How Delaware handles a case
What happens after an arrest anywhere in Delaware: who decides release first, how fast a person sees a judge, which courts hear the case, and who runs the offices around them. Every county in the state works under these rules.
From arrest to court
- Who decides release first
A Justice of the Peace Court magistrate usually sets bail at the initial appearance. Magistrates need not be lawyers. Only the Superior Court may set bail in a capital case, and for about 39 serious charges the law presumes cash-only bail.
11 Del. C. 2103, 2107, 2116Delaware Courts, Magistrate Screening Committee- Time to see a judge
The court rules say a person arrested without a warrant must be taken before the nearest available magistrate without unreasonable delay, and set no hour limit. The U.S. Supreme Court's 48-hour rule for a probable cause finding applies as the federal floor.
Del. Super. Ct. Crim. R. 5(a)- Money bail
Money bail is allowed. The Bail Reform Act, in effect since January 1, 2019, favors release without money when that is enough, but presumes cash bail for listed serious charges.
11 Del. C. 2104 and 2107Del. Supreme Court, In re Implementation of the Bail Reform Act, order of Feb. 28, 2022- Pretrial risk assessment
Every court that sets bail must use the statewide pretrial assessment tool, and its result is the starting recommendation. The result is advisory only in domestic violence and impaired driving cases.
Delaware Special Rule of Criminal Procedure for Pretrial Release, Feb. 28, 202211 Del. C. 2104- Courts
The Superior Court tries felonies. The Court of Common Pleas hears misdemeanors. The Justice of the Peace Court holds initial appearances, sets bail, and hears some minor offenses.
Del. Const. art. IV, s. 711 Del. C. 5301Delaware Courts, Justice of the Peace Court information for defendants- Judges and magistrates
The governor appoints Superior Court and Court of Common Pleas judges, with the state Senate's consent, for 12-year terms. Justice of the Peace magistrates are appointed the same way for four years, then six-year terms, and need not be lawyers.
Del. Const. art. IV, s. 3Delaware Courts, Magistrate Screening Committee- Prosecutors
Delaware has no county prosecutors. The attorney general, elected statewide to a four-year term, prosecutes crimes.
Del. Const. art. III, s. 21- Public defense
The state Office of Defense Services represents people who can't afford a lawyer, with offices in all three counties and an Office of Conflicts Counsel for conflict cases.
Delaware Office of Defense Services- Jails
Delaware has no county jails. The state Department of Correction runs every facility, including those holding people awaiting trial.
Delaware Department of Correction
Read from the statutes and court rules cited, 2026-09-30. The tool's name, DELPAT, comes from secondary pointers; the court rule says only 'pretrial assessment tool'. From February 1, 2027, a new version of chapter 21 lets a JP magistrate issue a temporary detention order of up to 10 days.