Delaware Department of Justice
Attorney General Kathy Jennings

Appeals 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 Delaware Supreme Court. The Appeals Unit also select complex post-conviction matters before the Delaware Superior Court. The Appeals Unit Deputy Attorneys General provide legal research and guidance regarding such core issues as: the taking of State appeals, participation by the State as amicus curie (“friend of the court”) in litigation wherein state interests may be affected, legislative matters, and potential ramifications of court decisions. The Appeals Unit is relied upon to render immediate and regular research assistance and aid to trial attorneys in the Criminal Division.

 

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Community Engagement Unit

The Department of Justice created the Community Engagement Unit (“CEU”) to encourage collaboration with communities statewide to prevent and reduce crime and to build trust between the Attorney General’s Office and the communities we serve. The CEU works with residents to collect neighborhood specific data and information in order to tailor specific responses to ongoing crime and blight issues. CEU deputies will attend community meetings, meet with concerned residents individually.

In addition to working with the community, the CEU coordinates with law enforcement and municipalities to ensure effective enforcement measures are utilized to address neighborhood specific concerns.

The CEU’s projects include:

• Nuisance Abatement under 10 Del. C. Section 7101 et. seq.
• Community/Neighborhood Empowerment
• Mentorship and educational programs in local schools
• Crime Prevention Through Environmental Design (“CPTED”)
• Supporting re-entry efforts
• Building trust in the criminal justice system

If you or your community are interested in hearing more about the projects listed above or other projects the CEU is involved with, please contact Allison Abessinio at (302) 577-8333 or by email at allison.abessinio@delaware.gov.

 

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Domestic Violence Unit

The Domestic Violence Unit (“DVU”) prosecutes all domestic related cases in New Castle County. The Unit is comprised of Deputy Attorneys General, skilled victim service specialists, paralegal support and administrative assistants. The victim service specialists assist survivors of domestic violence with locating community resources and applying for financial relocation assistance, counseling services and/or medical expenses through the Victims’ Compensation Assistance Program (“VCAP”). DVU victim service specialists provide guidance to survivors who find themselves in the criminal justice system and want to file a Protection from Abuse Order (“PFA”) in the Family Court. In the event an abuser is incarcerated, victim service specialists inform survivor’s about VINELink, which is a notification system for when an offender is about to be released from custody. The Unit works as a team with community partners to combat domestic violence in the community and to contribute to increasing the safety of survivors and their children and holding offenders accountable

 

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Felony Screening Units

The goal of the Felony Screening Unit in each county is to screen and process various felony cases prior to assignment to a Deputy Attorney General 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 cases at the preliminary hearing. The responsibilities of the Felony Screening Unit also include the presentation of cases to the Grand Jury for indictment, the litigation of cases at the preliminary hearing stage, and other ancillary matters. The Case Processing Unit is a division of the Felony Screening Unit. This 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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Felony Trial Units

The Felony Trial Units are comprised of Deputy Attorneys General, paralegals, and administrative assistants. Deputy Attorneys General in the units litigate their cases before the court. Cases include felony driving under the influence offenses, felony theft-related offenses, drug offenses, burglary, assault, robbery, serious gun offenses, and attempted murder.

 

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Homicide Unit

The Homicide Unit is responsible for handling all homicide cases that occur in New Castle County, though the current volume of homicides require DAG’s throughout DOJ to assist. The New Castle County Unit is made up of four seasoned prosecutors. These prosecutors are on-call every day of the year and respond to the scenes of the homicides throughout the County. The assigned homicide deputy follows the case through investigation, arrest, indictment and resolution. In Kent and Sussex counties, homicides are handles by prosecutors from Felony Trial Units who also respond to scenes and handle cases through to their end.

 

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Misdemeanor Trial Units

The Misdemeanor Trial Units in New Castle, Kent, and Sussex Counties operate primarily in the Court of Common Pleas and handle nearly all misdemeanor prosecutions in the State of Delaware.  Deputies in these units prosecute cases from all of Delaware’s various police agencies.  Cases are tried before both judges and juries in the Court of Common Pleas.  The Court is calendar-driven, meaning that deputies are tasked on a daily basis with a list of cases to resolve on any given day.

