§ 4503. Convictions before alderman or mayor; advising accused of right to trial by Court of Common Pleas.
§ 4503. Convictions before alderman or mayor; advising accused of right to trial by Court of Common Pleas. (a) Excepting those cases in which the sentence for the conviction of a crime was imprisonment not exceeding 1 month, or a fine not exceeding $100, any person convicted before any alderman or mayor of any incorporated […]
§ 4504. Postconviction remedy.
§ 4504. Postconviction remedy. (a) Except at a time when direct appellate review is available, and subject to the time limitations set forth in this subsection, a person convicted of a crime may file in the court that entered the judgment of conviction a motion requesting the performance of forensic DNA testing to demonstrate the […]
§ 4392. Identification and selection of participants.
§ 4392. Identification and selection of participants. (a) An offender sentenced to supervision Level I, II or III is not eligible for house arrest placement unless specifically ordered by the sentencing judge, or as a result of administrative detention under § 4334(d) of this title. (b) Any person committed to the corrections center to serve […]
§ 4362. Psychiatric examinations.
§ 4362. Psychiatric examinations. (a) When the Board of Pardons considers for recommendation to the Governor, for pardon or commutation of sentence, any person who has been convicted of an act causing death (subpart B of subchapter II of Chapter 5 of this title); sexual offenses (subpart D of subchapter II of Chapter 5 of […]
§ 4393. Requirements for participation.
§ 4393. Requirements for participation. (a) No person shall be eligible for the house arrest program unless the person meets the following requirements: (1) Participation shall be; voluntary. (2) Participation shall be limited to the following types of offenders: a. Individuals found guilty of crimes who, due to the characteristics of the crime and/or the […]
§ 4363. Request for advice from Board of Parole.
§ 4363. Request for advice from Board of Parole. Whenever the Board of Pardons receives an application for recommendation of pardon or commutation of sentence from a person who is in legal custody of the Department of Correction, the Board shall request from the Board of Parole a report summarizing the complete record of such […]
§ 4394. Requirements for continued participation.
§ 4394. Requirements for continued participation. No person shall remain in the house arrest program if such person fails to meet any of the following conditions: (1) Each participant shall perform whatever community service work is assigned by the court or by the Department; (2) Each participant shall remain confined to the residence approved by […]
§ 4364. Effect of pardon; restoration of civil rights.
§ 4364. Effect of pardon; restoration of civil rights. Except as otherwise provided by the Delaware Constitution, or expressly by any provision of the Delaware Code or any court rule, the granting of an unconditional pardon by the Governor shall have the effect of fully restoring all civil rights to the person pardoned. Such civil […]
§ 4501. Formal defects and clerical errors.
§ 4501. Formal defects and clerical errors. In a criminal case, judgment shall not be reversed for any clerical misprision or formal defect, if the record contains substantial ground for judgment. The omission of the words “with force and arms” shall be deemed a defect in form merely. Code 1852, § 2968; Code 1915, § […]
§ 4371. Statement of policy.
§ 4371. Statement of policy. The General Assembly finds that a criminal history is a hindrance to a person’s present and future ability to obtain employment, housing, education, or credit. This subchapter is intended to protect persons from unwarranted damage which may occur when the existence of a criminal history continues indefinitely. 62 Del. Laws, […]