Criminal Division - The Criminal Division of the Department of Justice is responsible for the prosecution of criminal cases. Its mission is to represent the State in all criminal cases, and in so doing safeguard the constitutional rights of defendants and the human rights of victims and their families This responsibility includes the preparation and presentation of criminal cases before the Superior Court, the Court of Common Pleas, Family Court, and in some matters before the Justice of the Peace Courts. The Criminal Division also provides legal assistance to other law enforcement agencies and maintains a  Victim/Witness Assistance Program

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Units of the Criminal Division

APPEALS CRIMINAL UNIT The Appeals Unit of the Criminal Division is responsible for the appellate litigation of criminal cases pending in both state and federal courts. Deputy Attorneys General of the Appeals Unit serve as the chief courtroom lawyers for the State before the state supreme court.  The Appeals Unit also screens cases so as to advise which:  (1) the State should appeal from adverse lower-court decisions;  (2) the State should join as amicus curiae as the State may not be a party but important Delaware state interests are at stake; and  (3) confession of judgment or confession of error are appropriate as the State s prior official position in a matter appears to be unviable or clearly unjust, even if the State had been successful in the lower courts. Lastly, the Unit provides regular guidance and research assistance to trial attorneys in the Criminal Division regarding complex legal issues in criminal matters.

CASE PROCESSING UNIT The Case Processing Unit is responsible for case file management and case tracking. The Unit maintains all criminal case files, so as to provide quick access and sufficient data. The Case Processing Unit is staffed entirely by support personnel, and it is supervised by the head of the Felony Screening Unit.

CHILD PREDATOR UNIT The first of its kind in Delaware, the Child Predator Unit will employ dedicated investigative and prosecutorial resources to identify, pursue, prosecute and punish criminals who seek to prey on Delaware's children. With specially trained and dedicated staff, the Child Predator Unit will work collaboratively with the Delaware State Police and other agencies in a proactive effort to identify and track down predators and pedophiles before they can harm our children.  Read more on the Child Predator Unit

DRUG UNIT The Drug Unit prosecutes drug offenses statewide, and is also responsible for litigating the forfeiture of drug money seized by the police. The Unit works closely with law enforcement agencies during the investigative stage to provide legal advice and assistance regarding pre-arrest procedures as well as prosecutorial services. Intake interviews are conducted by paralegals.

FELONY SCREENING UNIT The goal of the Felony Screening Unit is to screen and process various felony cases prior to trial in Superior Court. The unit is responsible for gathering information from the investigating police agency and making an initial determination as to whether the case should be prosecuted, and, if so, on what charges. Where appropriate, the Felony Screening Unit aims to resolve these cases without a trial. The responsibilities of the Felony Screening Unit also include the presentation of cases to the Grand Jury, the litigation of cases at the preliminary hearing stage, coordinating the extradition of offenders from foreign states to Delaware and other ancillary matters.

FELONY TRIAL UNIT The Trial Unit consists of experienced prosecutors who handle serious felony cases. Paralegals assist the Deputies by conducting intake interviews with arresting police officers and prepare indictments for review and approval by the prosecutor. Cases are assigned to a trial attorney within five days after the arrest to facilitate the prosecutorial process. Unit deputies are thereafter responsible for prosecuting the unit's cases from arraignment through sentencing.

MISDEMEANOR TRIAL UNIT The Misdemeanor Trial Unit prosecutes misdemeanor criminal offenses and motor vehicle offenses in the Court of Common Pleas. The Unit has recently begun a pilot project which provides prosecutors to criminal cases heard in Justice of the Peace Court 20. In Kent and Sussex Counties the Unit also prosecutes crimes committed by juveniles in the Family Court.

SEX CRIMES UNIT The Sex Crimes Unit Prosecutes all sex offenders. The Sex Crimes Unit is comprised of Deputy Attorneys General, social workers, paralegals, and administrative assistants. The social workers participate in the interviews with police officers and victims and act as liaisons between victims and the Unit's prosecutors. The social workers also assist victims in applying to VCAP for compensation.  Cases are referred to our unit from various law enforcement agencies. The law enforcement officer conducts an intake with a Deputy Attorney General to determine whether a case can be prosecuted and what charges should be filed. The prosecutor reviews the case in detail with the officer and may request follow up investigation. If a decision to arrest and indict a case is made, the deputy and social worker will discuss the case with the victim prior to the case coming to court. Occasionally, the prosecutor will want to meet with the victim prior to arrest to discuss issues with respect to the prosecution of a case. If a case goes to trial, the prosecutor and social worker will meet with the victim prior to trial to prepare the victim for testimony in a courtroom. During trial, a social worker will be available to answer questions and guide the victim through this process. At the conclusion of the trial, if there is a verdict of guilty, the prosecutor and the social worker will explain the sentencing process. After sentencing, the social worker/prosecutor will ensure that the victim is kept apprized of the status of the case until the sentence has concluded. At this stage, the victim will be informed of any appeals, violations of probation, and release from incarceration to the extent our unit is informed of these events. The unit also attends forensic interviews conducted by the Children's Advocacy Center. A prosecutor and social worker participate as team members with the Division of Family Services and law enforcement to evaluate a case brought into the CAC and determine if the case can be prosecuted. The CAC has been extremely valuable in limiting the number of interviews of a child victim and in preserving a disclosure of sexual abuse on videotape as evidence to use at trial, if necessary. The CAC process also ensures that a child will have a detailed physical examination, if necessary by a medical doctor who qualifies as an expert witness in child sexual abuse.

VICTIM WITNESS UNIT The Victim/Witness Unit is a state-wide unit which provides assistance to the victims of crimes and their families. Assistance with the criminal justice process is also provided to witnesses. The unit is staffed by social workers and clerical employees. The Victim/Witness Unit assists victims and witnesses by such means as counseling, referral for medical and/or psychological treatment, encouragement, transportation, and other services as needed. The Unit also assists in the vital process of ensuring that victims and witnesses are notified all scheduled events relating to the prosecution of a criminal case.