 

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Special Victims Unit

The Special Victims Unit (“SVU”) handles cases that involve some of our most vulnerable victims we serve. The SVU puts those responsible for cases dealing with sex crimes, child victims and child predators into a single unit.

The Sex Crimes Unit, under the umbrella of the SVU, prosecutes all sex offenders. The Unit is comprised of Deputy Attorneys General, victim service specialists, paralegals, and administrative assistants. The victim service specialists participate in the interviews with police officers and victims and act as liaisons between victims and the Unit’s prosecutors. The victim service specialists also assist victims in applying to the Victims’ Compensation Assistance Program (“VCAP”) for compensation.

The Child Predator Task Force, also under the SVU umbrella, employs dedicated investigative and prosecutorial resources to identify, pursue, prosecute and punish criminals who utilize the internet to prey on Delaware’s children. With specially trained and dedicated staff, the Task Force works 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. It uses the latest technology to detect online transactions involving child pornography, sexual solicitation, and sexual exploitation of children. The Child Predator Task Force was created in 2006 by then-Attorney General Beau Biden.

 

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Traffic Safety Resource Prosecutor Program

Traffic Safety Resource Prosecutor (“TSRP”) Program, a partnership with the Delaware Office of Highway Safety, oversees the prosecution of vehicular homicides, impaired (drug and alcohol) driving crimes, and provides law enforcement training and community outreach for motor vehicle safety issues. The TSRP also participates in highway safety public policy and education initiatives and serves as a liaison between the many highway safety stakeholders. The TSRP is involved in all stages of the prosecution of fatal motor vehicle collision cases and works with law enforcement investigators from the time of the crash through the conclusion of the investigation in these serious, and often complex, cases.

 

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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 victim service specialists and clerical employees. The Victim/Witness Unit assists victims and witnesses by such means as referrals for counseling, 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 of all scheduled events relating to the prosecution of a criminal case.

 

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Violent Crime Enterprises Unit

The Violent Crime Enterprises Unit (“VCE”) specializes in prosecuting wiretap cases, organized crime, gangs and “langs” (loosely affiliated neighborhood gangs), cases related to task force investigations and investigations conducted by the High Intensity Drug Trafficking Area initiatives (“HIDTA”), felony drug cases and all Title 16  forfeiture matters.  The unit employs fundamental principles promoted by the HIDTA, Violence Reduction Network, and Intelligence Driven Prosecution programs, including (1) intelligence gathering and sharing; (2) strategic and focused prosecutions; and (3) collaborative law enforcement efforts.  Additionally, centralizing expertise for wiretaps and drug prosecutions, given issues particular to these types of cases, creates the necessary specialization needed for effective prosecutions.

The VCE Unit handles the following:

• Proactive gang and drug investigations and prosecutions;
• Wiretap investigations and prosecutions;
• Felony drug cases, including DSP’s Drug Diversion Unit;
• State prosecutions of task force investigations , including the DEA, FBI, US Marshals and ATF task forces;
• The Delaware Department of Justice’s participation in the New Castle County HIDTA, as well as HIDTA investigations and prosecutions;
• Title 16 forfeiture matters statewide;

 

Investigation

After an incident is reported to the police, patrol officers or detectives from the police department will investigate whether a crime has been committed, then collect evidence and identify suspects.

As a victim you may be required to:

• Make a statement to the police
• Attend a physical line-up of suspects or look at photographs of suspects,
• Respond to other requests during the investigation which may include providing personal items as evidence.

It may be that the case is unfounded. This means that there is not enough evidence to prove in court that a crime has been committed, therefore, the case will not continue.

If the case is going to continue, you will want to ask the investigating police agency to keep you informed of all steps in the process. The criminal process starts when an arrest is made.

 

Initial Appearance

The Initial Appearance/Bail Hearing of the defendant is held in either Municipal Court or a Justice of the Peace Court. The purpose is to file charges and to set bail for the defendant.

