- Divorce
- Child AbuseAllegations of child abuse can turn your life upside down. You could go to jail or prison. Your kids could be taken away from you. You could be placed on a state list of abusers and barred from certain occupations.
- Criminal DefenseIf you have been charged with a violent crime, such as Assault, Possession of a Deadly Weapon during the Commission of a Felony, Menacing, Reckless Endangering or Offensive Touching, it is critical to be represented by an experienced criminal defense lawyer to ensure that your rights are protected. Assault and other violent crimes have significant potential penalties -— including mandatory incarceration in many cases time — and navigating the criminal process is not easy. You should understand that the Delaware sentencing framework is designed in a way to punish those convicted of violent offenses more harshly than other offenses.
- DUI/DWIIf you’ve been charged with a DUI, you may be wondering what happens next. At my Wilmington law office, I — Michael Modica — have more than 30 years of experience helping people charged with DUIs protect their driving privileges and fight DUI charges.
- Traffic ViolationsIf you have been caught driving with a suspended license in Delaware, you need an experienced Wilmington driving under suspension defense lawyer to help you fight the charges. I — Michael Modica — have been a practicing attorney for more than 30 years. I know how to fight suspended driving charges and keep my clients from suffering an additional loss of license.
- Sex CrimesBeing accused of a sex crime is lonely and scary. Many will assume you are guilty before you ever set foot in court. The prosecutor and the judge will not show mercy. If you are convicted, the felony record and the sex offender label that goes with it will follow you through life.
- FraudA conviction for a theft charge, including credit card fraud, identity fraud, and embezzlement, can stick with you for the rest of your life. Potential employers, apartment complexes and colleges will often view even a misdemeanor theft charge harshly and your opportunities may be limited with a conviction on your criminal record. You will be barred from employment in certain fields (for example, banking, law enforcement, accounting, health care and nursing). If you have been arrested on theft charges, it is important to have an experienced Wilmington theft and robbery defense lawyer who will vigorously defend your rights.
- RobberyRobbery charges, especially involving the display of a gun or other weapon, are treated very seriously by the Attorney General’s Office. A conviction for Robbery, especially when a weapon is used or display, can result in a lengthy period of mandatory incarceration. You will need an experienced attorney to defend you when charged with Robbery and Weapons offenses, such as Possession of a Deadly Weapon during the Commission of a Felony.
- Burglary
- White Collar CrimesI understand that jail time, your livelihood and your reputation are at stake. The sooner you contact a Wilmington white collar crimes lawyer, the greater the opportunities to resolve the allegations favorably or limit the damage.
- Theft
- MisdemeanorsMarijuana laws continue to be enforced in Delaware, despite the increasing national trend toward decriminalization and even legalization of marijuana for medical or recreational use. Delaware marijuana laws vary according to the quantity involved and range from civil penalties to criminal misdemeanors and felony offenses.
- EmbezzlementI represent a vast array of employees who have access to accounts or authority to issue checks. I have defended the full spectrum of embezzlement accusations, which may include...
- Drug CrimesThe penalties for drug offenses in Delaware are very harsh, often involving mandatory minimum jail sentences, fines, even if you are a first time offender. Also, when the police arrest someone for a drug crime, it is common to pile on charges. Simple possession becomes possession with intent to sell, or possession within 1,000 ft of a school or 300 ft of a park, or maintaining a house or vehicle for keep drugs. The penalties for drug offenses can increase dramatically, based upon the quantity of drugs involved and their intended use.
- AssaultIf you have been arrested for assault or another violent crime in Delaware, learn more about how to protect your rights. Contact me a Wilmington assault defense lawyer online or call 888-672-0082 to schedule a free initial consultation.
- MurderIf you are convicted of a felony, you have a right to file an appeal to the Delaware Supreme Court to seek a reversal of the conviction. The notice of appeal must be filed within 30 days of a sentence. As a Wilmington criminal appeals lawyer, I have handled numerous appeals before the Delaware Supreme Court. My successful appeals include winning a new trial for capital murder defendant who was previously sentenced to the death penalty, and a reversal of a client’s conviction for drugs and weapons offenses resulting in dismissal of all charges and release from a mandatory 26 year sentence.
- Juvenile CrimesJuveniles can commit, and be charged with, the same types of crimes as adults in the state of Delaware. A juvenile conviction not only comes with significant penalties for that child, it can also have a lasting impact on his or her future, criminal record, driving privileges, eligibility for federal college funding, and whether the child is able to return to school. If your child has been arrested for a juvenile crime, you need an experienced Wilmington juvenile offense lawyer to help you protect your child’s rights and future.
- Probation ViolationAs an experienced Wilmington probation violation lawyer, I — Michael W. Modica, Attorney at Law — have spent more than 30 years helping people keep their probation intact and avoid jail sentences. I am familiar with how judges assess violation allegations, and I know what it takes to defend against those allegations. Working with my client, I will investigate the violation, gather evidence and find witnesses to testify on my client’s behalf.
- Identity TheftPhishing is one of the main types of activities being prosecuted as Internet identity theft. It is illegal to steal or possess identifying personal information of another, or to impersonate another for financial gain. Phishing involves sending emails that purport to be from a company the user may do business with, in an attempt to get the person to divulge account information such as usernames, passwords, account numbers and other sensitive data.
- ShopliftingWhen I defend juveniles in Family Court, I explore all options to avoid an adjudication of delinquency, including various diversion programs and first offender programs. I understand the anxiety that children, and their parents, have when facing criminal or traffic charges and I am careful to make sure that the process is as stress free as possible as I guide you through the process.
- Restraining OrderBut the punishment for cybercrimes is very real: Jail or prison. Fines and restitution. Restraining orders. A criminal record that will make it hard to get a job, a loan or an apartment. If you are accused of using a computer to commit a crime, you need a lawyer who can protect you from the consequences of serious felony charges.
- ForgeryEmbezzlement is often a felony, but this depends on the amount stolen, prior convictions and other circumstances. Employers may agree to not press criminal charges in exchange for restitution, resignation or another negotiated resolution. If your case goes to court, I may be able to avoid an embarrassing arrest or get the charge downgraded to a misdemeanor, such as theft or forgery.
- ManslaughterMy client was employed as a group home aide who was charged with Manslaughter relating to the death of one of the residents. After a four day trial, the jury voted 11-1 in favor of acquittal. The state decided to dismiss the case against my client rather than retry him... read more
- Internet CrimesDelaware law includes a variety of computer-related offenses that involve the Internet, social media, email or texting. For instance, the law outlawing “unrequested or unauthorized electronic mail” (SPAM) makes it a crime to send commercial email after being asked to stop. This offense can range from a class A misdemeanor to a class D felony, depending upon the damages alleged to have been caused. Other Internet crimes may include...
- Personal InjuryParticipating in the Wilmington DUI First Offender Program involves entering a guilty plea to your DUI charge if you are eligible for the program. To be eligible you must not have been involved in a personal injury accident and your test result must be under.20. However, I am often able to persuade the prosecution to waive these restrictions.
- Auto Accidents