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Michael W Modica
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About Michael
Biography
I have practiced law my entire career in Wilmington, Delaware. After graduating from Emory University School of Law in 1982 I became a deputy attorney general in the criminal division of the Delaware Department of Justice. I was a prosecutor for approximatel 3 years until I transitioned to private practice where I handled criminal defense cases and personal injury and worker's compensation cases. I have handled every type of criminal case from traffic tickets to capital murder cases. I have appeared in every State and Federal court in Delaware. I have had the occasion to appear before the Delaware Supreme Court in over 10 cases which is a unique distinction. I have been appointed by Superior Court judges to represent 3 capital murder defendants, which I believe reflects their respect for my competence and experience. I have been a trial lawyer for over 30 years. My philosophy is to "imagine that I am the client" when I represent people as that serves to set the expectation as to how to properly assist each client. In addition to practicing law I have attempted to give back to my community in a number of ways. I was a board member on the Brandywine School District Board of Education from 1991 to 1996. I was appointed by Governor Carper to serve on the Advisory Council to the Delaware Department of Children, Youth and their Families. I was appointed by Governor Minner to serve on the Delaware Interscholastic Athletic Association. I am a board member of the Maplewood Senior Center. I have volunteered as a youth soccer, basketball, football and roller hockey coach. I am divorced and have three adult children.
If you have been charged with a crime or DUI offense, Michael Modica can help.
Practice Areas
2
Practice Areas
Criminal Defense
60%
43 years
DUI and DWI
40%
43 years
Fees and Rates
Cost
Payment Methods
- Cash
- Check
- Credit Card
Licenses
Licensed in Delaware for 43 years
State: Delaware
Acquired: 1982
No misconduct found
Location
Michael W. Modica, Attorney at Law
(302) 425-5712
Fax
22b Trolley Square, Wilmington, DE, 19806
michaelmodicalaw.com/Online Presence
Other places you can find Michael online.
Michael W Modica's Reviews
Showing 1 - 5 of 82 client reviews from Avvo
Posted by Dan | October 4, 2025 | Hired Attorney
This review is from a person who hired this attorney.
Top notch Lawyer
Very wise and professional lawyer. The best lawyer I’ve ever had and beat my case
Posted by anonymous | April 10, 2025 | Hired Attorney
This review is from a person who hired this attorney.
Highly recommend
Mr Modica is a world class lawyer, easy to tell he enjoys what he does and will do whatever is needed to make sure you get superior and fair legal representation.
Posted by anonymous | February 21, 2025 | Hired Attorney
This review is from a person who hired this attorney.
Mike is an excellent Lawyer
I went to Mike with what I considered a very difficult case. Mike went through all my charges 1 by 1. He discussed my history. He then formulated a plan for court. His approach worked great. With Mike as my lawyer, I saw what was possibly a license revocation and high fines be worked down to a 2...
Posted by anonymous | February 16, 2025 | Hired Attorney
This review is from a person who hired this attorney.
A True Professional
Mr. Modica is a true professional. He resolved my case with a level of class that is rare in today's world. He was always respectful and honest with me. If you want to win, get Mr. Modica.
Posted by bruce | November 20, 2024 | Hired Attorney
This review is from a person who hired this attorney.
DUI SPEAICALIST
MR MODICA,WENT ABOVE AND BEYOND ON MY 6TH DUI,HE IS A TRUE PROFESSIONAL,HE RESEARCH MY CASE AND I CAME OUT OF IT A FREE MAN ,WITH PROBATION,I HIGHLY RECOMMEND MR .MODICA TO REPRESENT YOU IN ANY CASE,HE IS CARING AND PROFESSIONAL LAYWER.WHO IS REASONABLE PRICED.
Michael Modica
Replied last November 21, 2024Thank you Bruce. I appreciate your kind words. I am glad we achieved a great outcome.
Michael W Modica's Lawyer Endorsements
"I endorse this lawyer."
