Delaware Criminal Defense Attorneys

At DearLegal, we connect you with experienced Delaware criminal defense attorneys who navigate the state’s Truth-in-Sentencing Act, SENTAC guidelines, mandatory minimums for Title 16 drug offenses, and the broadened expungement statute under HB 5 (2021).

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Matched with a Delaware attorney in 24 hours
30,000+ plaintiffs served nationwide

Free Delaware criminal defense case review

A Delaware attorney will take a look. Or call 1-833-WELEGAL.

How we match your Delaware criminal defense case

When you submit a Delaware criminal defense matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A criminal defense matter needs someone who handles criminal defense work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Delaware law, so it goes to an attorney licensed in Delaware who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a criminal defense claim in Delaware

Day 0
Arrest or charge.
Say nothing beyond identifying yourself and ask for a lawyer. Do not consent to searches. Everything after this is built on what you did not say.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Delaware criminal defense attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Days 1–14
First appearance and bail.
Your attorney addresses release conditions and gets the charging documents. In Delaware, this is where the tone of the case is set.
Weeks to months
Discovery and motions.
Police reports, video, lab work, witness statements. Motions to suppress or dismiss are filed where the evidence was obtained improperly.
Before trial
Negotiation or trial.
Most cases resolve by dismissal or plea; some go to trial. Your attorney advises on the risk of each with the actual evidence in hand.
Resolution
Outcome and record.
Fees are quoted before you commit — hourly or a retainer, spelled out in writing at the free consultation.

Felony Statute of Limitations: No limit
No limit for Class A felonies (murder), most Title 11 violent felonies, and most sex offenses; 5 years for other felonies (11 Del. C. § 205)
Misdemeanor Statute of Limitations: 3 years
3 years for misdemeanors generally; 2 years for some (11 Del. C. § 205(b))
Sentencing Structure: Truth-in-Sentencing
Truth-in-Sentencing under 11 Del. C. § 4204 — no parole, only limited good time; SENTAC presumptive guidelines under § 4204(c); mandatory minimums for many Title 16 drug and Title 11 violent offenses
Expungement / Record Sealing: 11 Del. C. § 4371
11 Del. C. § 4371 et seq. (HB 5/2021) — mandatory expungement for arrests without conviction and many misdemeanor convictions; discretionary expungement for other offenses after waiting periods
Bail / Pretrial Release: Bail set
Bail set under Del. C. Tit. 11, Ch. 21; constitutional right to bail with exceptions for capital offenses (Del. Const. Art. I, § 12)
Typical attorney fee: Hourly
Hourly / Flat Fee

Delaware grades felonies as Class A (life or death) through Class G (max 2 years) under 11 Del. C. § 4205, with the Truth-in-Sentencing Act (11 Del. C. § 4204) requiring offenders to serve every day of their sentence — no parole, only limited good time credit. The Sentencing Accountability Commission (SENTAC) publishes presumptive guidelines that Delaware judges generally follow under 11 Del. C. § 4204(c). Delaware legalized recreational marijuana for adults 21+ in 2023 (H.B. 1/H.B. 2, codified at 16 Del. C. § 4764), but possession over 1 oz remains criminal. Delaware’s expungement statute was overhauled by HB 5 (2021), creating both mandatory and discretionary expungement pathways with broadened eligibility — many low-level offenses are now automatically expungeable. Delaware Department of Justice (statewide DOJ structure, no county DAs) plea-bargains extensively, and Delaware’s drug court, mental health court, and reentry court provide alternatives to incarceration.

Exhibit B

When to call a criminal defense attorney in Delaware

Does any of this sound like you? Tap what applies.

Exhibit C

Criminal Defense cases we take in Delaware

Which one is closest to yours?

DUI / DUI 2nd+ / Vehicular Assault

Delaware DUI under 21 Del. C. § 4177 (.08 BAC). First offense: $500–$1,500 fine, no mandatory jail but mandatory IID. Second offense within 10 years: 60 days mandatory minimum. Third (Class G felony): 1 year mandatory. Vehicular Assault by DUI under § 4176A.

Sound like yours? A Delaware attorney reviews it free — fees are quoted upfront, before you commit.

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Exhibit D

How much do Delaware criminal defense attorneys cost?

Typical fee schedule

Delaware · Criminal Defense

Fee modelHourly / Flat Fee

Feequoted per petition or matter

Filing costsitemized upfront

Case reviewFree

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Criminal Defense matters in Delaware are usually a flat fee per filing — quoted before you commit, not billed by the hour.

Criminal defense attorneys in Delaware work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Del. Lawyers’ Rule of Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Most defense work is flat-fee for misdemeanors and many felonies; complex cases (homicide, sex offenses, federal corporate fraud, multi-count) use hourly billing. The Delaware Office of Defense Services represents indigent defendants statewide.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Delaware criminal defense compensation can include

A Delaware criminal defense recovery is built from several parts. Tap one to see what it covers.

Charge Dismissal

Outright dismissal through motion to suppress, motion to dismiss for insufficient evidence, speedy trial violation, or nolle prosequi by the Delaware DOJ.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Exhibit F

Delaware criminal defense questions, answered

Still unsure? Tell us what happened and a Delaware attorney will review it for free.

Start free review

No. Politely decline and ask for an attorney. Delaware State Police, Wilmington PD, and county police use trained interrogation techniques. Anything you say can be used at trial. Invoke your Fifth Amendment right to silence and Sixth Amendment right to counsel under Miranda. Don’t try to “explain” your way out.

