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Michael W Modica
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Michael Modica’s Answers

357 total


  • What should I do my boyfriend got got stealing while on the run cause he never went to his probation hearing will he have a bail

    My Bf was on probation and had a violation hearing he never went so now he was on the run , he got caught shoplifting out of khols Friday and is now in jail will he have a bail or will he have to sit ??

    Michael’s Answer

    I echo Mr. Collins' answer. I would add that he should have a vop hearing within 10 days of his arrest, so he will know whether a jail sentence will be imposed for the violation. Sometimes, the vop hearing is deferred until after the new charges are resolved. Absconding, and then committing a new offense, is going to put your boyfriend in a difficult position. I would not advise paying a bailbondsman to post bail unless he has plans to do something positive upon his release, such as work or school.

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  • Got speeding ticket in DE. Will the points transfer to TN when i transfer my license?

    Got speeding ticket in DE. Will the points transfer to TN when i transfer my license?

    Michael’s Answer

    Your violations will transfer. TN will apply its own point scheme.

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  • I need to ask

    my niece has been wrongfully accused of stealing a copy of a warrant that my niece originally wrote against a sex addict. This alleged act of stealing a warrant that was originally written by my niece is considered a felony. The police urged my ni...

    Michael’s Answer

    I need more facts. Police possess the warrant, it is not possible for anyone to steal it.

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  • Can you tell me what his chances are with the Maryland VOP's these charges he is on probation for were 7 and 8 years ago.

    Can you help me with this? My son who was sentenced to 3 years in Maryland was extradited to Delaware because he was facing charges there as well. Now this was back in 2007. When he was sentenced on his Delaware charges he was sentenced to 7 yea...

    Michael’s Answer

    Any new charge in any state is a violation of his Maryland probation. Once Maryland sees that he has been punished in Delaware they may not pursue additional punishment. But, you cant rule it out. I don't know enough about your son's history to give you a good prediction. You should retain an attorney to represent him at the vop.

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  • Should this identification be unmissable in court where person who provided photo didn't testify at court

    Alleged shot victim couldn't identify the assultant. Days later after incident victim was interviewed and provided a photo for identification provided by a family member of the victim, who was not at the scene. The family member told victim from h...

    Michael’s Answer

    Your attorney should be able to demonstrate that the identification is not reliable, therefore not admissible at trial.

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  • What can I do I need help

    I work at at a will known company and I was hit in the face by another associate and due to this I have sustained burns on my face. I was then informed that this associate had been down to hr several times for outburst against another associates w...

    Michael’s Answer

    You need to meet with a Delaware workers comp attorney to explain your remedies to you.

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  • Should I reply back to that number and ask more details? Will I be questioned by the police? What should i do to protect myself?

    I have been on this site Seeking Arrangement for a month. During the course of 1 month i have emailed few girls i was interested in meeting and texted some. Most of the texts were general in nature to members who had given there phone numbers i...

    Michael’s Answer

    Ms. Chambers is correct. Don't respond to any communication. Refer them to your attorney if the communication persists.

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  • What happens at a court date when you ask for a payment plan for a traffic ticket?

    I was pulled over a month ago for not stopping at a red light in Delaware somewhere in Wilmington I think but I don't know I was lost. The cop gave me a ticket for $203 and said if I needed a payment plan to ask for one. I did but now I have a let...

    Michael’s Answer

    First, if you have not had a traffic ticket you are eligible for PBJ, meaning you pay the fine but no points. Go to the arraignment and see if you can get the officer to reduce it to Inattentive Driving, which reduces your points. If not, then ask the court for a payment plan, it will work with you. It is unlikely that you will have to pay more, unless they add court costs.

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  • How do I, as the victim, go about having this part of his sentence modified or lifted changed so we can see each other?

    I would like to get a criminal no contact order lifted for my exhusband. He was sentenced to 10 years for rape 2nd w/o consent & possession of deadly weapon in commission of a felony. I was the victim. Through his family I have learned of his self...

    Michael’s Answer

    • Selected as best answer

    The most effective way would be for him to file a motion for sentence modification, and for you to notify the assigned prosecutor that you wish to have contact with him.

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  • Who can see this police report and will future employers be able to see this report and will it be put on my criminal record?

    I'm a college student and a girl I was with ended things and I was fine with it, she said she wanted to be friends still. So I try and be nice but get nothing. I say I things are awkward and that we shouldn't be friends and to not talk. She then s...

    Michael’s Answer

    You need to retain a lawyer to prepare your defense. Police reports are not open to the public. Your arrest record will be available to employers if they follow certain protocol to obtain it. If the charges are dropped, or you are found not guilty, you will be able to expunge your arrest record.

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