This hearing will be held within 24 hours of arrest, if it is not a weekend. The defendant has a constitutional right to reasonable bail for most offenses. The defendant will be held in custody until bail is posted. As long as the defendant has the ability to make bail, s/he can be released. The purpose of bail is to insure that the defendant will appear for his/her scheduled court hearings. Note: This hearing is open to the public.

There may also be conditions of release imposed on the defendant at this hearing such as mandatory treatment, curfew or to have no contact with the victim. If the defendant violates the conditions of bail, s/he may be charged with a new crime such as breach of release/non compliance with bail conditions. Note: This hearing is open to the public.

 

AG Intake

The Attorney General’s Intake is a screening process to see if there is enough evidence to file charges in Superior Court. This meeting includes the police, prosecutor and/or a paralegal. (Case facts and evidence will be considered.) This meeting is not open to the public.

The result of the meeting could be:

• Further investigation is needed.
• Charges stay the same.
• Charges are added, reduced or dropped.
• Case is sent to a lower court.

 

Preliminary Hearing

The purpose of a preliminary hearing is to determine if there is sufficient evidence to continue prosecution. It is held either in Municipal Court or the Court of Common Pleas. If the defendant wishes to waive the hearing, (gives up the right to this hearing), it is not held and the charges go on to Superior Court. If the defendant wishes to have a hearing, usually the only witness who testifies is the investigating police officer. However, if you are subpoenaed to testify, you must appear and should immediately call the Attorney General’s Victim/Witness Program and the investigating officer. Note: This hearing is open to the public.

The Court can decide to:

• Send the charges to Superior Court
• Reduce or dismiss one or more charges.

 

Indictment/Information

Indictment is the finding of the Grand Jury that a crime probably occurred and charges may proceed against the defendant in Superior Court.

The Grand Jury is a randomly selected group of Delaware citizens who consider evidence to see if there should be an indictment. Usually only the police officer testifies. Neither the defendant nor the attorneys are present. If the Grand Jury fails to indict, it is likely the case will not proceed any further. If the defendant is indicted, you will be notified of future court proceedings. The Grand Jury hearing is closed to the public.

Information: If the defendant waives indictment, he/she can be charged by the prosecutor through the use of a document called an information. It is not uncommon for charges to be filed by information, especially in Kent and Sussex Counties.

 

Bail Review

The purpose of this review is to determine if bail can be reduced so that the defendant can be released from pretrial detention. This hearing can be held anytime and is open to the public. Bail review may be held in Magistrate Court, Municipal Court or the Court of Common Pleas if the defendant has not been indicted or an information filed. If the defendant has been indicted or an information filed, it is held in Superior Court.

 

Arraignment

The arraignment is held in Superior Court. The purpose is to read the charges to the defendant. At this time, the defendant enters a plea of guilty or not guilty. This hearing can be waived by the defendant. This means that the defendant chooses not to have this hearing and will go to trial without it. This hearing is open to the public.

 

Case Review

The case review is an informal meeting of the prosecutor and defense attorney to discuss plea agreement options and determine readiness for trial. If a plea agreement is signed, the defendant is brought into the courtroom for the official taking of the plea by the judge. The case review is not open to the public, however, since a plea may be entered in court by the defendant, you should talk to the prosecutor about whether to attend.

 

Trial

Felony trials are held in Superior Court. The purpose is to determine if the defendant is guilty or not guilty. The trial is usually scheduled 70 days after indictment or filing of an information, if no continuances are granted. However, due to current court backlogs, many cases take over a year to come to trial.

You must testify if called as a witness. Check with the prosecutor before the trial date. Most felony trials are before a jury. However, some are tried with only a judge presiding.

The jury in a criminal trial can: find the defendant guilty, guilty of a lesser charge, or not guilty. A mistrial may be declared if the jury fail to reach a unanimous decision.

During trial, the judge can dismiss the charges or declare a mistrial for various reasons. Usually this has to do with evidence problems or rules of court procedure. The prosecutor will explain to you what happened if a dismissal/mistrial occurred. Superior Court trials are open to the public.

