Title 11 — Crimes and Criminal Procedure
52 chapters · 355 sections in this title.
11 Del. C. § 5301. General provisions.
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§ 5301. General provisions. (a) The accused shall have the right to trial by petit jury in all criminal cases except as otherwise provided by statute. (b) The Court shall have the power to receive pleas of guilty from persons charged with misdemeanors and to impose sentence or pr…
11 Del. C. § 5302. Rules of criminal procedure.
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§ 5302. Rules of criminal procedure. The Judges of the Court, or a majority of them, may, from time to time, adopt and promulgate general rules which prescribe and regulate the form and manner of process, pleading, practice and procedure governing criminal proceedings in the Cour…
11 Del. C. § 5303. Election by accused to have case tried by Court when proceeding brought before justice of the peace.
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§ 5303. Election by accused to have case tried by Court when proceeding brought before justice of the peace. The accused in all criminal cases in which there is a possibility that a period of incarceration may be imposed or the maximum fine is $100 or more where a justice of the …
11 Del. C. § 5304. Contempt; issuance of process in aid of jurisdiction.
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§ 5304. Contempt; issuance of process in aid of jurisdiction. (a) The Court may punish contempt and may issue all process necessary for the exercise of its criminal jurisdiction, which process may be executed in any part of the State. (b) The Court, in the exercise of its crimina…
11 Del. C. § 5305. Bail and commitment upon election to trial by Court.
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§ 5305. Bail and commitment upon election to trial by Court. (a) In all those cases where, by § 5303 of this title, the accused may elect to be tried by the Court, if the accused elects to be tried by the Court, the justice of the peace shall hold such accused under sufficient ba…
11 Del. C. § 5306. Witness fees.
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§ 5306. Witness fees. (a) The witnesses attending the Court in criminal cases shall receive the same fees as in the Superior Court. (b) In criminal cases witness fees shall be taxed as part of the costs of such proceeding.11 Del. C. 1953, § 5306; 59 Del. Laws, c. 133, § 3;
11 Del. C. § 5307. Legal counsel for public officers and employees.
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§ 5307. Legal counsel for public officers and employees. Any public officer or employee, in any criminal action against such officer or employee arising from the officer’s or employee’s state employment, shall be entitled to petition the Court for a Court-appointed attorney to re…
11 Del. C. § 5308. Preliminary hearing.
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§ 5308. Preliminary hearing. A Court of Common Pleas Judge shall conduct a preliminary hearing in accordance with the rules of criminal procedure promulgated by the Court of Common Pleas.61 Del. Laws, c. 348, § 1;