Title 11 — Crimes and Criminal Procedure
52 chapters · 355 sections in this title.
11 Del. C. § 2101. Purposes of this chapter [Effective July 1, 2026].
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§ 2101. Purposes of this chapter [Effective July 1, 2026]. It is the purpose of this chapter to reform the system governing the release of defendants pending a final determination of guilt of such persons. The various courts of this State shall make individualized decisions about…
11 Del. C. § 2102. Definitions [Effective July 1, 2026].
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§ 2102. Definitions [Effective July 1, 2026]. For purposes of this chapter: (1) “Attorney General” includes any Deputy Attorney General or any other prosecutor of the State, county or municipality. (2) “Bail” means the pretrial release of a defendant from custody upon the terms a…
11 Del. C. § 2103. Persons charged with a capital crime [Effective July 1, 2026].
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§ 2103. Persons charged with a capital crime [Effective July 1, 2026]. (a) A capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a tri…
11 Del. C. § 2103A. Detention of youth charged with Superior Court offenses [Repealed].
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§ 2103A. Detention of youth charged with Superior Court offenses [Repealed].69 Del. Laws, c. 354, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 597, § 2; 71 Del. Laws, c. 5, § 1; 72 Del. Laws, c. 149, § 1; repealed by 81 Del. Laws, c. 307, § 1, effective July 11, 2018.;
11 Del. C. § 2104. Release of defendants charged with a noncapital crime [Effective July 1, 2026].
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§ 2104. Release of defendants charged with a noncapital crime [Effective July 1, 2026]. (a) Any person who is arrested and charged with any crime other than a capital crime shall be released upon execution of 1 of the following: (1) A conditions of release bond. (2) A conditions …
11 Del. C. § 2105. Release under a conditions of release bond or conditions of release bond not guaranteed by financial terms [Effective July 1, 2026].
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§ 2105. Release under a conditions of release bond or conditions of release bond not guaranteed by financial terms [Effective July 1, 2026]. (a) Consistent with § 2101 of this title, the court shall impose the least restrictive conditions of release possible that reasonably assur…
11 Del. C. § 2106. Posting of operator’s license as security for court appearance [Repealed].
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§ 2106. Posting of operator’s license as security for court appearance [Repealed].63 Del. Laws, c. 215, § 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 4; repealed by 79 Del. Laws, c. 36, § 1, eff. June 4, 2013.;
11 Del. C. § 2107. Determining the amount of bail [Effective July 1, 2026].
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§ 2107. Determining the amount of bail [Effective July 1, 2026]. (a) In determining the amount of bail to be required to be posted as surety under § 2105 of this title or to be required for a conditions of release bond not guaranteed by financial terms, the court may not require …
11 Del. C. § 2108. Conditions for release [Effective July 1, 2026].
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§ 2108. Conditions for release [Effective July 1, 2026]. (a) In addition to the mandatory conditions set forth in § 2104(b) of this title, in connection with any form of bail for a defendant the court may also impose 1 or more of the following conditions: (1) Place the defendant …
11 Del. C. § 2109. Failure to provide a conditions of release bond, whether guaranteed by financial terms or not, or consent to conditions; contact with victim or victim’s family [Effective July 1, 2026].
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§ 2109. Failure to provide a conditions of release bond, whether guaranteed by financial terms or not, or consent to conditions; contact with victim or victim’s family [Effective July 1, 2026]. (a) If the defendant does not provide the form of conditions of release bond required …
11 Del. C. § 2110. Modification of bail, security or conditions of release and sanctions for violation [Effective July 1, 2026].
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§ 2110. Modification of bail, security or conditions of release and sanctions for violation [Effective July 1, 2026]. (a) Unless reviewed earlier, a court with jurisdiction over the defendant shall review conditions of pretrial release for a defendant who remains detained after 7…
11 Del. C. § 2111. Procedure for pretrial release or implementing this chapter.
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§ 2111. Procedure for pretrial release or implementing this chapter. Except as provided herein, the procedure for pretrial release or implementing this chapter shall be as provided by the Rules of the Superior Court.11 Del. C. 1953, § 2111; 56 Del. Laws, c. 231, § 1; 79 Del. Laws…
11 Del. C. § 2112. Bail after transfer to another court or after conviction [Effective July 1, 2026].
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§ 2112. Bail after transfer to another court or after conviction [Effective July 1, 2026]. Once bail has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction, the latter court may continue the original bail in that court…
11 Del. C. § 2113. Penalties for noncompliance with conditions of release bond [Effective July 1, 2026].
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§ 2113. Penalties for noncompliance with conditions of release bond [Effective July 1, 2026]. (a) If the defendant fails to appear as required by the defendant’s bail or commits a material breach of the conditions set forth in § 2104(b) or § 2108 of this title, the court shall is…
11 Del. C. § 2114. Administration of this chapter [Effective July 1, 2026].
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§ 2114. Administration of this chapter [Effective July 1, 2026]. (a) The Department of Correction shall administer the provisions of this chapter that are not exclusively within the jurisdiction of the courts. (b) The Commissioner of the Department of Correction may employ such s…
11 Del. C. § 2115. Forfeiture and default of bail bonds [Effective July 1, 2026].
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§ 2115. Forfeiture and default of bail bonds [Effective July 1, 2026]. (a) If the defendant fails to appear as required or is found in breach of a material condition of release imposed by any court while under a bond, and the court under this chapter or court rule finds the defen…
11 Del. C. § 2116. Preventive detention [Effective July 1, 2026].
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§ 2116. Preventive detention [Effective July 1, 2026]. (a) Purpose. — The purpose of this section is to provide the court with the authority to make transparent decisions to detain certain detention-eligible defendants pending a final determination as to the guilt of the defendan…