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DELAWARE ATTORNEY GENERAL
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DIVISION & UNITS
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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
| Units
of the Criminal Division |
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| 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. |
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| CAREER
CRIMINAL UNIT
The Career Criminal Unit is responsible for the
prosecution of all defendants who qualify under
Delaware's Habitual Offender Statute. 11 Del.C.
Section 4214(a) and 4214(b). Any person who has been
three times convicted of a felony, and who is
thereafter convicted of a fourth felony is declared an
habitual offender, and may be sentenced up to life
imprisonment. 11 Del.C. Section 4214(a). Any person
who has been two times convicted of a felony
specifically enumerated under 11 Del.C. Section
4214(b), and who thereafter is convicted of a
subsequent felony specifically named in 11 Del.C.
Section 4214(b) is declared an habitual offender,
and must be sentenced to life imprisonment without
probation or parole for such third conviction. |
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| 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. |
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| 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 |
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DOMESTIC
VIOLENCE UNIT
The
Domestic Violence Unit prosecutes cases involving
domestic violence (including child physical abuse)
in the Superior Court, Family Court and Court of
Common Pleas. The Unit's social workers provide
assistance to domestic violence victims. |
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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. |
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| FAMILY
COURT UNIT
The Family Court Unit prosecutes most crimes
committed by juveniles, except in certain serious
offenses including murder and first degree rape. |
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| 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. |
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| 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. |
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| 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. |
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| SEX
CRIMES UNIT
The Sex Crimes Unit
Prosecutes all sex offenders occurring in New Castle
County. The Sex Crimes Unit is comprised of
five Deputy Attorneys General, two social workers
and a paralegal. 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 the Violent Crimes Compensation Board
for compensation. In Kent and Sussex Counties, sex
crimes are prosecuted by deputies assigned to the
Felony Trial Unit.
Cases are referred to our unit from various law
enforcement agencies in New Castle County. 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.
Although Kent and Sussex Counties do not have sex
crimes units, the Chief Prosecutors in each of these
counties typically assign sex offense cases to
certain prosecutor who have experience in the
prosecution of these cases. In addition, the Sex
Crimes Unit Head in New Castle County generally
assists in providing guidance and informing these
prosecutors of recent developments in sex
crimes prosecution.
The unit also attends forensic interviews conducted
by the Children's Advocacy Center located at the
Dupont Hospital for Children. 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
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.
Sex
Crimes Unit of the Delaware Department of Justice
Carvel State Office Building, 7th Floor
820 N. French St.
Wilmington, DE 19801
(302) 577-8500
(302) 577-8516 (Fax) |
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| 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. |
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| WHITE
COLLAR CRIME
The White Collar
Crime Unit of the Criminal Division is responsible
for prosecuting complex financial crimes and
criminal fraud cases throughout the state. White
collar crimes are among the most complex and
difficult trial cases prosecuted by the Department
of Justice. These cases typically involve complex
financial issues, and the loss to the victims are
sometimes enormous. The investigations supporting
the prosecutions are very time-consuming and require
an unusually high degree of prosecutor involvement.
Specialized training, skill and experience are
necessary by both the investigators and prosecutors
to successfully prosecute these cases. |
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