 

Delaware’s sentencing structure is often confusing. If you have any questions about the sentencing order or the possibilities for early release, you should contact the prosecutor or the Victim/Witness program.

Remember you have the right to be in contact with the authorities concerning what happens to the offender after conviction.

 

Presentence Investigation

After conviction through a plea agreement or trial, the Judge may order a Presentence Investigation Report. A full Presentence Investigation Report includes a summary of the offense, the offender’s background and victim loss and impact information. However, there are times when a partial report is ordered which only includes the offender’s criminal history.

If a full Presentence Report is ordered, you may receive a Victim Loss/Impact form from the Presentence Investigator. This is an opportunity for you to make people in the system aware of the impact a crime has had on your life. You may also call the Presentence Investigator to provide additional information.

 

Sentencing

Felony sentencings are held in Superior Court. A sentence may involve a period of time on probation, on home confinement, in a halfway house, in prison and any other special conditions. Many sentencing hearings are held approximately 60 days after a finding of guilt. Sometimes sentencings are held immediately, i.e., right after a plea is accepted or a conviction at trial. If this occurs, no Presentence Investigation is ordered and you will not be sent a Victim Loss/Impact form. Therefore, it is important to contact the prosecutor soon after indictment or filing of an information to give them your impact and restitution information. If an immediate sentencing is held, the prosecutor can speak on your behalf.

Victims of certain crimes may speak at the sentencing hearing. Ask the prosecutor if this is possible in your case. The sentencing hearing is open to the public.

 

Appeals

Upon conviction at trial, the defendant has the right to appeal various aspects of the case. Appeals usually claim a violation of due process. This means that a mistake in the procedure was made during arrest, investigation or the trial. The court which decides the appeal can do several things:

1) overturn the conviction, 2) send the case back for a new trial, 3) send the case back for re-sentencing, or 4) affirm the conviction. Most appeal work is done through written legal briefs without hearings in court. If the defendant has accepted a plea agreement and did not go to trial, he/she has no right to an appeal.

 

Sentence Modifications

The defendant may also file a motion for sentencing reduction which must be filed within 120 days. This is to request that the sentence be reduced. A hearing is not required. Judges sometimes grant a motion for sentence reduction after the 120 days has expired. You can request to be notified of any sentence modifications.

Also, under the Truth in Sentencing guideline for exceptional rehabilitation, the Department of Correction can petition the court to modify the sentence of an offender. More information about this procedure is available under the Truth In Sentencing section of the booklet.

Unfortunately, victims do not have the right of appeal through the court process if they are dissatisfied with the decision of the prosecutor, jury or judge.

 

Truth in Sentencing

Truth In Sentencing (TIS) is the sentencing structure that went into effect in 1990. It applies only to those offenders sentenced after 1990. Truth in Sentencing is designed so that more non-violent offenders are placed in alternatives to incarceration, while violent offenders spend a longer time in prison. All prison sentences of a year or more will be followed by at least six (6) months of structured community supervision. TIS changed the law in several ways.

• It abolished a “right” to parole.
• It limited the amounts of good/merit time that an incarcerated offender could earn in a year’s time.
• It reduced the maximum penalties that can be given for most crime categories and it created two new felony classifications.

TIS is structured so offenders will be incarcerated for the length of the sentence. Under Truth in Sentencing, the amount of good/merit time an offender can earn in a year is 90 days. Therefore, if a person receives a two year sentence, they could possibly be released in one year and nine months with earned good/merit time.

Under Truth in Sentencing, the Department of Correction is authorized to seek modification of an offender’s sentencing. Such a request must be based on “good cause,” which can include an offender’s exceptional rehabilitation while in prison, serious illness, prison overcrowding and other factors. The Department of Correction must certify eligibility through an internal process. The recommendation is then forwarded to the Parole Board who will do their own review. The recommendation of the Board is then sent back to the original sentencing judge who may decide to have a hearing or make a decision based on the information provided. The judge makes the final decision on the sentencing modification. This usually is done by documentation and/or reports and is not open to the public.

