by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) By attorney general. – The attorney general may without leave of the court file a dismissal of an indictment, information or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
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 | Criminal Procedure, Delaware, Superior Court
(a) Release prior to trial. – Eligibility for release prior to trial shall be in accordance with 11 Del. C., c. 21.(b) Release during trial. – A person released before trial shall continue on release during trial under the same terms and conditions as were...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(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...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(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. ยง 5103, to represent that defendant at every stage of the proceedings from initial appearance before the...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(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 the return of the verdict, and at the imposition of sentence, except as otherwise provided...
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