Delaware Arraignment by Prior Pleading and Entry of Appearance (New Castle County) is a legal procedure which allows a criminal defendant to enter a plea of guilty or not guilty to criminal charges without appearing before a judge. This procedure is available in New Castle County, Delaware, and is typically used for misdemeanor or traffic offenses. It is an alternative to appearing in court and entering a plea in person. The process involves filing a written plea of guilty or not guilty, which is then accompanied by a signed entry of appearance. The defendant must also pay all applicable fines, court costs, and other fees before the arraignment is complete. Once the paperwork is filed and payment is received, the court will enter a judgment and the case will be concluded. There are two types of Delaware Arraignment by Prior Pleading and Entry of Appearance (New Castle County): one for criminal cases and one for traffic cases.
Delaware Arraignment by Prior Pleading and Entry of Appearance (New Castle County)
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FAQ
If you fail to appear for Jury Duty, you'll receive a postcard in the mail telling you that you missed your summons date and that you should call the Court immediately. If you fail to appear a second time, the Court may have a Deputy Sheriff serve a summons upon you at your home.
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.
Remember, that you must appear as ordered for your trial or you may be charged with contempt of court in addition to the original charge(s) and a warrant for your arrest (called a capias) will be issued.
The arraignment is the first time the defendant appears in court. That if he or she does not have enough money to hire a lawyer, the court will appoint a lawyer free of charge. The defendant may then respond to the charges by entering a plea.
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.
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.
Don't miss court dates or Delaware will automatically issue what's known as a capias for your appearance, which counts as a warrant. You could be picked up and actually arrested for failing to show up. Often times, most traffic violations can plead down.
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.