Rule 38 – Stay of Execution

May 15, 2021 | Common Pleas, Criminal Procedure, Delaware

(a)Imprisonment. A sentence of imprisonment shall be stayed if an appeal is taken from the conviction or sentence and the defendant is released pending disposition of the appeal pursuant to Superior Court Rule 39.
(b)Fine. A sentence to pay a fine, or a fine and costs, or any payment pursuant to 11 Del. C., Chapter 90, if an appeal is taken, may be stayed upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs with the clerk, or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating such defendant’s assets.
(c)Partial confinement; probation. A sentence of partial confinement or probation may be stayed if an appeal from the conviction or sentence is taken. If the sentence is stayed, the court shall fix the terms of the stay.
(d)Disabilities. A civil or employment disability arising under a statute by reason of the defendant’s conviction or sentence, may, if an appeal is taken, be stayed by the court upon such terms as the court finds appropriate. The court may take any other action that may be reasonably necessary to protect the interest represented by the disability pending disposition of the appeal.

Del. Crim. R. C.P. 38