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To request a continuance in your criminal or traffic case, use either the fillable ELECTRONIC CONTINUANCE REQUEST FORM FOR CRIMINAL CASES or you may download a digital copy of CRIMINAL FORM 35 to fill out and email or fax to the court of jurisdiction.
If the defendant wishes to enter a plea of guilty and the judicial officer accepts the plea; the next step is sentencing. The judicial officer may decide to immediately sentence the defendant, or may schedule the sentencing for another day after ordering a presentence report.
Bench Warrants in Delaware County for Failure to Appear Once law enforcement officers have arrested individuals with outstanding bench warrants, they can remain in jail for up to 72 hours before seeing a judge.
To plead not guilty, sign where indicated on the ticket and mail the ticket or fax both sides of the ticket at the address or fax number indicated above BY THE COURT DATE INDICATED. If you fax the ticket, you should call 302-739-6911 to confirm receipt. What is Delaware's Probation Before Judgment program?
Don't miss your court date For criminal cases, not appearing for court may result in the court issuing a capias or warrant for your arrest. If you are the plaintiff in a civil case and do not appear for court on your court date, your case may be dismissed.
1 A motion to dismiss challenges the right of the claimant to prosecute his or her claim due to some deficiency in the pleading, manner of service, or venue. Defenses that may be raised by a motion to dismiss are as follows. Lack of Jurisdiction Over the Person.
A judgment in the Justice of the Peace Court is good for five years. Thereafter, court procedures may be used to attempt to collect a judgment only if the judgment is revived by scire facias.
For example, the Delaware statute of limitations is three years for contract cases and two years for personal injury and property damage cases. If you don't file within the proper period, you lose your right to sue.