Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu
Michael W. Modica Law Your Cause Is My Purpose.
  • Fights Hard to Win
  • ~
  • Contact Us Today

Do I Need A Delaware Defense Attorney For Theft Charges?


If you have been arrested on any criminal charges in Delaware, you have an important decision to make as promptly as possible. You will need to determine whether you will retain legal counsel for your defense, or you want to take matters into your own hands to fight the charges. When it comes to theft offenses, one factor to consider is the punishment you could face. Under Delaware laws on theft, the crime could range from a lower level misdemeanor to serious felony. Penalties for a conviction may be a fine and minimal jail time, but theft can carry up to 25 years in prison.

The potential punishment is a motivating factor, but there are additional reasons you need legal representation to fight theft charges. Navigating the criminal process is complicated, and you must develop appropriate defense strategies at different stages. Some additional information on why you need a Wilmington theft defense attorney should be convincing.

The Government Has Representation: In theft and other criminal cases, the government is the plaintiff and the prosecutor serves as its lawyer. You are at a disadvantage, since the prosecution has years of experience pursuing charges against defendants and focused knowledge in criminal law. Prosecutors apply their skills to develop strategies designed to convict, and having your own attorney ensures you have a plan to counter these tactics.

 Disproving the Government’s Case: In court, the prosecution is the first to present witness testimony and exhibits. The government must meet its burden to prove guilt beyond a reasonable doubt, with respect to each element of a theft offense. If it fails at this stage, the charges could be dismissed even before you have to present a defense. A lawyer helps by identifying weaknesses in the prosecutor’s evidence and exploiting them. For instance, in cases involving unlawful search and seizure, evidence could be tossed out of court – leaving the government without a case.

 Presenting Defenses: When it is your turn to present evidence to fight theft charges, everything is riding on your defense. To underscore the need for representation, consider the following questions:

  • What defenses are available to theft charges?
  • Are you prepared to examine and cross-examine witnesses on the stand?
  • Do you know how to get evidence admitted into court?
  • How do you make objections during your trial? 

A theft crimes defense attorney can respond to these questions as a matter of routine, whereas you could struggle with answers.

 Representation at Sentencing: In many cases, you will be sentenced at a separate hearing if found guilty at trial. This is another official proceeding that could affect your rights, so legal assistance is important for ensuring the best possible result.

Contact a Delaware Theft Crimes Defense Lawyer About Options

There is no question that having legal counsel on your side gives you an advantage over trying to represent yourself in a criminal matter. To learn how our team will fight the charges, please call 302.600.1262 or go online to set up a consultation with Attorney Michael W. Modica. Once we review your situation, we can discuss defense strategies.

By submitting this form I acknowledge that form submissions via this website do not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege.

Skip footer and go back to main navigation