

 

 

 

Personal Injury Attorney in Dover, DE

If you have been seriously injured in an automobile accident or have been injured on someone else’s property, commonly called a “slip and fall”, you may be entitled to compensation for your injuries and payment of your medical expenses.

We offer a FREE CONSULTATION where we will answer your questions about liability, medical expense reimbursement and possible case value.

If we accept your case, you will not be obligated to pay attorneys fees unless we make a successful recovery on your behalf. You are responsible for “costs” regardless of the outcome.

Civil Litigation

The attorneys in our firm have years of experience representing business and individuals in a variety of civil disputes in Delaware courts. The firm understands the devotion and frustrations often associated with civil litigation and works with clients to establish goals and achieve those goals in the most efficient manner. The firm's practice includes, but is not limited too, contract litigation, creditor/debtor matters, land use matters, representing landlords in residential landlord-tenant disputes and either party in commercial lease disputes, as well as representing homeowners and homeowner’s associations.

 

Along with civil litigation, the firm regularly assists clients with regard to commercial transactions, negotiating transactions, and drafting the appropriate documentation for the purchases, sales, and other related matters.

 

Construction Litigation

 

The Eaby Firm, LLC has experience representing owners, general contractors, subcontractors, suppliers, and other professionals in all aspects of the construction litigation process. The firm works with clients to negotiate, resolve, and when necessary, litigate claims and disputes. Our experience includes construction contract disputes, prosecution and defense of mechanics liens, indemnification agreements, and other potential contractor liabilities.

 

 

 

 

 

Bankruptcy

Bradley Eaby, Esquire been helping clients file for consumer bankruptcy protection since 1989. The bankruptcy landscape has changed drastically since then. The Bankruptcy Abuse Prevention and Consumer Protection Act became effective October 17, 2005. It made many significant changes to the existing Bankruptcy Code. Staying up to date on the law and local practice in this area is crucial to effective representation.

Bradley Eaby, Esquire is member of the National Association of Consumer Bankruptcy Attorneys (NACBA) and attend many Continuing Legal Education seminars in this ever changing landscape. Mr. Eaby also belongs to the Delaware State Bar Association, Bankruptcy Section and regularly reviews Court decisions from across the United States to help keep abreast of breaking bankruptcy case law.

Compassionate

We understand that filing a bankruptcy is not an easy decision. We are not indifferent or unsympathetic to your struggles and will exercise patience and compassion while assisting you every step of the way during the process.

Reasonable Fees

We may not be the least expensive firm practicing bankruptcy law in the Dover area. If you are just price shopping, we are not the right law firm for you. We do provide quality legal services by a very experienced attorney and at a very competitive price. We understand that you are having financial troubles and that you do not have extra money to pay a bankruptcy lawyer. Most of our clients pay for their bankruptcy cases over time with a payment plan.

Basic Bankruptcy Concepts

There are four (4) types of bankruptcy an individual can file; Chapters 7, 11, 12 or 13. The two most often applicable to individuals and small businesses are Chapters 7 and 13. Generally, in a Chapter 7 Bankruptcy you do not repay your dischargeable unsecured debts, e.g. credit cards, medical bills, and/or pay day loans. Generally, in a Chapter 13 Bankruptcy you might repay a percentage of your unsecured debts over a three to five year period. One common bankruptcy misconception is that you lose your home and other significant assets in a Chapter 7 bankruptcy. For the most part, as long as you are current on your mortgage and car payments, you may retain those assets by continuing to make your regular monthly payments.

Chapter 7 Eligibility

Qualifying for a Chapter 7 Bankruptcy is not automatic. You must pass the Median Income Test. If your income exceeds the Median Income, you must also pass the Means Test, the Disposable Income Test and the Best Interest Of Creditors Test. If you do not qualify for a Chapter 7 Bankruptcy you may file be able to file a Chapter 13 Bankruptcy. These tests are explained in detail during your FREE CONSULTATION.

Exemptions

Under Delaware law, there are limits on the value of assets that you may keep in a Chapter 7 bankruptcy. You may retain your residential real property or mobile home so long as your equity does not exceed $100,000.00. You may retain your personal property so long as your equity does not exceed $25,000 per debtor, $50,000.00 in a joint case filed by a husband and wife. However, there are specific exceptions to this rule. The manner in which you calculate the “equity” is also very fact intensive and you should consult a bankruptcy attorney for exact answers.
Generally, you may retain your ERISA qualified retirement account, e.g. 401K, IRA, defined pension plan, etc.… with no monetary limitations.

Chapter 13 Eligibility

Qualifying for a Chapter 13 Bankruptcy is not automatic. You must owe less than $1,010,650.00 in noncontingent, liquidated secured debt and $336,900 in noncontingent, liquidated unsecured debt. Also, you must have sufficient income to fund your required monthly payments under the Chapter 13 Plan.

There are many more requirements, rules and issues concerning Bankruptcy. The above information is intended solely to provide you with a brief understanding of Bankruptcy law and does not constitute legal advice.

The Eaby Firm, LLC looks forward to answering your bankruptcy questions during your FREE CONSULTATION.

The Eaby Firm, LLC:
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.