What Happens After an Arrest in Delaware? A Step-by-Step Guide Through the Criminal Process

Being arrested in Delaware can be a very daunting experience, particularly if it is your first time experiencing the process within the legal framework. There are many who do not have any clue as to what to do next after being arrested, adding further complications to the ordeal. Knowing how to respond to an arrest makes you well-equipped to make important decisions regarding your situation. In this article, we’ll discuss the arrest process and what happens next when you’re arrested in Delaware.

Arrest and booking

The first step is the arrest by the police, where they may issue an arrest warrant based on the likelihood that you’re engaged in some form of criminal activity. Upon your arrest, you will be transported to a police station or jail where booking takes place. During the booking, they collect all your details, such as fingerprints, pictures, and the details of your alleged crime.

Initial appearance and bail determination 

The first step in Delaware involves appearing in court for an arraignment, where the judge hears the case against you and decides how much money is required as bail for your release. The judge might decide that you can be released on your own recognizance or impose an unsecured bond. However, in certain circumstances, the judge might decide to hold you in jail until your trial.

Arraignment 

Arraignment is the next step. At this court proceeding, you are formally charged and have to respond by entering your plea, which usually includes being guilty, not guilty, or pleading no contest. In most criminal proceedings, people accused of committing crimes choose not guilty because they need time to analyze the evidence against them.

Pretrial proceedings and motions

The pretrial stage begins after arraignment proceedings have been completed. During this stage, your defense attorney will scrutinize the evidence presented by the prosecutor. It could be police statements, witness accounts, and other physical evidence collected by police. Motions can also be made to throw out any evidence obtained unlawfully, or for changes that cannot be substantiated legally.

Trial 

If your situation is not settled through dismissal or negotiation, then the next stage is trial. Whether your case will be put before a jury or a judge depends on whether you are charged with a crime that entitles you to either one of them. 

Sentencing 

If you’re found guilty of the crime or choose to plead guilty, then the process moves to sentencing. Some of the things that the judge takes into consideration include the seriousness of your crime, your criminal record, as well as mitigating circumstances.

Key takeaways 

The criminal process is intimidating, but knowing what will happen can give you some peace of mind. It’s always best to have a skilled criminal defense attorney manage your case for the best results. 

Talk to a Wilmington, DE, Criminal Defense Attorney Today 

Michael W. Modica represents the interests of Delaware clients who are facing criminal charges. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.