"I highly endorse Mr. Modica and will be very pleased to refer my clients from DE who’ve found themselves in trouble in NC for assistance and advice on navigating their license issues. Mr. Modica is too modest so I’ll say it for him: he may be the best DUI defense Attorney in all DE. Hope people from MD, DC, PA and NJ who need a great lawyer see this endorsement and call him too."
"I endorse this lawyer for their commitment and dedication to clients."
"I worked for Mr. Modica for about 10 years and then he mentored me throughout my law school career. He is a very accomplished attorney who treats each client the utmost respect. He will diligently defend each case and has achieved some pretty amazing results. I recommend him for both criminal defense and personal injury matters."
"An extremely talented and well respected attorney in the legal community, I wholeheartedly recommend him to anyone looking for a lawyer who knows the law and truly cares about protecting the rights of his clients and getting them the most favorable result possible."
"I endorse this lawyer."
"I endorse this lawyer."
"I endorse this lawyer."
"I highly recommend this attorney. Very intelligent and very thorough when analyzing legal issues! Compassionate with clients and aggressive with legal issues! 5 STARS!!"
"I endorse this lawyer. Attorney Modica is an outstanding attorney with an exceptional reputation. He is a strong and zealous advocate for his clients and a credit to the legal profession. I highly recommend his legal services."
"I endorse this lawyer. I have known Mike Modica for 30 years. He has served the public in the past as a Deputy Attorney General and he serves the public now as a first rate criminal defense lawyer. Mike is proficient and experienced in cases relating to personal injury matters as well."
"I endorse this lawyer. I have referred many of my clients to Mike for criminal defense and personal injury matters. Mike has always done a great job and that is why I keep referring my clients and family members to him. Mike has a great reputation which he has really worked hard to earn."
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Experience
Honors
2023
2023 Top Lawyers, Delaware Today
2022
2022 Top Lawyers, Delaware Today
2017
Distinguished, Martindale-Hubbell
Work Experience
1990 - Present
Owner, Law Office of Michael Modica
1985 - 1989
Associate, Aerenson, Ferrara and Lyons
1983 - 1985
Deputy Attorney General, State Of Delaware Department Of Justice
Associations
1999 - Present
Delaware Association of Criminal Defense LawyersMember
1998 - Present
National Association of Criminal Defense LawyersMember
1985 - Present
Delaware Trial Lawyers Association
1983 - Present
Delaware State Bar Association
1986 - 2010
American Association for Justice
Sample of Legal Cases
state v. mm
not guilty
state v cd
dismissal
state v mr
dismissal
state v. po
dismissal
state v. rs
reduced charge
state v rs
Charge reduced to inattentive driving with no loss of license
state v cb
Reduced to misdemeanor and probation, no incarceration
state v ds
Reduced to misdemeanor and probation, no incarceration
state v rp
Reduced to misdemeanor and probation, no incarceration
state v cr
Reduced to misdemeanor and probation, no incarceration
state v. RP
Reduced to misdemeanor and probation, no incarceration
state v DS
Charge reduced to a misdemeanor and no incarceration
state v. mm
Case dismissed
state v. a.s.
Charge reduced from felony to reckless driving
state v. a.s.
Charge reduced from felony to reckless driving
State v. W.S.
I filed a motion for new trial after dui conviction, which was granted. Dui was reduced to reckless driving alcohol related. all other charges dismissed. client avoided jail sentence
State v. S.P.
I negotiated a plea to a reduced charge of reckless driving alcohol related. client avoided a mandatory jail sentence.
State v. W.H.
The habitual offender designation was vacated after we proved that it was entered in error. The jail sentence was vacated. Client ultimately released from jail and sentence to probation with GPS monitoring
state v. SK
Charge reduced to reckless driving alcohol related, thereby preserving clients driving privileges and avoiding a dui conviction.
State v. JW
Plea to a reduced charge
State v DD
I filed a motion for sentence modification which was granted. Client released from jail after serving approx.one year.
