Facing a criminal charge in Delaware

Bond and pretrial release in Delaware

Article I Section 12 of the Delaware Constitution provides that all prisoners shall be bailable by sufficient sureties except for capital offenses when proof is positive or presumption great. 11 Del. C. Sec. 2104 directs the court to impose the least restrictive conditions that will reasonably assure appearance and community safety. 11 Del. C. Sec. 2105 enumerates release options including unsecured personal bond, secured cash bond, and surety bond. Delaware uses a structured bail decision matrix and recently updated its risk assessment under Senate Bill 11 (2018) and Senate Bill 12 (2018), shifting toward non-monetary conditions for low-risk defendants. Court of Common Pleas Criminal Rule 46 and Superior Court Criminal Rule 46 govern bail modification procedures.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving Delaware

Our directory is still building in Delaware. Public-defender intake is available now.

Record clearing in Delaware

Delaware record expungement is governed by 11 Del. C. 4371 through 4377, as amended by the Adult Expungement Reform Act (SB 111, effective 2022). The statute creates a mandatory automatic pathway for certain eligible records and a petition-based pathway for discretionary expungements. The statute provides mandatory automatic expungement for arrests without conviction and certain misdemeanor convictions after a three- or five-year waiting period, and discretionary petition-based expungement for other eligible offenses after a seven-year felony waiting period. Sex offenses, weapons offenses, and felony domestic violence are excluded. The petition is filed with the State Bureau of Identification and the appropriate court.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in Delaware

Office of Defense Services serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.