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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.
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.
The purpose of a preliminary hearing is to determine if there is sufficient evidence to continue prosecution. It is held either in Municipal Court or the Court of Common Pleas. If the defendant wishes to waive the hearing, (gives up the right to this hearing), it is not held and the charges go on to Superior Court.
The purpose is to determine if the defendant is guilty or not guilty. The trial is usually scheduled 70 days after indictment or filing of an information, if no continuances are granted. However, due to current court backlogs, many cases take over a year to come to trial. You must testify if called as a witness.
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.
Requests for copies of paper case documents that have not been archived should be made via our Help Desk, at (302) 573-6170, or by submitting a completed copy order form.
MOTION TO DISMISS. In a civil action, a motion to dismiss a lawsuit may be, and generally is, filed by a defendant (or, if the motion is to dismiss a counterclaim, by the plaintiff) at the time a responsive pleading, such as an answer, is due.
In the arraignment hearing, the judicial officer (Judge or Commissioner) will inform you of the charges filed against you, your right to plead guilty or not guilty, and your right to a speedy trial. The judicial officer will then ask if you wish to enter a plea of guilty or not guilty.