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 | Criminal Procedure, Delaware, Superior Court
(a) Trial by jury. – Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the state.(b) Jury of less than twelve. – Juries shall be of 12 but at any time...
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 | Criminal Procedure, Delaware, Superior Court
A motion to transfer under these rules may be made at or before arraignment or at such other time as the court or these rules may prescribe.De. R. Crim. P. Super. Ct. 22
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) For prejudice in the county. – The court upon motion of the defendant shall transfer the proceeding as to that defendant to another county whether or not such county is specified in the defendant’s motion if the court is satisfied that there exists in...
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