Delaware Criminal Defense Help | Free 24/7 Call Line

Criminal Defense in Delaware — what to do right now

Right now: stay quiet and ask for a lawyer. In Delaware you have the right to remain silent and the right to counsel — say both out loud and stop talking about the facts of your case, even to cellmates or on recorded jail phones. Don't agree to a police interview, a search, or a written statement without counsel. If you were arrested, you'll be brought before a magistrate or the Court of Common Pleas for a first appearance where bail is set under 11 Del. C. Chapter 21 — have a family member ready with money or a bail bondsman's number, and write down your charges and next court date. Then call 1-844-690-0555 so you understand the charge and your deadlines before you walk into court.

The law in Delaware: Criminal Defense

Delaware splits criminal cases by severity across separate courts. Misdemeanors and most traffic offenses are prosecuted in the Court of Common Pleas; felonies and drug crimes go to the Superior Court, the state's general-jurisdiction trial court that empanels juries. The Justice of the Peace Courts handle initial appearances, set bail in many cases, and hear minor offenses and traffic matters. Juvenile delinquency starts in Family Court. Appeals run to the Delaware Supreme Court in Dover — the state's only appellate court. Cases are heard at the Leonard L. Williams Justice Center, 500 N. King St, Wilmington; the Kent County Courthouse, 414 Federal St, Dover; and the Sussex County Courthouse, 1 The Circle, Georgetown.

Delaware's criminal law lives in Title 11 of the Delaware Code (Crimes and Criminal Procedure). Felonies are graded Class A through Class G and sentenced under 11 Del. C. § 4205; misdemeanors are graded Class A or Class B (plus unclassified misdemeanors) under § 4206. The grade controls your exposure: a Class G felony tops out at 2 years, while a Class A felony — the most serious, like first-degree murder under § 4209 — carries 15 years to life. A Class A misdemeanor can mean up to a year in jail; a Class B misdemeanor up to 6 months. Knowing your exact charge and grade is the first thing a defense strategy turns on.

After arrest you get a first appearance where bail and conditions of release are set. Felony cases proceed to a preliminary hearing and then to the Superior Court by indictment from a grand jury or by information; misdemeanors are arraigned and tried in the Court of Common Pleas. The Delaware Department of Justice (the Attorney General) prosecutes. At sentencing, judges consult the SENTAC Benchbook — the annually updated voluntary sentencing guidelines from the Sentencing Accountability Commission — which recommends a sentence using Delaware's Level I–V supervision scale, from unsupervised probation up to Level V incarceration.

Delaware's self-defense law is at 11 Del. C. § 464. Force is justifiable when you reasonably believe it's immediately necessary to protect yourself from unlawful force; deadly force is justifiable only against death, serious physical injury, kidnapping, or sexual assault by force. Unlike true 'stand-your-ground' states, Delaware imposes a duty to retreat in public if you can do so with complete safety — but you have no duty to retreat in your own dwelling or place of work (the Castle Doctrine exception), unless you were the initial aggressor. Whether a justification defense fits your facts is exactly the kind of question to raise on the call before you talk to police.

Key Statutes

Title 11, Delaware Code — Crimes & Criminal Procedure (the criminal code)
11 Del. C. § 4205 — felony sentencing, Class A through Class G
11 Del. C. § 4206 — misdemeanor sentencing, Class A and Class B + unclassified
11 Del. C. § 464 — self-defense / use of force in self-protection
11 Del. C. Chapter 85 — expungement & the Clean Slate automatic relief

Courts & Agencies

Superior Court — felonies, drug crimes, jury trials
Court of Common Pleas — misdemeanors and most traffic
Justice of the Peace Courts — first appearance, bail, minor offenses
Family Court — juvenile delinquency & amenability hearings
Office of Defense Services — Delaware's public defender
Delaware Department of Justice — the prosecuting Attorney General

Penalties & Exposure

Class A felony: 15 years to life at Level V (§ 4209 governs 1st-degree murder)
Class B felony: 2 to 25 years; Class C: up to 15 years
Class D: up to 8 yrs; E: up to 5; F: up to 3; G: up to 2 years
Class A misdemeanor: up to 1 year + up to $2,300 fine
Class B misdemeanor: up to 6 months + up to $1,150 fine

Delaware May Now Clear Your Record Automatically — But Don't Bank On It

Here's what blindsides people: since August 1, 2024, Delaware's Clean Slate law (11 Del. C. Chapter 85) directs the State Bureau of Identification to automatically expunge eligible records every month — non-conviction arrests, and convictions like marijuana possession and underage drinking, with waiting periods of three to five years for many misdemeanors and ten years for eligible felonies. Delaware was one of the first states to automate this. But the rollout has been slow: by late 2024, fewer than 1% of eligible records had actually been cleared. If a job or housing application keeps getting denied, don't assume the system fixed it — you may still need to file a petition. Call 1-844-690-0555 and we'll explain whether your record qualifies and what to do next.