State v. J.W.
pending a decision on whether State is going to dismiss the case
Beacon Hill Condominium Association v. Ullrich
Successful trial outcome. Judge awarded assessments and other costs in favor of the Plaintiff after trial.
State v. T. C.
Case is pending a decision of the trial judge on whether he can find client guilty of the reduced charge of Reckless Driving Alcohol Related. If so, then client will not face a mandatory jail sentence
State v. J.M.
charge reduced to misdemeanor and probation before judgment. The charge will be dismissed upon payment of restitution
City of Newark v. B.B.
Negotiated a reduced charge to Reckless Drive Alcohol Related. No loss of license.
City of Newark v. C.H.
Negotiated a reduced plea to Reckless Driving after winning the administrative hearing
State v. D.D.
Client found "Not Guilty" of all charges after a jury trial
State v. J.M.
Client found "Not Guilty" of all charges after trial
State v. S.P.
Negotiated a reduction to Reckless Driving and client sentenced to a small fine and avoided a jail sentence.
State v. M.L.
Convinced the prosecutor to deviate from its policy against reducing felony dui charges because of documented medical problems. Client pled to a reduced charge was was sentenced to home confinement
State v. A.Y.
Negotiated a reduced plea from DUI to reckless driving
B.A. v L.M.
$100,000.00 policy limits settlement
State v. B.P.
Pled to reduced charge of Reckless Driving from DUI and avoided jail sentence
City of Newark v. J.M.
Negotiated a reduced plea from DUI to reckless driving
State v Jones
The Court granted Jones motion to suppress the results of the blood test. Decision is found at http://courts.delaware.gov/Opinions/Download.aspx?ID=195280
State v. C. S.
Found "Not Guilty" after a trial
State v C.Y.
Jury verdict-Not Guilty
City of Newark v. Anonymous
Charge dismissed
State v. D. M.
NOT GUILTY
K.B. v. S. A.
Settled for insurance policy limits
City of Newark v. DH
Found NOT GUILTY after trial
State v. E. M.
Negotiated a plea to a misdemeanor and probation
Anonymous v. Verizon
Settlement for $82,500
State of Delaware v. TP
Charges dismissed
G.B. v. D.L.
Settlement for insurance policy limits
State of Delaware v. J. Q.
Jury verdict: NOT GUILTY on felony charges
TR and PR v State Farm
Jury Verdict for $135,000
State v. Michelle P
Not Guilty after trial
State of Delaware v. Bernadine D
Client found not guilty
State of Delaware v. David K
case dismissed prior to trial
State of Delaware v. T. G.
Charges dismissed
State of Delaware v. Brian Z
Case dismissed after court granted client's motion to suppress
State of Delaware v. David M
Persuaded the prosecutor to dismiss the charge prior to trial.
Nancy B. v. State Farm
Policy limits settlement
Christine S. v. Liberty Mutual Automobile Insurance Company
Six figure settlement
Education
1982
Emory University School of Law
JD - Juris Doctor
1979
McDaniel College
BA - Bachelor of Arts
Speaking Engagements
2016
Pardon and Expungement Workshop
Pardons and Expungements
2010
Delaware Superior Court Trial Forum
Evidentiary Foundations
1998
School Law Seminar
School Law Issues in Delaware
1997
Delaware Superior Court Trial Forum
DUI/DWI Defense Fundamentals
Publications
2009
The Advocate-DTLA
The Case Against Mandatory Sentencing Laws
Languages
English
Activity
Legal Answers
Legal Guides
Legal Answers
Q&A
I have a failure to appear for drug diversion in Delaware ?
05 Sep 2023
Q&A
How could i bail my boyfriend out if the state pressed charges between us?
09 Aug 2023
Q&A
I was going 45 in a 25 but my charger speed was 26. When I go to court, which one will they look at, measured or charged speed?
05 Aug 2023