Practice Areas
Common Criminal Defense Matters in Delaware
Criminal defense in Delaware operates through the state's unified Superior Court system, which handles all felony cases and most serious misdemeanors. Delaware's legal community is notably concentrated, with many experienced criminal defense attorneys practicing in New Castle County while serving clients statewide. The state's proximity to major metropolitan areas and its role as a corporate hub means Delaware criminal defense attorneys often handle complex white-collar cases alongside traditional criminal matters. Delaware's relatively small size allows for more personalized attorney-client relationships and familiarity with local prosecutors and judges.
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Drug possession and trafficking
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Federal criminal charges
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Domestic violence defense
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Criminal Defense Attorneys by City in Delaware
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Why It Matters
Why Hire a Criminal Defense Attorney in Delaware?
Delaware-licensed attorneys understand the state's unique sentencing guidelines and the nuances of Delaware's Truth in Sentencing Act, which affects parole eligibility. Local criminal defense lawyers have established relationships with Delaware prosecutors and are familiar with the practices of individual Superior Court judges across all three counties. Delaware's unified court system requires specific procedural knowledge that out-of-state attorneys may lack.
Local Courts
Criminal defense cases in Delaware are primarily handled by the Superior Court, which has jurisdiction over felonies and serious misdemeanors across New Castle, Kent, and Sussex counties. Federal criminal matters are addressed in the U.S. District Court for the District of Delaware, located in Wilmington.
Delaware Law
Delaware Criminal Defense Laws & Deadlines
Delaware follows a structured sentencing system under Title 11 of the Delaware Code, with specific provisions for repeat offenders and mandatory minimums for certain crimes. The state has a five-year statute of limitations for most felonies, with exceptions for serious crimes like murder and rape. Delaware's expungement laws, updated in recent years, provide opportunities for record clearing that require precise legal navigation.
Key Facts
What to Know About Criminal Defense in Delaware
Cost to You
Free to submit your case
When to Act
Immediately after arrest or charges filed
Attorney Cost
Hourly rates, retainers, or flat fees vary by attorney.
Our Network
Criminal Defense attorneys as they join
Common Questions
Frequently Asked Questions
How does Delaware's Truth in Sentencing Act affect criminal cases?
Delaware's Truth in Sentencing Act requires defendants to serve at least 85% of their sentence before becoming eligible for parole on certain violent felonies. This law significantly impacts plea negotiations and sentencing strategies, making experienced Delaware criminal defense counsel essential for understanding potential exposure.
What are the deadlines for filing appeals in Delaware criminal cases?
In Delaware, defendants have 30 days from the date of sentencing to file a notice of appeal to the Delaware Supreme Court. Missing this deadline can result in waiver of appeal rights, though limited exceptions exist for ineffective assistance of counsel claims.
How do I find a qualified criminal defense attorney in Delaware?
Look for attorneys licensed by the Delaware State Bar who focus specifically on criminal defense and have experience in Delaware Superior Court. Consider attorneys who are familiar with the specific county where your case is pending and who have handled similar charges under Delaware law.
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