Delaware Consent to Proceed before a Magistrate in a Misdemeanor Case
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How to fill out Consent To Proceed Before A Magistrate In A Misdemeanor Case?
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FAQ
Rule 9. Upon the request of the attorney general a summons instead of a warrant shall issue. If no request is made, the court may issue either a warrant or a summons in its discretion. More than one warrant or summons may issue for the same defendant.
Motion to Suppress Evidence ? A motion by the defense for the Court to prevent the State from presenting evidence at trial, such as the police officer did not have probable cause to stop or arrest the defendant.
A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.
48(b) Motion for Dismissal. If the witness does not appear to trial, the defense can move for what is known as a ?Rule 48(b) Dismissal.? This means that the case should be dismissed because there was an unnecessary delay in bringing the defendant to trial.
If you filed a Petition and the Respondent(s) has filed an answer/entered an appearance, but agrees to dismiss the case, you may file a Stipulation of Dismissal (Form 520). This stipulation must be signed by all parties who have filed a pleading or have come to Court for the case.
Rule 29 - Dismissal (a)Voluntary dismissal. -At any time before filing of the appellee's brief, an appellant may dismiss the appellant's appeal voluntarily by serving a notice of dismissal upon the other parties to the appeal, by filing the same with the Clerk and paying the costs.
A motion to dismiss the indictment may be based on objections to the array or on the lack of legal qualification of an individual juror, if not previously determined upon challenge. It shall be made in the manner prescribed in 10 Del. C. § 4512 and shall be granted under the conditions prescribed in that statute.
Upon request of a defendant, the state shall permit the defendant to inspect and review any relevant reports prepared by law enforcement officers and made in connection with the particular case, including any written witness statements or written summaries of oral statements contained within such reports, and search ...