by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
An application to the Court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the Court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Release prior to trial. Eligibility for release prior to trial shall be in accordance with 11 Del. C., Chapter 21. (b)Release during trial. A person released before trial shall continue on release during trial under the same terms and conditions as were previously...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by statute, the day of the act, event or default after which the designated period of time begins to run shall not be included. The last day of the period so...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Right to assigned counsel. Every defendant who is unable to obtain counsel shall be entitled to have counsel assigned, pursuant to 11 Del. C. { 5103, to represent that defendant at every stage of the proceedings from initial appearance before the committing...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Presence required. The defendant shall be present at the arraignment, at the time of the plea, at every stage of the trial including the impaneling of the jury and return of the verdict, and at the imposition of sentence, except as otherwise provided by this...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Summary disposition. A criminal contempt under 11 Del. C. { 1271 may be punished summarily if the Judge certifies that the Judge saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the Court. The order of contempt...
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