Likely outcomes & penalties

Outcomes in Delaware depend on the charge grade, your record, and whether mandatory-minimum or SENTAC factors apply. These are realistic ranges, not promises — the call can help you understand where your specific charge likely falls.

Class A misdemeanor (e.g. many assault/theft charges)

Up to 1 year at Level V and a fine up to $2,300; first-time, lower-level cases often resolve with probation, a fine, or a diversion path rather than jail.

Lower-grade felony (Class F or G)

Class G caps at 2 years and Class F at 3 years; non-violent first offenses frequently draw probation (Level I–III) under SENTAC guidance rather than a Level V term.

Serious felony (Class B or C)

Class C reaches up to 15 years and Class B carries a mandatory minimum 2 years up to 25 years — real prison exposure, often with mandatory time that the court cannot suspend.

Expungement / record relief

Eligible non-convictions and certain convictions can be cleared automatically or by petition under Chapter 85 — but waiting periods (3–5 years for many misdemeanors, 10 for eligible felonies) and slow processing mean many people still need to act.

Mistakes to avoid

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Talking to Delaware police or detectives 'to clear it up' before you have counsel — your words become evidence, and recorded jail phone calls do too.

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Treating a Court of Common Pleas misdemeanor as no big deal and skipping the first appearance — a missed date can trigger a capias (bench warrant) and new charges.

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Assuming Delaware is a 'stand-your-ground' state — in public you generally have a duty to retreat if you safely can; the no-retreat rule under § 464 only protects your home or workplace.

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Believing your old record was wiped automatically under Clean Slate — the rollout is slow, so an unexpected denial may mean you still have to petition for expungement.

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Pleading guilty at arraignment without understanding the felony grade and any mandatory minimum under § 4205, which the judge cannot suspend once it attaches.

How it works

Call the free hotline. Dial 1-844-690-0555 from anywhere in Delaware, any hour. No income test, no web form, no waiting room — and it's free. You can speak in your own language, including Spanish.

Talk to an AI assistant trained on Delaware + federal law. Explain your charge, your court date, and your bail. You'll get clear legal information — what your charge grade means, which court you're in, your deadlines — not legal advice, and the call creates no attorney-client relationship.

Get matched to a Delaware attorney if you want one. If your situation calls for representation, we can help you book a paid consultation with a Delaware-licensed criminal defense attorney. Legal Hotline is not a law firm and not a public defender — it's the fast first step before you choose counsel.

Free & low-cost Criminal Defense help in Delaware

If you can't afford a lawyer, Delaware has real options — from the public defender to free civil-side help for the record and collateral problems a criminal charge creates. These are genuine Delaware resources with working contacts.

Office of Defense Services (Public Defender)

Delaware's statewide public defender. If you're charged with a crime that can carry jail and you're found indigent, the Office of Defense Services represents you in the Court of Common Pleas, Superior Court, Family Court and Supreme Court at no cost. Ask for the public defender at your first appearance.

Office of Defense Services — Expungements

The same office runs expungement help and explains Delaware's mandatory, discretionary and automatic Clean Slate relief — a direct resource for clearing an eligible record.

Clean Slate Delaware (ACLU of Delaware)

Plain-language hub on Delaware's automatic record-clearance law: who qualifies, the waiting periods, and what to do if your record wasn't cleared automatically.

Community Legal Aid Society, Inc. (CLASI)

Delaware's oldest statewide civil legal-aid organization (since 1946), serving low-income people, those 60+, people with disabilities, and crime victims. Wilmington 302-575-0660, Dover 302-674-8500, Georgetown 302-856-0038. Civil only, no fee.

DSBA Lawyer Referral Service

The official Delaware State Bar referral service. Arranges a 30-minute consultation with a private attorney for a $35 referral fee — the paid path if you don't qualify for the public defender. Phone 302-658-5279.

Limited Legal Assistance Program (Delaware Courts)

Volunteer attorneys give eligible self-represented litigants a one-time free 15-minute consultation at the Self-Help Center in the Leonard L. Williams Justice Center, Wilmington. Schedule by calling 302-255-0476.

Delaware Sentencing Accountability Commission (SENTAC)

Publishes the annual Benchbook — Delaware's voluntary sentencing guidelines — so you can see how judges are guided to sentence your charge grade. A useful read before a plea or sentencing.

