What to Do After a Criminal Charge in Delaware: Your Step-by-Step Guide

TL;DR: A criminal charge in Delaware is serious, but knowing the system gives you a fighting chance. Your first 48 hours matter most — you have the right to remain silent and the right to an attorney at every stage. Misdemeanors go to the Court of Common Pleas; felonies go to Superior Court. The sooner you get a defense lawyer involved, the more options you have. Talk to us and get matched with a vetted Delaware criminal defense attorney today.

The instant you are arrested or formally charged in Delaware, you have constitutional rights that protect you — but only if you use them. You have the right to remain silent under the Fifth Amendment, and anything you say can be used against you in court. You also have the right to an attorney under the Sixth Amendment. Politely but firmly tell law enforcement you are invoking both rights and then stop talking until a lawyer is present.

Do not try to explain your way out of the situation, apologize, or negotiate with officers at the scene. Even a casual, well-intentioned statement can become damaging evidence. The best thing you can do in those first moments is stay calm, be cooperative with basic booking procedures, and say nothing substantive.

• Clearly state: "I am invoking my right to remain silent and my right to an attorney."
• Do not consent to searches beyond what officers are legally permitted to conduct.
• Write down (or memorize) the names and badge numbers of any officers involved as soon as possible.
• Contact a family member or friend who can help you retain a lawyer quickly.

After an arrest, you will be booked — fingerprinted and photographed — and then brought before a court for an initial appearance. In Delaware, this initial bail hearing is held in either a Municipal Court or a Justice of the Peace Court, and it is typically held within 24 hours of arrest if it is not a weekend.

At this hearing, a judicial officer will set bail or release conditions. The court weighs factors such as flight risk, the nature of the alleged crime, how long you have lived in Delaware, community safety, and your criminal history. If you remain detained because you cannot meet bail conditions, Delaware law requires the court to review those conditions within 10 days of your detention.

Your formal arraignment follows later. For misdemeanor charges, your case will be handled in the Court of Common Pleas, which has statewide criminal jurisdiction over misdemeanors and motor vehicle offenses. For felony charges, your case proceeds to Superior Court, which has exclusive jurisdiction over felonies. At arraignment, you will enter a plea — not guilty, guilty, or no contest. If you are unsure, always plead not guilty; you can change your plea later, and a not-guilty plea does not result in a heavier sentence if you are eventually convicted at trial.

This is the single most important step. A criminal defense attorney can challenge the evidence against you, negotiate with the Delaware Attorney General's office, file pretrial motions to suppress illegally obtained evidence, and advise you on whether a plea deal is in your interest. You cannot effectively do any of this on your own.

If you cannot afford an attorney, you have the right to a public defender. However, public defenders carry heavy caseloads. A private attorney who focuses on criminal defense in Delaware — and who knows the local courts, prosecutors, and judges — can often make a meaningful difference in the outcome of your case. Get matched in under a minute with a vetted Delaware criminal defense lawyer through DearLegal.

When you meet with an attorney, bring every document you have: the charging papers, any police reports you can obtain, bail conditions, and court dates. Be completely honest about the facts — your attorney cannot help you if they are surprised later.

Delaware has a tiered court system for criminal cases, and knowing which track your case is on helps you plan.

Class A misdemeanors carry up to one year in jail; Class B misdemeanors carry up to six months. The Court of Common Pleas handles these statewide, with jury trials available to all defendants. Many misdemeanors are resolved through negotiated plea agreements, diversion programs, or the Court of Common Pleas Drug Diversion Program for eligible non-violent offenders.

Delaware uses seven felony classes (A through G), with Class A being the most serious. Felony cases are prosecuted exclusively in Superior Court. For felony charges, Delaware requires either a preliminary hearing before a judge to determine probable cause, or a grand jury presentment. The Attorney General's office screens evidence at an intake meeting before deciding whether to file charges in Superior Court. Once indicted or charged by information, the trial is typically scheduled about 70 days later, though court backlogs frequently push cases beyond a year.

