Delaware Code Title 11 Sec. 9411 – Information concerning pretrial and trial matters
(a) After a prosecution is commenced by the Attorney General in the Superior Court, the Attorney General shall promptly inform a victim of:
(1) A statement of the procedural steps in the processing of a criminal case;
(2) Rights under this chapter;
(3) Procedures if the victim is threatened or harassed;
(4) Victim compensation information when appropriate;
(5) The right of the victim to confer with the prosecutor prior to trial;
(6) The right of the victim to consult with the prosecutor about the disposition of the case, including the victim’s views on dismissal, plea negotiations or diversion programs;
(7) The right of the victim to be present at trial and sentencing;
(8) Notice of the scheduling of court proceedings and changes including trial date, case review and sentencing hearings;
(9) Notice of the crime or crimes of which the defendant is convicted;
(10) Notice of the specifics of any sentencing order;
(11) Notice of sentence reduction or modification order; and
(12) Notice of a reversal upon appeal of a conviction.
Terms Used In Delaware Code Title 11 Sec. 9411
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means the Superior Court, Family Court, Court of Common Pleas and the Justice of the Peace Court. See Delaware Code Title 11 Sec. 9401
- Crime: means an act or omission committed by a person, whether or not competent or an adult, which, if committed by a competent adult, is punishable by incarceration and which violates 1 or more of the following sections of this title:
OFFENSES AGAINST THE PERSON
601. See Delaware Code Title 11 Sec. 9401
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Prosecutor: means a representative of the office of the Attorney General. See Delaware Code Title 11 Sec. 9401
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Victim: includes a parent, guardian or custodian of a victim who is unable to meaningfully understand or participate in the legal process due to physical, psychological or mental impairment. See Delaware Code Title 11 Sec. 9401
(b) In all other courts, the Attorney General shall give the victim:
(1) Notice of the scheduling of the court proceedings and changes, including trial date, case review and sentencing hearings;
(2) Notice of the crime or crimes of which the defendant is convicted;
(3) Notice of the specifics of any sentencing order; and
(4) Notice of sentence reduction or modification order.
69 Del. Laws, c. 167, § ?1; 69 Del. Laws, c. 318, §§ ?1, 5, 8, 9; 71 Del. Laws, c. 176, § ?23;