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 | 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 | 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...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.De. R. Crim. P. Super. Ct. 2
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
These rules govern the procedure in all criminal proceedings in Superior Court and in preliminary or supplementary proceedings in other courts when the judge acts as a committing magistrate for Superior Court.De. R. Crim. P. Super. Ct. 1
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