 

SENTAC Sentencing Levels

In Delaware, the General Assembly created the Sentencing Accountability Commission (SENTAC) to study and recommend a practical solution to the problems of the prison system. SENTAC developed a new system of sentencing standards designed to incarcerate violent offenders while providing alternatives for non-violent offenders.

 What is Criminal Nuisance Abatement?

Criminal nuisance refers to a broad range of activities or conduct occurring on a property that require ongoing calls to law enforcement, that impact the safety and security of the people on and around the property, and that negatively affect the surrounding community. Examples include the presence of illegal drugs or firearms, violent felonies, gang activity or prostitution. Delaware’s Criminal Nuisance Abatement statute empowers the Delaware Department of Justice to bring civil lawsuits to hold property owners financially accountable for the harm they have inflicted on the community.

If you believe that a property in your community is a criminal nuisance, you can provide the Delaware Department of Justice with a report by calling (302) 577-8899 or by reporting it online at de.gov/nuisance. The Department of Justice will investigate your complaint in partnership with law enforcement, examining police reports and other relevant documents.

 

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What is the DOJ Process for Responding to Reports?

1. The DOJ receives word via telephone or through the online complaint form of a potential nuisance property.
2. Information regarding the potential nuisance property is put into DOJ’s database for monitoring.
3. DOJ looks to police reports, code enforcement violations, and other relevant materials to determine if there is a pattern of conduct, and communicates with law enforcement officers in the community to track the history of police activity on the property.
4. If the activity occurring on the property qualifies as actionable under the Delaware Criminal Nuisance Abatement Act (10 Del, C. 7101-7134) the DOJ may issue a certified letter to the property owner to begin legal action. The DOJ may also request a meeting with the property owner to discuss cooperative measure to abate the nuisance on the property.
5. If cooperative measures to abate the nuisance on the property are not successful, the DOJ may explore criminal or civil remedies through the courts.

 

FAQs

Who is the defendant?
The “defendant” is the suspect within an investigation, who has been claimed as committing a criminal offense.

 

Who is the victim?
The “victim” within a case is identified as the individual that the criminal offense is committed against.

 

Who are the witnesses?
Witnesses are anyone who may have information regarding a case. An identified “victim” is also a witness in an investigation and may be referred to as a “witness” in trial.

 

Who are the attorneys?
There are two kinds of attorneys in a criminal case. The prosecutor works for the State prosecuting the case, against the defendant. The defense attorney works for the defendant to defend them against the alleged offense they are being accused of committing.

 

Who is the defense attorney?
The defense attorney may be appointed to the defendant by the Public Defender’s Office, or may be privately chosen by the defendant. This is determined by the amount of income available to the defendant at the time of their arrest. The defense attorney’s job is to defend their client (the defendant) by questioning the credibility and authenticity of evidence provided by the State’s prosecutor. This includes physical evidence as well as statements made by witnesses.

 

Who is the prosecutor?
The prosecutor is the State’s attorney, assigned to prosecute the defendant in each criminal case. The job of the prosecutor is to collaborate with law enforcement to collect evidence, including physical evidence, and witnesses’ statements, and to present all evidence to the Court. It is the job of the prosecutor to seek justice in a criminal case.

 

What is the role of the Victim Service Specialist?
The Victim Service Specialist role is to contact the victim and family throughout the prosecution process. This includes providing updates of court hearings to the family, as well as sharing questions the victim or family may have regarding the outcome of cases with the prosecutor. The Victim Service Specialist may also provide resources regarding victim services.

 

Do children have to testify?
Yes, children and anyone who has the ability to verbalize their claims can potentially testify. Children, or individuals with developmental delays, may be interviewed at the Children’s Advocacy Center during the course of investigating a case. These interviews are videotaped, and may be used to help during trial. Nonetheless, these individuals will have to “take the stand” and identify themselves, the authenticity of what was discussed in their statements, and state if they were truthful while being interviewed.

