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...
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...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Indictment or information pending. – A defendant arrested, held, or present in a county other than that in which an indictment or information is pending against that defendant may state in writing a wish to plead guilty or nolo contendere, to waive trial in...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)In general. The procedure governing search and seizure shall be as provided by 11 Del. C., Chapter 23 or other applicable law.(b)Property or person which may be seized with a warrant [Omitted].(c)Issuance and contents [Omitted].(d)Execution and return with...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Record. – When a case is transferred pursuant to 10 Del. C. ยง 1010, the clerk of the Family Court shall transmit to the prothonotary all papers in the proceeding and any bail taken, and the prosecution shall continue in accordance with these rules.(b)...
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