FAQ — Criminal Defense in Delaware

I was just arrested in Wilmington. What's the very first thing I should do?

Say you want a lawyer and stop discussing the facts — even on jail phones, which are recorded. Don't consent to a search or interview. You'll be brought before a magistrate or the Court of Common Pleas for a first appearance where bail is set. Before that, call 1-844-690-0555 for free information on your charge and your options. It's information, not legal advice.

Will my Delaware case be in the Court of Common Pleas or the Superior Court?

It depends on the charge. Misdemeanors and most traffic offenses are heard in the Court of Common Pleas; felonies and drug crimes go to the Superior Court, which has juries. Juvenile cases start in Family Court. If you're unsure which court applies to your charge, call 1-844-690-0555 and we'll help you read your paperwork.

What's the difference between a misdemeanor and a felony in Delaware?

Under Title 11, felonies are graded Class A–G (§ 4205) and misdemeanors Class A or B (§ 4206). A Class A misdemeanor caps at 1 year in jail; even a low Class G felony can mean up to 2 years and a permanent felony record. The grade drives everything. Call 1-844-690-0555 to find out exactly what you're charged with and what it carries.

How much prison time am I actually facing?

It tracks your charge grade under § 4205: Class G up to 2 years, Class F up to 3, E up to 5, D up to 8, C up to 15, B from 2 to 25 (with a mandatory minimum), and A from 15 years to life. Many first-time, non-violent felonies draw probation instead. For a realistic read on your charge, call 1-844-690-0555 — free, 24/7.

Can I get my bail lowered in Delaware?

Bail and conditions of release are set under 11 Del. C. Chapter 21, and a court can modify them. A defense attorney can ask the court to reduce bail or change conditions based on your ties to the community and your record. Call 1-844-690-0555 for information on how the bail process works before your hearing.

Is Delaware a 'stand-your-ground' state if I had to defend myself?

No — Delaware is a duty-to-retreat state in public. Under 11 Del. C. § 464 you must retreat if you can do so with complete safety, except you have no duty to retreat in your own home or workplace (unless you started the fight). Whether self-defense fits your facts is fact-specific. Call 1-844-690-0555 to talk it through before you speak to police.

Can I clear my Delaware record, and didn't Clean Slate do it automatically?

Maybe. Since August 1, 2024 the State Bureau of Identification is supposed to automatically expunge eligible records monthly under Chapter 85, but the rollout has been slow — fewer than 1% of eligible records were cleared by late 2024. If a background check still shows an old charge, you may need to petition. Call 1-844-690-0555 to find out if your record qualifies.

Do I qualify for a free public defender in Delaware?

If you're charged with a crime that can carry jail and the Office of Defense Services finds you indigent, the public defender represents you at no cost — in the Court of Common Pleas, Superior Court, Family Court or Supreme Court. Ask for the public defender at your first appearance, and call 1-844-690-0555 if you want help understanding the process.

My teenager was arrested — does that go to adult court?

Juvenile delinquency starts in Family Court. For serious charges, the court can hold an amenability hearing to decide whether a youth 14 or older should be transferred to Superior Court and tried as an adult; Superior Court can also send a case back down (reverse amenability). These decisions matter enormously. Call 1-844-690-0555 for information on how the juvenile process works.

Should I just plead guilty at my arraignment to get it over with?

Not before you understand the charge grade and any mandatory minimum, which a judge cannot suspend once it applies under § 4205. A plea is permanent and can affect jobs, housing and immigration. Get free information first by calling 1-844-690-0555 — it's information, not legal advice, and creates no attorney-client relationship.

What does it cost to call, and is it confidential?

The call to 1-844-690-0555 is free, available 24/7, with no income test and no web form. You'll get legal information from an AI assistant trained on Delaware and federal law. Legal Hotline is not a law firm and not a public defender, so the call creates no attorney-client relationship — but it's the fastest way to understand where you stand.

I think the police violated my rights during the stop or search — what now?

Don't argue it on the scene; note what happened and raise it with counsel. Improper stops, searches or interrogations can lead to evidence being suppressed in the Superior Court or Court of Common Pleas. Call 1-844-690-0555 to get free information about your situation and, if you want, help booking a paid consultation with a Delaware attorney.

Are you a Delaware criminal defense attorney?

We send Delaware residents who need representation toward vetted, state-licensed criminal defense counsel. If you're admitted in Delaware and want to receive matched client enquiries from people who've already spoken with our hotline, you can join our network. This is a referral path for attorneys — it never competes with the free help we give callers.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Charged With a Crime in Delaware? Get Answers Before Your First Court Date