Anyone who testifies in a trial is subject to cross-examination by the defense. This is the opportunity for the defendant’s attorney to question the witness on the stand.

 

Can we use children’s taped statements for the entire trial?
Taped statements may be used in a trial, but additional questions may be asked of the witness who is testifying. This would include questions asked, in the courtroom, by the defense team during cross examination.

 

Are you, the State, working for me specifically?
No. The State prosecutor and victim service specialists’ position is to provide justice regarding the outcome of the case, and to provide support to the identified victims of the offense. Any legal decisions, including offering a plea agreements or proceeding to trial, are made by the assigned prosecutor. Identified victims or witnesses do NOT have the discretion to “drop charges” or to proceed with charges that they believe “fit the crime.” Please cooperate with your assigned prosecutor or victim service specialist to discuss your wishes to resolve a case. This input will be used by the prosecutor to determine the best course of action in each case.

 

Do I have to participate during Court hearings?
Identified victims and witnesses will receive notifications, such as when preliminary hearings, arraignment, case reviews, trial and sentencing are scheduled. All of these court hearings, in Superior Court, are open to the public. Preliminary hearing, arraignment, case review, and sentencing are all optional appearances for victims and witnesses. If any Court appearance is received by a victim or witness by a subpoena, then your presence is mandatory. This would include all trial notifications. Please check with the assigned victim service specialist or prosecutor for details regarding these appearances.

The more cooperation, participation, and input provided in each case, by victims/witnesses, the more appropriately the case can be resolved.

 

How is a defendant found guilty?
A defendant may be found guilty if they choose to accept a plea agreement (admit their guilt) prior to trial or if they are convicted of a crime in trial.

 

What does Nolle Prosequi mean?
This is a Latin legal term meaning “will no longer prosecute.” It is equivalent to “dropping” a charge. Sometimes, it is appropriate for charges to no longer be pursued. An example of this is, if a defendant pleas to a lesser included crime, in a plea agreement, the remaining charges may be “dropped” or “Nolle Prosessed.”

 

When is a defendant sentenced? When do I get a chance to explain my feelings regarding the case?
After a conviction, each defendant is sentenced. In some cases, immediate sentencing is appropriate. This would include a sentence order on the same day that the defendant accepts a plea agreement. In other cases, sentencing is deferred to a date after the plea agreement is made in Court.

At the time of sentencing, the victim and family has an opportunity to make a victim impact statement, expressing their feelings regarding the impact of the offense, and their wishes for the outcome of the defendant. Please discuss your feelings about this resolution with the assigned case prosecutor and/or victim service specialist in advance, to be sure your thoughts and feelings are expressed at the time of sentencing.

Please note: Witnesses (other than the victim or their family) are not contacted to submit victim impact statements.

 

What is a victim impact statement? 
This statement is obtained to express how the crime committed has affected the identified victim and family. It may include the physical and emotional impact the case has had on the identified victim and family. This statement is shared with the defense and given to the Judge in each case. This statement may also include an individual’s wishes for the defendant, including incarceration, probation, no contact orders, or other restrictions/provisions.

Victim impact statements may be prepared as written letters to the Court, or stated at the time of sentencing. The victim or an identified family member may present this information, or provide a written copy for the prosecutor to provide on their behalf. Any statement prepared should be addressed to the Judge.

 

What is the Presentence Investigation (PSI) Office? Why are they contacting me?
Some cases are ordered to have a PSI report completed between the time of the defendant’s conviction (guilt) and before the sentence is ordered. The PSI Office is a separate State agency, contracted to collect information regarding the defendant and victim’s background. A report is written by the assigned PSI officer and presented to the Judge prior to the sentencing of the defendant. This information is reviewed by the Judge to order an appropriate sentence to the defendant.

If the PSI Office contacts you via standard mail or phone, please consider responding to their inquiry. The more information collected by the PSI office, the more background information the Judge is informed of at the time of sentencing.

 

I received a subpoena to appear weeks ago.  How do I know if the case is still going to trial that day?
If you haven’t heard from the prosecution team assigned to your case, please call our office the day before trial to confirm that the case is still scheduled.