Yes. Delaware Class A misdemeanors carry up to 1 year in Level V custody and $2,300 fines under 11 Del. C. § 4206. Delaware has Probation Before Judgment (PBJ) under 11 Del. C. § 4218 for certain first offenses — completion leads to dismissal and expungement eligibility. An attorney negotiates PBJ, Court of Common Pleas diversion, and other alternatives.

Delaware state cases go through Superior Court (felonies and major misdemeanors), Court of Common Pleas (lesser misdemeanors), Family Court (juveniles and DV), or Justice of the Peace Court (minor offenses). Federal cases go to the U.S. District Court for the District of Delaware (Wilmington) and follow the U.S. Sentencing Guidelines. Federal corporate/securities cases (Delaware is the corporate-law capital) and I-95 drug trafficking are common.

Delaware plea agreements under Del. Sup. Ct. Crim. R. 11 are negotiated between Delaware DOJ prosecutors (statewide DOJ, not county DAs) and defense. Pleas can include charge reductions, PBJ (Probation Before Judgment, § 4218), drug court entry, and stipulated sentences. Under the Truth-in-Sentencing Act, the sentence imposed is the time served — there’s no parole back-door. Plea structure matters enormously.

Yes — HB 5 (2021) significantly expanded Delaware expungement. Mandatory expungement covers arrests without conviction, dismissed charges, and many misdemeanor convictions after 5–7 years. Discretionary expungement covers many other misdemeanors and certain non-violent felonies after 7–10 years. Some serious felonies, sex offenses, and DUI/DWI remain ineligible. Petitions filed through the State Bureau of Identification (SBI) or Superior Court.

Delaware handles juveniles under 18 in Family Court under 10 Del. C. § 1001 et seq. Juvenile adjudications are confidential and many are automatically expunged after waiting periods under 10 Del. C. § 1017. Reverse waiver from adult to juvenile court is available for many 16- and 17-year-olds, and discretionary transfer to adult court applies for serious felonies.

Delaware DUI under 21 Del. C. § 4177 uses .08 BAC (.04 commercial, .02 under-21). Implied consent applies under § 2742 — refusal triggers 1-year administrative license revocation for first offense. Mandatory IID for all DUI convictions and refusals under § 4177G. Third DUI is a Class G felony; fourth and subsequent DUIs are Class E felonies.

Criminal Defense attorneys by city in Delaware

Same Delaware rules and the same attorneys — with what’s local to each city.

Other case types in Delaware

All Delaware practice areas →

Animal Incident attorneysDelaware holds dog owners strictly liable — the owner pays for unprovoked attacks without any proof the dog was known to be vicious.

Business Dispute attorneysDelaware’s Court of Chancery is the most influential business court in the U.S. — handling most major corporate-governance and merger disputes.

Car Accident attorneysDelaware requires no-fault PIP coverage — you file with your own insurer first, and lawsuits generally require a serious injury.

Consumer Protection attorneysDelaware’s consumer fraud law lets you recover your actual losses plus attorney fees, and up to triple damages for willful violations.

Defective Product attorneysDelaware holds manufacturers strictly liable for defective products — and the Court of Chancery sometimes handles product-related corporate disputes.

Employment attorneysDelaware’s employment discrimination law covers the federal categories plus volunteer EMS workers and certain other protected groups.

Family Law attorneysDelaware divides marital property fairly rather than equally — and a separate Family Court handles all divorce, custody, and support matters.

Immigration attorneysDelaware immigration cases are heard in the Newark and Philadelphia Immigration Courts — and growing immigrant communities in Wilmington drive case volume.

Lemon Law attorneysDelaware’s Lemon Law covers new vehicles within 1 year/12,000 miles — and the manufacturer pays your attorney fees if you win.

Medical Malpractice attorneysDelaware medical malpractice cases require a sworn statement from a qualified expert when you file.

Personal Injury attorneysA two-year filing deadline and a bar on recovery if you’re more than half at fault frame every Delaware injury case.

Slip and Fall attorneysDelaware premises liability turns on whether the owner knew of the hazard and acted reasonably — and naturally accumulated snow and ice usually can’t be the basis of a claim.

Social Security Disability attorneysDelaware’s Social Security hearing office in Dover handles moderate volumes — and Third Circuit court decisions shape how appeals are reviewed.

Workers’ Compensation attorneysDelaware workers’ comp runs through the Industrial Accident Board — and wage benefits are two-thirds of your average weekly wage.

Delaware Criminal Defense Attorneys

How we match your Delaware criminal defense case

Case type

Size and complexity

Jurisdiction and licensing

Capacity and fit

What happens with a criminal defense claim in Delaware

Arrest or charge.

Tell us what happened.

First appearance and bail.

Discovery and motions.

Negotiation or trial.

Outcome and record.

When to call a criminal defense attorney in Delaware

Criminal Defense cases we take in Delaware

DUI / DUI 2nd+ / Vehicular Assault

Drug possession and trafficking

Assault and offensive touching

Domestic violence

Theft

White-collar crimes

Gun and firearm charges

Sex offenses

Homicide

Juvenile offenses

Probation and parole violations

Federal crimes in Delaware

How much do Delaware criminal defense attorneys cost?

What your Delaware criminal defense compensation can include

Charge Dismissal

Charge Reduction

Probation Before Judgment (PBJ)

Plea Agreement

Trial Acquittal

Post-Conviction Relief

Delaware criminal defense questions, answered

Criminal Defense attorneys by city in Delaware

Other case types in Delaware

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