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Michael W Modica
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Michael Modica’s Answers

297 total


  • How can I get a assault 2nd degree thrown out of court and off my record

    I was in the company of an altercation but was not a participant but was charged more severly then the person who did the crime. I am now seeking the video footage that would clear me. I was also able to retrieve records from AAA showing that I w...

    Michael’s Answer

    you need to consult with an attorney about your defense. An Assault 2nd degree charge is a serious felony and you need to take it seriously and will need a criminal defense attorney to help you achieve your objective.

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  • My BF was arrested for Domestic violence. I didn't press charges. If I tell the DA at trial I am not press will they dismiss ?

    Nobody was hurt no property was damaged I did not press charges the state did I called DA on his behalf and had 3 of 5 charges dropped already His public defender says if I don't show up the state will dismiss he says they can put out a warrant...

    Michael’s Answer

    It is not your case, it is the State of Delaware bringing the charges. You are the alleged victim. The prosecutor does not have to do what you want and usually will prosecute a domestic violence charge even if the victim does not want to proceed.The public defenders comments are accurate. While the prosecutor can seek a warrant for you, if no children were involved, then it is my experience that they usually don't for misdemeanor charges. Felony charges are handled differently.

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  • My ex friend is harassing and stalking me so I cant my son back who lives with her

    I had my son while I was in jail and the judge agreed that my son could live there temporary until I got back on my feet she also took me in and then I started seeing someone and then hell broke loosed I was on probation July 3rd was my last time ...

    Michael’s Answer

    It is hard to understand the exact nature of your issue. If person was tracking you through your phone, and you don't have it anymore then it shouldn't be an issue. if they are physically stalker you, then you can file a complaint against them. You cant stop people from spread false/negative information about. you. you may want to discuss this with your po to giver him a heads up about the false allegations being spread.

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  • What should i do to get my medical bills paid and get pain and suffering ? And can i still press charges on him ?

    I was assulted by my ex boyfirend that i lived with at the time, This resulted in a broken leg and i now have a rod and plate in my leg. Leagal criminal charges were not filed because at the time i was to scared and had no where else to go. I now...

    Michael’s Answer

    Yes, you can make a claim against him for his damages. But, does he have any assets or insurance. If he owns a home his homeowners insurance may cover some of your damages. If he has assets, such as a home, etc, then any judgment you obtain against him can be executed against his assets. any lawsuit would have to be brought in the state where this occurs or where he lives.

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  • I need some guidance to remove out of state detainer so I bail someone out. if the charges are drop/reduced other state is okay

    My boyfriend moved here from texas where he is on probation for 1st crime. While living in Deleware we had a argument. the police were called and arrested him for DV before his tx probation transferred to DE. He never touched...

    Michael’s Answer

    It is not your case to drop. The prosecutor's office is reluctant to drop domestic violence charges prior to the trial date. You can attempt to expedite a resolution of the case but will need a lawyer to handle the attempt. Normally, the case will have to follow the normal process, even if you are a reluctant victim.

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  • Parole/early release Delaware

    What options are available to potentially lower an inmates sentencing at level 5 incarceration in the state of Delaware for robbery 1 charge. Currently served 8 months.

    Michael’s Answer

    Just to supplement Mr. Collins answer, if inmate is serving the minimum 3 year portion of the sentence, that cannot be modified. Any portion after the 3 year minimum sentence can be modified. While the 90 day deadline can be a bar to modification, sometimes it can be overcome by the circumstances of the defendant's rehabilitation, etc, depending on the judge.

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  • Were my rights violated or ignored? Am i entitled to a new hearing?

    My public defender requested to be removed from my case as my attorney and the judge granted it. I was given en a new date for 2 weeks. I contacted the public defenders office to ask for a new attorney, i was told i had the same attorney as before...

    Michael’s Answer

    You don't have the right to a public defender of your choice. Depending on the reason your pd withdrew from your case, you may be entitled to a different pd. but, if it is simply because you did not get along, or you were not satisfied with him, that is not a sufficient reason. The real issue is did you knowingly and voluntarily enter the plea. If so, then there is no harm.

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  • Is there a time limit from arrest to indictment in the state of Delaware?

    Class D and F felonies.

    Michael’s Answer

    As Mr. Collins explained, there are guidelines, but when the State does not meet the guidelines for indictment, the Court is not likely to do anything about it. In some cases, depending on the length of the delay, it will entertain a request for bail modification. If a client requests that I file a motion to dismiss, I will submit the motion. But, I have never seen it granted. A defendant should not get too excited that a case may be dismissed if there is a delay from arrest to indictment. Again, it rarely happens

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  • Can I be in trouble for catching another charge while another is pending? They released me from department of corrections.

    I have a resisting arrest charge pending in court for august and just got a new charge for disorderly conduct and I was sent to department of corrections and then seen the judge and released on unsecured. They would of not let me out if the judge...

    Michael’s Answer

    In general, picking up a new criminal charge while pending another charge can be a negative factor when a judge considers an appropriate sentence. That assumes that you are convicted of the subsequent offense. Picking up a new charge can also be a violation of the conditions of bail on the first charge and can lead to a forfeiture of bail and/or a change of bail/conditions of bail.

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  • Is there a civil equivalent of extortion?

    If someone commits extortion against you, but they are not charged criminally, is it possible to bring a civil suit against them?

    Michael’s Answer

    It depends upon the facts. Did the person obtain something from you that they were not entitled to because of threats made to you? If so, then you may have a civil claim to recoup the property that was extorted from you. It depends upon the totality of the circumstances and the nature and context of the threat made to you.

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