What To Do If You Are On Trial For a Crime in Delaware

Persons on trial for a crime in Delaware generally have a right to legal representation. Other rights, as specified in the Delaware Criminal Code, include the right to remain silent and the right to a speedy, fair, and public trial. Depending on the severity of the crime, defendants may choose to be tried by a jury or a judge. Jury trials in Delaware are typically taken to the Superior Court, while bench trials may be resolved at the Court of Common Pleas. During the trial, the alleged offender may agree to a plea bargain to resolve the criminal case quickly, saving time and reducing the cost of legal fees. In such instances, the defendant usually pleads guilty in exchange for a lesser sentence.

What Percentage of Criminal Cases Go To Trial in Delaware?

According to the 2018 caseload statistics published by the Delaware Judicial Branch, approximately 5,056 criminal cases and 13,076 civil cases were filed at the superior court. Of this number, 206 (4%) cases went to trial, while 3,443 (68%) cases were resolved during plea bargains. In summary, most criminal cases in Delaware are resolved through plea agreements and never go to trial.

When Does a Criminal Defendant Have the Right to a Trial?

In Delaware, the right to a trial is the fundamental right of an accused criminal. However, this right may be waived by the offender. Most offenders choose a plea bargain to negotiate the fines and penalties associated with their crimes. Generally, a criminal trial is set up when the defendant pleads not guilty to the charges presented during the arraignment.

What Are the Stages of a Criminal Trial in Delaware?

A selected jury or presiding judge may hear criminal trials in Delaware. The four stages of non-jury trials in Delaware are:

• Opening statements
• Presentation of evidence and witnesses
• Closing arguments
• Verdict

On the other hand, here are the seven stages of jury trials in Delaware:

• Selection of the jury
• Opening statements from both parties
• Presentation of evidence and witnesses
• Closing arguments
• Jury instructions
• The verdict of the jury
• Jury information

How Long Does it Take for a Case to Go to Trial in Delaware?

The speedy trial policy in Delaware requires that all criminal cases be resolved within one year. As such, all criminal proceedings before the trial are expected to take place within the specified time. However, a case may take some months or even a year to reach trial, often due to the filing of allegations against the defendant. Misdemeanors and other minor crimes require shorter waiting periods before trial. The accused offender may also waive the right to a speedy trial for further investigation.

What Happens When a Court Case Goes to Trial in Delaware?

Alleged offenders are generally expected to appear in court. The indictment or trial information is read to the defendant, who may plead guilty or not guilty to the charges leveled. In Delaware, every suspect is presumed innocent until proven guilty. Therefore, if the defendant pleads not guilty, the case may proceed to the trial stage. At the arraignment, the defendant may also choose to be tried by a judge or jury.

Non-jury or bench trials are presided over by the judge, who gives the final judgment. This trial starts with the state prosecutor’s opening statement, who is elected by the Attorney General of Delaware. Afterward, the defendant may also make an opening statement. The state representative is expected to present witnesses after the opening statement, and the state prosecutor may question each witness, the defendant’s lawyer, and the judge.

After direct and cross-examining the defendant’s witnesses, rebuttals and arguments proceed. Rebuttals are evidence or witnesses called to oppose the evidence submitted by the other party. Both sides may present closing arguments before the judge passes the final judgment.

A jury trial is typically presided over by the judge while the jury passes the verdict. This trial follows a similar pattern to the non-jury trial. However, after the closing arguments, the judge reads out the jury’s instructions. After the charge is given, the jurors may take time to deliberate on their decision before presenting the final verdict to the foreperson.

What Does it Mean to be Indicted in Delaware?

An indictment is simply a formal accusation, not a finding of guilt. The defendant remains presumed innocent until proven guilty at trial. An indictment in Delaware is a grand jury’s written finding that a crime occurred, and the defendant is most likely responsible. This finding allows the prosecution to proceed with charging the suspect for the crime (Delaware DOJ). A prosecutor presents evidence (often through a police witness) in a closed grand jury session; the defendant and defense lawyers do not attend.

A grand jury usually handles Delaware felony charges: New Castle County juries have 15 members (9 must agree to indict), and Kent/Sussex County juries have 10 members (7 must agree) (10 Del. C. § 4505).

After an indictment, the case moves forward: the defendant is arraigned in Superior Court, where the judge reads the charges and the defendant enters a plea (Delaware DOJ). If no indictment or if the defendant waives it, the prosecutor may use formal information instead.

Does Indictment Mean Jail Time in Delaware?

No. Delaware law generally requires that a person accused of a bailable offense be released on an appropriate bond or under suitable conditions. The court “shall release a defendant accused of a bailable crime” if the defendant is likely to appear and poses no substantial risk (11 Del. C. § 2105).

Jail detention occurs only in certain instances: for example, capital crimes have no bail (11 Del. C. § 2103), and a judge may deny bail if the defendant is deemed a serious flight risk or a danger. Also, if bail is set but unaffordable, the defendant may remain in custody until trial.

If released on bond, the defendant must appear for all hearings (including bail review and trial). Any jail or prison time ultimately comes only after a conviction (by guilty plea or trial), not merely from being indicted.

Can You Be Put on Trial Twice for the Same Crime in Delaware?

No, the double jeopardy clause under the Delaware Constitution and the United States Fifth Amendment protects criminal defendants from being sentenced (or acquitted or convicted) twice for the same crime. Note that criminal cases are not the same if:

• Both offenses typically require evidence of an additional fact that is not contained in the other crime.
• Different verdicts were given for separate offenses that violate the same statute.
• The same offense constitutes a violation of the laws of more than one jurisdiction.

How Do I Look Up a Criminal Court Case in Delaware?

In Delaware, criminal court records are accessible to members of the public, as stated in the Delaware Freedom of Information Act. As a result, interested individuals may contact the approved authorities in the state to access criminal case files. Requesters may contact the court administrator in each superior court to obtain access to these records. Note that not all information on a criminal case record is open to the public.

How to Access Electronic Court Records in Delaware

The Delaware Judiciary only makes provisions for electronic civil court records. Requesters may only gain access to criminal court records by visiting the courthouse where the final verdict was passed. To look up civil court records online, requesters should navigate to the Delaware State CourtConnect website. Civil court records can be accessed through the statewide repository by entering the person’s name, business, or case type. Interested persons may also search for judgments against companies or individuals.

Public Delaware criminal records may also be accessible through third-party websites. These sites may offer the convenience of a statewide database, allowing individuals to perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides.

Since third-party sites are independent of government sources and not sponsored by these agencies, the availability, accuracy, and validity of records may not be guaranteed.

How Do I Remove Public Court Records in Delaware?

Public court records in Delaware may be removed or concealed from the public in two ways. The first method, known as mandatory expungement, is handled by the State Bureau of Identification. The SBI, a unit under the Delaware State Police, may grant the expungement application if the conviction occurred at least five years ago and the offender has no other conviction history. Ex-convicts ineligible for the first method may try the second, which is discretionary expungement. In this method, the offender may submit an expungement petition form to the superior court. Note that at least seven years should have passed since the conviction before making this request. The Attorney General of Delaware may respond to the petition while the superior court weighs the facts and sets a hearing to determine if the request should be granted.