Delaware Code Title 11 Sec. 5106 – Plea negotiations by the State
(a) In every criminal case in the Superior Court involving a felony wherein the Department of Justice agrees to accept a plea of guilty to less than the original most serious charge indicted by the county grand jury or originally filed by information, the prosecuting attorney shall state on the record:
(1) That the prosecuting attorney notified and discussed the plea agreement with the victim prior to its entry; or
(2) If notification was not reasonably possible, what steps were taken to give such information to the victim.
Terms Used In Delaware Code Title 11 Sec. 5106
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) In any case where the victim is deceased, the information required by subsection (a) of this section shall be given to any known next of kin. If the victim is an organization, such information shall be given to a responsible officer. If the victim is a minor child, such information shall be given to the parent or guardian of said child.
(c) For purposes of this section, “victim” is one who was injured or killed as the result of a criminal offense or who suffered monetary loss as a result of such an offense.
(d) No violation of this section shall be considered as a basis for setting aside a guilty plea entered by a defendant or for any other relief.
67 Del. Laws, c. 317, § ?1; 70 Del. Laws, c. 186, § ?1; 74 Del. Laws, c. 71, § ?2;