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Rule 48 – Nolle Prosequi and Dismissal

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

(a)Nolle prosequi by Attorney General. The Attorney General may file in open court, either orally or in writing, a nolle prosequi of an information and the prosecution thereof shall thereupon terminate, provided, however, that in any case in which a plea of guilty shall have been entered or a verdict of guilty returned, a nolle prosequi shall be filed and entered only by and with the consent of the Court.
(b)Dismissal by Court. If there is unnecessary delay in the filing of an information against a person held to answer, the Court may dismiss all proceedings in that action and release the accused and vacate any appearance bonds, notwithstanding the provisions of Rule 46(i).

If there is unnecessary delay in bringing the defendant to trial, the Court may dismiss the information.

Del. Crim. R. C.P. 48