Delaware sets strict time limits on how long prosecutors have to charge you under 11 Del. C. § 205. Understanding these limits can matter if charges are filed late or if new charges emerge.

• Murder and Class A felonies: No time limit — prosecutors may file charges at any time.
• Most other felonies: 5 years from the date of the alleged crime; extended to 10 years when DNA evidence is discovered.
• Class A misdemeanors: 3 years from the date of the offense.
• Class B, C, and unclassified misdemeanors: 2 years from the date of the offense.

Beyond statutes of limitations, watch for court-imposed deadlines: missing a court date can result in a bench warrant for your arrest and forfeiture of any bail posted. If you were arrested for a DUI, you also have only 15 days from the date of arrest to request a DMV hearing to contest a license suspension — missing that deadline can cost you your driving privileges for months.

A criminal record can affect your ability to get a job, housing, or credit. Delaware law under 11 Del. C. §§ 4371–4375 provides two paths to clear eligible records: mandatory expungement and discretionary expungement.

If your case is dismissed, you are acquitted, or a nolle prosequi is entered, you are eligible for mandatory expungement with no waiting period — meaning the State Bureau of Identification (SBI) must expunge the record upon a proper application. If you were convicted of most misdemeanors, you must wait 5 years after conviction to apply for mandatory expungement through the SBI.

For records not eligible for mandatory expungement, you may petition Superior Court for a discretionary expungement. The court will grant it if the continued existence of the record causes "manifest injustice." Certain offenses — including domestic violence convictions and serious violent felonies — are not eligible for expungement at all. An attorney can assess your eligibility and file the petition for you.

No. You have the right to remain silent under the Fifth Amendment. Once you clearly invoke that right and ask for an attorney, officers must stop questioning you. Anything you say before or after invoking this right can be used as evidence, so it is almost always in your interest to say nothing substantive until you have legal representation.

In Delaware, a felony is any crime punishable by more than one year in prison, while misdemeanors carry sentences of one year or less. Felonies are prosecuted in Superior Court; misdemeanors are handled in the Court of Common Pleas. Felony convictions carry significantly heavier penalties and more lasting collateral consequences — including limits on expungement eligibility.

For most offenses, you have a constitutional right to have bail set in Delaware. The judge considers your flight risk, the seriousness of the charges, your ties to Delaware, and public safety when determining bail and release conditions. If you remain detained because you cannot pay, the court must review your conditions within 10 days. An attorney can argue for lower bail or non-monetary release conditions on your behalf.

A plea bargain is a negotiated agreement between you and the Deputy Attorney General to resolve the case — often by pleading guilty to a lesser charge or receiving a lighter sentence recommendation. Whether to accept a plea deal is one of the most consequential decisions in a criminal case. Only a defense attorney who knows the strength of the evidence against you and the likely trial outcome can advise you properly. Never accept or reject a plea without legal counsel.

An arrest record is separate from a conviction record, and arrest records can appear in background checks even if you were acquitted or charges were dropped. However, if your case is terminated in your favor — through acquittal, dismissal, or nolle prosequi — you are eligible to have those records mandatorily expunged through the Delaware SBI with no waiting period. Acting on expungement promptly protects your reputation going forward.

A criminal charge does not have to define your future, but the decisions you make in the coming days will. The Delaware criminal justice process moves quickly, and every stage — from bail to arraignment to trial — presents opportunities that an experienced attorney can exploit in your favor. Do not wait until the situation feels desperate.

DearLegal matches people across Delaware with vetted criminal defense attorneys at no cost to you. Whether you are facing a misdemeanor in the Court of Common Pleas or a serious felony in Superior Court, we can connect you with the right lawyer fast. Start your case now — it only takes a minute.

DearLegal is not a law firm and does not provide legal advice. This article is for informational purposes only. Consult a licensed attorney in your state for advice on your specific situation.