§ 5917. Jurisdiction over violations of ordinances, codes and regulations of the governments of the several counties and municipalities; penalty; appeal; disposition of fines.
§ 5917. Jurisdiction over violations of ordinances, codes and regulations of the governments of the several counties and municipalities; penalty; appeal; disposition of fines. (a) Justices of the peace shall have jurisdiction throughout the State to hear, try and finally determine any violation or violations of any ordinance, code or regulation of the governments of […]
§ 5918. Records of warrants and bonds.
§ 5918. Records of warrants and bonds. All traffic and criminal warrants and bonds shall be retained of record in the Justice of the Peace Court that issued same. A justice of the peace shall certify transcripts of such records to be a true copy of the original. 27 Del. Laws, c. 275; Code 1915, […]
§ 5307. Legal counsel for public officers and employees.
§ 5307. Legal counsel for public officers and employees. Any public officer or employee, in any criminal action against such officer or employee arising from the officer’s or employee’s state employment, shall be entitled to petition the Court for a Court-appointed attorney to represent the officer’s or employee’s interests in the matter. If the Judge, […]
§ 5920. Appeals.
§ 5920. Appeals. From any order, ruling, decision, judgment or sentence of the Court entered in a Justice of the Peace Court in a criminal action pursuant to this title in which the sentence shall be imprisonment exceeding 1 month or a fine exceeding $100, the accused shall have the right of appeal to the […]
§ 5308. Preliminary hearing.
§ 5308. Preliminary hearing. A Court of Common Pleas Judge shall conduct a preliminary hearing in accordance with the rules of criminal procedure promulgated by the Court of Common Pleas. 61 Del. Laws, c. 348, § 1;
§ 5901. Advising accused of right to trial by Court of Common Pleas.
§ 5901. Advising accused of right to trial by Court of Common Pleas. In all criminal cases in all counties where a justice of the peace has jurisdiction to hear and determine the matter and the accused has the right to elect to have the case tried by the Court of Common Pleas, every justice […]
§ 5902. Assault; trial procedure.
§ 5902. Assault; trial procedure. In every case of assault in which the defendant elects to be tried in the Justice of the Peace Court, the prosecution shall proceed consistent with the Justice of the Peace Court Criminal Rules. Code 1852, § 2016; Code 1915, § 3958; Code 1935, § 4458; 11 Del. C. 1953, […]
§ 5903. Arrest upon complaint; escaped persons.
§ 5903. Arrest upon complaint; escaped persons. Every justice of the peace shall cause to be arrested, on proper complaint, all persons found within the justice’s county charged with any offense and all persons who, after committing any offense in such county, shall escape out of the same. Code 1852, § 2035; Code 1915, § […]
§ 5906. Examination of law-enforcement officer’s; warrant of arrest; form.
§ 5906. Examination of law-enforcement officer’s; warrant of arrest; form. (a) When complaint is made in due form to a justice of the peace by a law-enforcement officer, alleging that an offense has been committed, the justice shall carefully examine the law-enforcement officer on oath or affirmation and if the justice considers there is probable […]
§ 5908. Execution of warrant of arrest.
§ 5908. Execution of warrant of arrest. A warrant of arrest, issued by a justice of the peace in 1 county, may be executed in any county of the State. The constable or officer having it in hand may command aid as in the constable’s or officer’s own county. Code 1852, § 2036; Code 1915, […]