by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Notice by defendant; state response; disclosure of witnesses.(1) Defendant’s notice and state’s response. A defendant intending to claim a defense of actual or believed exercise of public authority on behalf of a law enforcement or federal intelligence...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Defense of insanity. If a defendant intends to rely upon the defense of insanity at the time of the alleged offense, the defendant shall, within the time provided for the filing of pretrial motions or at such later time as the Court may direct, notify the Attorney...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
Del. Crim. R. C.P. 12.1
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Pleadings and motions. Pleadings in criminal proceedings shall be by information, and pleas of not guilty, guilty, nolo contendere, and guilty but mentally ill. All other pleas, and demurrers and motions to quash are abolished, and defenses and objections raised...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Alternatives.(1) In general. A defendant may plead not guilty, guilty, nolo contendere, or guilty but mentally ill. If a defendant refuses to plead or if a defendant corporation fails to plead, the Court shall enter a plea of not guilty.(2) Conditional pleas...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Arraignments in open court. Except as otherwise provided in this rule, arraignments shall be conducted in open court. The defendant or defendant’s attorney shall be given a copy of the information before the defendant is called upon to plead. A reading of the...
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