{"id":372392,"date":"2023-11-14T14:06:58","date_gmt":"2023-11-14T19:06:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-district-attorneys.html"},"modified":"2023-11-14T14:06:58","modified_gmt":"2023-11-14T19:06:58","slug":"delaware-district-attorneys","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-district-attorneys.html","title":{"rendered":"Delaware District Attorneys"},"content":{"rendered":"\n
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Delaware District Attorneys<\/h1>\n
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\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Delaware prosecutors act similarly. But the sparsely populated state doesn’t have district attorneys. Instead, the Delaware Department of Justice (DOJ) prosecutes crimes throughout the state. Delaware’s Attorney General (AG) heads the state’s justice department.<\/p>\n\n <\/div>\n\n

In most states, district attorneys (DAs) file criminal charges against suspects on behalf of the state within their respective districts. Judicial districts are typically comprised of one or more counties. DAs are sometimes called \u201cstate’s attorneys," "county attorneys," or simply "prosecutors."<\/p>\r\n

When the district attorney’s office decides there’s probable cause<\/a> for criminal charges, they file a complaint. Sometimes, the charges are filed after a grand jury<\/a> has found probable cause. Of course, the DA also may decide not to pursue a case after an arrest.<\/p>\r\n

While "Delaware district attorneys" don’t exist, this article covers how criminal charges are filed<\/a> in the state. It discusses the Delaware Attorney General’s Office and includes links to some of the divisions of the state justice department.<\/p>\r\n

How Criminal Charges Are Filed in Delaware<\/h2>\r\n

Instead of district attorneys, both misdemeanors and felonies in Delaware are prosecuted by the Criminal Division<\/a> of the Delaware Justice Department. Delaware’s charging methods are like those used in other states. A grand jury of randomly selected state residents considers the evidence privately. If they fail to indict the defendant, the case doesn’t proceed. If the defendant waives indictment, the prosecutor may file charges through the information<\/a>.<\/p>\r\n

The next phase after the indictment<\/a> or filing of the information is the bail review. Bail review is when the court determines whether bail can be reduced or whether the defendant should stay in pretrial detention. The review is held<\/a> in Magistrate Court, Municipal Court, or the Court of Common Pleas. The next step is arraignment, where the defendant is formally charged with a crime and enters either a "guilty" or "not guilty" plea. But the defendant may waive this hearing.<\/p>\r\n

A criminal trial will be held unless the defendant and prosecutor reach a deal. Talking to the prosecutor without hiring a criminal attorney is not a good idea. You could unknowingly reveal your defense strategy or make an admission that could hurt your case. It’s best to contact a criminal defense attorney so they can help you.<\/p>\r\n

Delaware Public Defender<\/h2>\r\n

If you can’t afford a private attorney, you can get help with your criminal case. The Office of Defense Services <\/a>(ODS) provides legal assistance to indigent and incarcerated clients statewide. In general, they work in criminal and delinquency matters.<\/p>\r\n

ODS comprises three divisions:<\/p>\r\n

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  1. Central Administration<\/li>\r\n
  2. Public Defender’s Office<\/li>\r\n
  3. Office of Conflicts Counsel<\/li>\r\n<\/ol>\r\n

    The Public Defender’s Office is the law firm within the ODS. All of the attorneys with the Delaware Public Defender’s Office are members of the Delaware Bar Association<\/a>. They represent clients in all courts in all three of Delaware’s counties.<\/p>\r\n

    Delaware public defenders represent adults and youth charged with crimes in Delaware. They represent people charged with misdemeanors and some motor vehicle offenses, such as driving under the influence (DUI). They also represent adults involved in domestic violence cases. ODS offers expungement<\/a> assistance.<\/p>\r\n

    ODS attorneys do not handle civil cases.<\/p>\r\n

    These attorneys represent you through every stage of the process, from arraignment to appeal.<\/p>\r\n

    Public defenders operate on the principle that income should not be a barrier to legal representation. They set a goal of \u201czealous advocacy." They have experience handling criminal law matters.<\/p>\r\n

    Eligibility for a public defender is determined during an interview with an intake investigator.<\/p>\r\n

    People are often skeptical of a public defender’s experience and commitment to legal representation. ODS attorneys say they work for the best possible outcome for a client’s criminal charges. Possible outcomes include:<\/p>\r\n