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Superior Court Process

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.

 

*These are just estimates. The average case in 2008 took 136 days from arrest to completion. Major felonies and homicides generally take longer.

Click Here to View a video about the timeline and process of a court case.