Arraignment trial delaware

The prosecuting agency must prove its case beyond a reasonable doubt. Cross examination. After the witness finishes his or her direct testimony and introduces any evidence the witness may have, the defendant or court may cross-examine the witness.

Cross-examination means asking the witness questions regarding anything about which the witness testified. The defendant should not start telling his or her side of the story at this time. The defendant will be given an opportunity to explain the defendant's defense after all the witnesses for the plaintiff have testified.

Testimony for the defendant. When the prosecuting agency has presented all of its witnesses and evidence, the defendant may present his or her defense, calling any witnesses and presenting any evidence the defendant may have.

The defendant may, but is not required because the defendant has the right to remain silent to testify. The prosecuting agency or judge may cross-examine the defendant's witnesses, including the defendant, if the defendant testifies. After the defense has been presented, the prosecuting agency may call any rebuttal witnesses. Rebuttal witnesses are witnesses for the prosecuting agency who seek to rebut the testimony of the defendant's witnesses.

Closing Statements. When both sides have presented all of their evidence and testimony, the prosecuting agency may summarize his or her side of the case by telling the court what he or she thinks has been proved. The defendant is then given the opportunity to summarize his or her side of the case. Usually, the judge will render the verdict upon the close of the trial. However, at times, the judge may require more time to consider the verdict and will reserve judgment to a later date.

When the judge does this, you will be notified as to when to return to court for the verdict. What can my sentence include? Depending upon the offense and other factors, your sentence will include one or more of the following:.

Jail time, fines and court costs but not restitution, Victim's Compensation, or Videophone assessments may be suspended and the defendant placed on probation, if the judge finds that this is appropriate. In some cases, the court may choose to impose probation in addition to, or instead of, a fine or jail time. In addition, if the offense caused injury to another person or damage to their property, the defendant may be required to pay restitution to the victim to pay for treatment for the victim's injury or repair or replacement of their property.

In determining the sentence, the judge will take into account the type of offense, as well as the defendant's prior criminal history, the need for community protection, and the possibility of rehabilitation of the defendant. Payment of fines and court costs is to be made at the time of sentencing, unless you make other arrangements with the Court.

If you do not believe that you will be able to pay a fine for which you are sentenced, you should tell the judge. The judge may ask you to sign a deferred payment plan under which you agree to pay your fine over time. Or, the judge may order you to report to the Department of Corrections for work referral instead of paying your fine.

Assessments for the Victim's Compensation Fund and Restitution cannot be paid off through work referral. If you have signed a deferred payment plan and are not able to make a deferred payment, you should contact the Court before your next payment is due so that your deferral schedule can be revised or you can be assigned to work referral.

Appeals, other than those involving violations of local or county ordinances or codes, must be filed with the Court of Common Pleas within 15 days of the date of sentencing in the Justice of the Peace Court. Appeals involving violations of local or county ordinances or codes must be made within 5 days excluding weekends and State holidays from the date of conviction. A new trial will be held on appeal.

Additional legal terms are defined in the Glossary found in the Resources section of this web site. Bail is the security posted by the defendant or a surety to ensure the defendant's appearance at a later time.

Once the defendant timely appears for all court proceedings and the defendant's trial has concluded, any money or property posted as bail is returned to the individual who posted it. If you are sentenced to community service, you will be required to work for a nonprofit or other tax-supported entity without pay for a specified period of time.

You will also be placed on probation and if you fail to complete your required community service, you may be charged with a violation of probation. When a defendant is released from custody prior to trial, the Court may, in addition to any bail set, order that the defendant comply with certain conditions. These may include, but are not limited to such things as ordering the person to have no contact with a specified person or persons no contact order , requiring a psychiatric examination, placing restrictions on travel or consumption of alcohol or drugs.

Probation is the sentencing of an offender by the court subject to the conditions imposed by the court, including the supervision and guidance of the Department of Corrections.

If a defendant is placed on probation, the Court may suspend all or part of a jail sentence or fine. The Court may also order the defendant on probation to comply with special conditions such as completing a course of counseling or treatment.

Some of these factors include the risk of flight by the defendant, the type of alleged crime, how long the defendant has lived in Delaware, the safety of the community and the defendant's criminal history if any. Bail may be imposed with certain conditions, such as, a no contact order with the alleged victim in the case. The defendant is not required to pay any money, but must sign a bond guaranteeing their appearance for future court appearances.

If the defendant does not appear, the Court will require the defendant to pay a designated amount of money. The defendant must pay the Court a designated amount of money or post security in the amount of the bail in order to be released. The defendant, and the co-signer, if any, must sign the bond that guarantees the defendant's appearance at future court appearances. A plea bargain is a negotiated agreement between the defendant and the Deputy Attorney General on behalf of the State to dispose of a criminal case.

It often involves the defendant agreeing to plead guilty to lesser charges, or a guilty plea to some of the charges in exchange for other charges being dropped. When a charge is dropped by the State, the Deputy Attorney General will enter a nolle prosequi in the case, meaning that the State is choosing not to prosecute the charge at this time.

It may also involve the defendant agreeing to plead guilty as charged, with the prosecution recommending leniency to the sentencing judge. DUI Assistance. Mike gave me great legal advice. He negotiated a fair plea agreement. I was kept informed. I hope never to need is services as an attorney again, Modica saved me. I got into big trouble, and was unfortunately charged two felonies and one domestic violence.

One of them is mandatory three year prison time Modica, Attorney at Law. All rights reserved. This law firm website is managed by MileMark Media. Close Menu. Menu Call Email Visit Search.

Arrest and Booking An arrest typically occurs in one of two ways, either: When a law enforcement officer actually sees you commit a crime or has probable cause to believe you are engaging in criminal activity; OR, When a warrant for your arrest is issued by a judge, who was presented with probable cause regarding criminal activity. What Happens at Arraignment The arraignment proceeding is the first official reading of the charges against you in a criminal case. In addition: The judge will set bail based upon the nature of the alleged crime, your criminal history, potential risk of flight from the jurisdiction, and other factors.

Under Delaware law you may be released on a signature or cash bond, or secured or unsecured bond; if the charges involve serious criminal offenses, you may be denied bail.

You will be required to enter a plea to the criminal charges. Guilty: Once you plead guilty to a crime, the proceeding moves immediately to the sentencing process.

There is no trial, because you have already admitted to the offense.