(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 previously imposed unless the court determines that other terms and conditions or termination of release are necessary to assure such person’s presence during the trial or to assure that such person’s conduct will not obstruct the orderly and expeditious progress of the trial.(c) Pending sentence and notice of appeal. – Eligibility for release pending sentence shall be in accordance with 11 Del. C. § 4331(a). Eligibility for release pending notice of appeal or expiration of the time allowed for filing notice of appeal shall be in accordance with 11 Del. C. § 4502. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant.(d) Sureties. –
(1) Justification. – Every surety, except a corporate surety which is approved as provided by law, shall justify by affidavit and may be required to describe in the affidavit the property by which the surety proposes to justify and the encumbrances thereon, the number and amount of other bonds and undertakings for bail entered into by the surety and remaining undischarged and all the other liabilities of the surety. No bond shall be approved unless the surety thereon appears to be qualified.(2) Attorneys and other officers. – The prothonotary and the court shall comply with the prohibition of Supreme Court Rule 83 against attorneys or other court officers acting as surety.(e) Forfeiture. –
(1) Declaration. – If there is a breach of condition of a bond, the court shall declare a forfeiture of the bail.(2) Setting aside. – The court may direct that a forfeiture be set aside in whole or in part, upon such conditions as the court may impose, if a person released upon execution of an appearance bond with a surety is subsequently surrendered by the surety into custody or if it otherwise appears that justice does not require the forfeiture.(3) Enforcement. – When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon. By entering into a bond the obligors submit to the jurisdiction of the court and irrevocably appoint the prothonotary as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the prothonotary, who shall forthwith mail copies to the obligors to their last known addresses.(4) Remission. – After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in paragraph (2) of this subdivision.(f) Exoneration. – When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.(g) Supervision of detention pending trial. – The court shall exercise supervision over the detention of defendants and witnesses within the county pending trial for the purpose of eliminating all unnecessary detention. The attorney general shall make a report when requested by the court as to defendants and witnesses who have been held in custody pending indictment, arraignment or trial of the reasons why such witness should not be released with or without the taking of a deposition pursuant to Rule 15(a) and why the defendant is still held in custody.(h) Forfeiture of property. – Nothing in this rule shall prevent the court from disposing of any charge by entering an order directing forfeiture of property if the value of the property is an amount that would be an appropriate sentence after conviction of the offense charged and if such forfeiture is authorized by statute.(i) Modification for delay. – If there is unnecessary delay in presenting the charge to a grand jury or in filing an information against a defendant who has been held to answer in Superior Court, or if there is unnecessary delay in bringing a defendant to trial, the court may modify the terms for release on bail.
