§ 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 […]
§ 5131. Legislative intent.
§ 5131. Legislative intent. The General Assembly finds that it is necessary to provide child victims and witnesses with additional consideration and different treatment than that usually required for adults. It is therefore the intent of the General Assembly to provide each child who is involved in a criminal proceeding within the Superior Court with […]
§ 5132. Definitions.
§ 5132. Definitions. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Child” shall mean a person who has not yet reached their eighteenth birthday. (2) “Victim” or “witness” shall not include any […]
§ 5133. Expedited proceedings.
§ 5133. Expedited proceedings. In all criminal proceedings in the Superior Court involving a child victim or witness, the Court and the prosecution shall take appropriate action to ensure a prompt trial in order to minimize the length of time a child victim or witness must endure the stress of the victim’s or witness’ involvement […]