§ 6917. Rearrest of discharged person for same offense; exceptions.
§ 6917. Rearrest of discharged person for same offense; exceptions. No person who has been discharged on a habeas corpus shall be again imprisoned or restrained for the same cause, unless the person is indicted therefor, or convicted thereof, or committed for want of bail by some court having jurisdiction of the cause; or unless, […]
§ 6918. Costs and fees.
§ 6918. Costs and fees. The costs in any proceeding under this chapter may be ordered to be paid by the county or otherwise. If the commitment is insufficient, the justice or officer who made it shall have no compensation for attendance. Code 1852, § 2559; Code 1915, § 4490; Code 1935, § 4942; 10 […]
§ 6909. Discharge generally; defects in commitment.
§ 6909. Discharge generally; defects in commitment. (a) If no legal cause be shown for the imprisonment or restraint, the court or judge shall discharge the party therefrom. Any order entered upon a petition for a writ of habeas corpus discharging the prisoner from custody or otherwise granting relief to the prisoner may be appealed […]
§ 6911. Discharge on bail.
§ 6911. Discharge on bail. If the party is detained for any cause or offense for which the party is bailable, the party shall be discharged on becoming bound by recognizance, in a proper sum and with sufficient surety, for appearance at the court having cognizance of the matter. If the party does not give […]
§ 6912. Reduction of excessive bail.
§ 6912. Reduction of excessive bail. If the party is committed on mesne process in a civil action for want of bail, and it appears that the sum required is excessive, the court or judge shall decide what bail is reasonable, and shall order that, on giving such bail, the party shall be discharged. Code […]
§ 6913. Remand.
§ 6913. Remand. If the party is lawfully imprisoned or restrained and is not entitled to be discharged on giving bail, the party shall be remanded or otherwise properly committed. Code 1852, § 2553; Code 1915, § 4485; Code 1935, § 4937; 10 Del. C. 1953, § 6913; 70 Del. Laws, c. 186, § 1;
§ 6914. Delivering copy of warrant or process; penalty.
§ 6914. Delivering copy of warrant or process; penalty. Any officer or such officer’s deputy, neglecting for 6 hours after demand, to deliver a true copy of any warrant or process by which the officer detains a prisoner to any person who demands such copy and tenders a reasonable sum for copying the same, shall […]
§ 6915. Returning writ and producing body; violations and penalties; compelling production.
§ 6915. Returning writ and producing body; violations and penalties; compelling production. (a) If any officer or person to whom the writ of habeas corpus is directed, or any deputy of such officer, or agent of such person, neglects to return the writ and produce the body as required by § 6907 of this title, […]
§ 6916. Evasion of writ; penalty.
§ 6916. Evasion of writ; penalty. Whoever, having in his or her custody or under his or her power, any person entitled to a writ of habeas corpus, whether any writ has been issued or not, with intent to elude the service of such writ, or to avoid the effect thereof, transfers the prisoner to […]
§ 6901. Jurisdiction to grant writs.
§ 6901. Jurisdiction to grant writs. The writ of habeas corpus shall be awarded and issued by the Superior Court except in cases involving child support enforcement in which case the writ shall be awarded and issued by the Family Court. The writ may also be awarded and issued by the Family Court in other […]