Rule 20 – Transfer from the County for Plea and Sentence

May 15, 2021 | Common Pleas, Criminal Procedure, Delaware

(a)Information pending. A defendant arrested, held or present in a county other than that in which an information is pending against that defendant may state in writing a wish to plead guilty or nolo contendere, to waive trial in the county in which the information is pending, and to consent to disposition of the case in the county in which that defendant is arrested, held, or present, subject to the approval of the attorney general. Upon receipt of the defendant’s statement and of the written approval of the attorney general, the clerk of the county in which the information is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the county in which the defendant is arrested, held, or present, and the prosecution shall continue in that county.
(b)Information not pending. A defendant arrested, held, or present, in a county other than the county in which a complaint is pending against the defendant may state in writing a wish to plead guilty or nolo contendere, to waive venue and trial in the county in which the warrant was issued, and to consent to disposition of the case in the county in which that defendant was arrested, held or present, subject to the approval of the attorney general. Upon filing the written waiver of venue in the county in which the defendant is present, the prosecution may proceed as if venue were in such county.
(c)Effect of not guilty plea. If after the proceeding has been transferred pursuant to the subdivision (a) or (b) of this rule the defendant pleads not guilty, the clerk shall return the papers to the county in which the prosecution was commenced, and the proceeding shall be restored to the docket of the court in that county. The defendant’s statement that the defendant wishes to plead guilty or nolo contendere shall not be used against that defendant.

Del. Crim. R. C.P. 20