 

Do I have to appear?
Yes. You have received a subpoena from the court and cannot ignore it. If you do not appear the judge could issue a warrant for your arrest.

 

Do cases always have a trial?
No. Although the defendant has a right to a trial, most cases are resolved through plea agreements.

 

If I am called as a witness to testify, what do I say?
Tell the truth. You should always contact the prosecutor or victim assistance staff before the trial starts if you have any questions.

 

How does restitution work?
Once you gather all the appropriate documents (medical bills, receipts, etc.) and submit them to Victim Services, that information will then provide that figure to the court and defense counsel. There is a specific time frame to submit your restitution paperwork so if you are not sure please contact our office.  There is also a 30-day period for defense counsel to dispute. If undisputed, the court will issue a judgement. The defendant will then make payments to the court, and the court will then make payments to you. They have the term of their probation to make the full restitution amount, if not there is a chance that the court will violate the probation and issue further sanctions.

Please note: If you plan on filing a civil suit against the defendant please communicate that along with your attorney’s contact information.

 

How do I drop or modify a no contact order against the defendant?
The defendant is responsible for filing a motion in court to have the no contact order dropped or modified to no unlawful contact. A hearing on the dropping/modification of the no contact order will then be scheduled as a separate matter and ruled on by the presiding judge. Once the motion is filed by the defendant, the State will then contact the V to see if they want the n/c order amended. The State will then respond to the motion and there may be a hearing on the matter.

 

Why are charges dropped/dismissed?
Charges may be dropped before the indictment or information because they may have been initially inappropriate, or some charges are so similar it is not appropriate to proceed on all of them. Charges may be dropped after indictment or information because there are problems with evidence, witness availability, valid defenses, credibility, or other reasons.

 

Why are charges reduced/plea agreements made?
Charges are reduced/plea agreements made when the penalty and possible sentencing conditions are similar to what the defendant would get for the original charges: or the prosecutor believes there may not be enough evidence to get a conviction on the original charges. Plea agreements remove all of the risk that is part of a jury trial. It is a sure thing. When the defendant enters a guilty plea, there is no appeal.

 

Glossary of Terms

 

Admissible Evidence: allowing certain statements or objects to be used to support the case.

 

Beyond a Reasonable Doubt: Is the certainty necessary for a juror to legally find a criminal defendant guilty.

 

Continuance: a postponement of a hearing to a later date granted by the court.

 

Conviction: finding a defendant guilty of a charge at trial or plea agreement, a finding of guilty but mentally ill, or a no contest plea.

 

Cross Examination: questions an attorney asks the other side’s witness.

 

Defendant: a person charged with a criminal offense.

 

Direct Examination: questions that a lawyer asks his/her own witness.

 

Excluded Evidence: statements or objects not permitted to be used to support one side’s case.

 

Felony: the most serious type of criminal offense; punishable by more than two years in prison, however, the prison term can be suspended in some cases. Example of felony charges are: burglary, murder, robbery, and unlawful sexual intercourse.

 

Hearsay: evidence based on what the witness has heard from other people rather than personally experienced; this is usually not admissible.

 

Misdemeanor: an offense which can result in up to two years incarceration. Example of misdemeanor charges are: theft, offensive touching.

 

Mistrial: a trial declared invalid because of a mistake in the proceedings. The prosecutor decides whether to re-try the case.

 

Objection: Statement by an attorney opposing particular testimony, conduct or evidence during the trial.

 

Overruled: court’s denial of a motion or objection.

 

Plea Agreement: agreement between the prosecutor and the defendant, where the defendant agrees to plead guilty, usually to a reduced charge and gives up his or her right to a trial.

 

Prosecutor: A lawyer that represents the State of Delaware on behalf of the public. In Delaware, known as a Deputy Attorney General.

 

Restitution: an amount the court orders a convicted defendant to pay to the victim for losses or damages as a result of the crime.

 

Subpoena: an order from the Court to appear at a judicial hearing.