Criminal Case Process For Delaware Superior CouRt
The Superior Court handles all felonies as well as drug offenses, even if they are misdemeanors. Here is how a typical case flows through the court:
| Time after Arrest* | Event | Notes |
| ------------- | Arrest | Police officer’s Arrest warrant is approved by a magistrate; bail is set. |
| 8-20 Days | Preliminary Hearing | Probable cause hearing in Court of Common Pleas to determine if case goes forward to Superior Court. Can be waived. The vast majority of cases go forward to Superior Court. |
| 2 months | Indictment | Formal charges by the Grand Jury. These may be different than the original charges at arrest. |
| 2 ½ months | Arraignment | Entry of Not Guilty Plea; attorney enters appearance. Bail modification can be requested. |
| 3-4 months | Discovery | State must provide to defense counsel all Rule 16 discovery such as statements, evidence, expert witnesses, etc. |
| 3-4 months | First Case Review | Prosecutor and defense counsel discuss case; a plea is offered. If rejected by defendant, the case proceeds to final case review. |
| 3-4 months | Motions | Defense has 20 days to file any motions such as motions to suppress evidence. Motion hearings are then scheduled. |
| 4-5 months | Final Case Review | Last chance to take a plea; if not, the case proceeds to trial. Any possible trial/witness/evidence issues are discussed and brought to judge’s attention. |
| 5-6 months | Trial | Only about 2% of cases make it to trial. The vast majority of cases result in plea agreements. In 2008, about 70% of defendants who had trials were found guilty. |
*These are just estimates. The average case in 2008 took 136 days from arrest to completion. Major felonies and homicides generally take longer.
