by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Probable cause finding. – If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the defendant shall forthwith be held to answer in Superior Court. The finding of...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(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 twelve but at any time before verdict...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) In general. – An officer making an arrest under a warrant issued upon a complaint or any person making an arrest without a warrant shall take the arrested person without unreasonable delay before the nearest available committing magistrate of the county in...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Issuance.-If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
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.Del. Crim. R. C.P. 22
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Commencement. – Proceedings may be instituted by indictment, by complaint or, when lawful, by information or by arrest or summons without a warrant or complaint.(b) Complaint.- The complaint is a written statement of the essential facts constituting the...
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