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Your Georgetown Criminal Defense Attorney
Being charged with a crime in Georgetown can feel like the ground has moved. Before anything else, it helps to know that Delaware’s rules on grading, deadlines, and clearing a record are written down, and they are more specific than most people expect. You will find the grading rules first, then the deadlines, the courts, the most common charges, and finally what can be cleared from a record and how. The details of your case decide which rule controls, and an attorney who practices in Delaware courts can sort that out quickly.
Your Key Delaware Rules in One Place
- Every charge has a grade under felony classes A through G (most to least serious); unclassified misdemeanors and violations (11 Del. C. 4205), and the grade is what decides the range of penalties a court can impose.
- Deadline to prosecute: murder and class A felonies may be prosecuted at any time; other felonies within 5 years; sexual offenses at any time (11 Del. C. 205).
- How long until trial? no fixed statutory day-count; the Superior Court’s speedy trial guidelines and Sixth Amendment/Barker v. Wingo analysis govern, under Superior Court Criminal Rule 48(b); Administrative Directive 130.
- Records: Delaware’s mandatory and discretionary expungement (11 Del. C. 4372, 4373) is the mechanism for clearing a record, subject to its own eligibility rules.
Felony or Misdemeanor: What the Grade Means in Delaware
Under 11 Del. C. 4205, Delaware groups offenses using felony classes A through G (most to least serious); unclassified misdemeanors and violations. The class or degree sets the outer range of the sentence, and the specific number within that range depends on the offense charged and the circumstances.
In practice, the grade of a charge affects more than the maximum sentence: it can decide whether the case is handled in a lower or higher court, whether a jury trial is available, and what a conviction later shows on a background check.
Reading the specific statute cited in the charging document, rather than relying on a general description, is how an attorney determines the real range of penalties in a given case.
What the Constitution Guarantees in a Delaware Case
A few rights do not depend on which state the charge is in. Under Miranda v. Arizona, 384 U.S. 436 (1966), police must warn a suspect in custody of the right to remain silent and the right to counsel, and under Gideon v. Wainwright, 372 U.S. 335 (1963), the state must provide a lawyer to someone who cannot afford one.
A defendant also has a Sixth Amendment right to a jury trial for serious charges and is presumed innocent unless the prosecution proves guilt beyond a reasonable doubt, the standard confirmed in In re Winship, 397 U.S. 358 (1970).
If convicted, a defendant generally has the right to appeal, and the right to remain silent is not limited to the moment of arrest; it continues throughout the proceedings.
Delaware's Time Limits on Prosecution and Trial
On bringing charges, the rule is murder and class A felonies may be prosecuted at any time; other felonies within 5 years; sexual offenses at any time (11 Del. C. 205).
Delaware’s speedy trial rule provides that no fixed statutory day-count; the Superior Court’s speedy trial guidelines and Sixth Amendment/Barker v. Wingo analysis govern (Superior Court Criminal Rule 48(b); Administrative Directive 130).
These dates are worth pinning down early, since they can decide whether a case may proceed, and an attorney can confirm exactly how they apply to a specific charge.
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Felony and Misdemeanor Court in Delaware
Delaware splits jurisdiction by the seriousness of the charge: the Superior Court hears felonies, and the Court of Common Pleas (Class A misdemeanors and below) generally hears misdemeanors. For Georgetown, that means Sussex County.
The usual sequence is an initial appearance and bail decision soon after arrest, a preliminary hearing or grand jury proceeding, and then pretrial motions and trial if the case is not otherwise resolved.
What These Charges Mean in Delaware
DUI Charges in Georgetown
How a DUI is charged and penalized in Delaware depends on that state’s own statute, including any blood alcohol tiers it sets and how a prior offense is treated. An attorney who reviews the charging document and test results can identify exactly what applies.
Refusing a chemical test can carry its own separate consequences under Delaware’s implied-consent law, apart from the DUI charge itself.
Whatever the charge, the same general process applies: an initial appearance, a decision on bail or pretrial release, and either a preliminary hearing or a grand jury proceeding before the case can go to trial.
Drug Charges in Georgetown
Under Delaware law, possessing a controlled substance is treated very differently from manufacturing or distributing one, and the schedule of the substance matters as well. An attorney can identify the exact charge and its range from the statute cited.
A prior drug conviction can raise the penalty range for a new charge under Delaware’s repeat-offender provisions.
The path through the system is similar across charge types: an initial court appearance, a bail decision, and a preliminary hearing or grand jury step ahead of any trial.
Facing an Assault Charge in Georgetown
Under Delaware law, an assault charge can range from a low-level misdemeanor to a serious felony, depending on facts such as injury, weapon use, and the identity of the alleged victim, all defined in the specific statute charged.
A charge can be amended as a case develops, so the initial charge is not always the final one.
The path through the system is similar across charge types: an initial court appearance, a bail decision, and a preliminary hearing or grand jury step ahead of any trial.
What Determines the Severity of a Theft Charge
Delaware draws lines by value when grading theft, and crossing a threshold can turn a misdemeanor into a felony. Those thresholds, and the resulting penalty ranges, come from the statute cited in the charging document.
Retail theft, or shoplifting, is sometimes graded under its own separate statute rather than the general theft law.
Whatever the charge, the same general process applies: an initial appearance, a decision on bail or pretrial release, and either a preliminary hearing or a grand jury proceeding before the case can go to trial.
Facing a charge in Georgetown? Talk to an attorney about what applies to you.
Can I Get This Expunged in Delaware?
The mechanism for clearing a record in Delaware is mandatory and discretionary expungement (11 Del. C. 4372, 4373). Eligibility rules vary by offense and by outcome, so a case that did not end in conviction is often treated differently from one that did. mandatory expungement for eligible misdemeanor convictions requires 5 years since conviction with no barring prior or subsequent conviction
Because background checks are common in hiring, housing, and licensing, clearing an eligible record can affect more than the case itself.
An attorney can check whether a specific charge or conviction is eligible and what the process involves.
A Note on Georgetown and the Local Courts
Georgetown cases are heard as part of Sussex County. Knowing which court you will be in, and how it schedules cases, matters, and an attorney who handles matters there can help.
For the full list of Delaware communities we serve, see our Delaware criminal defense page. Criminal defense matters in the surrounding area are covered on our pages for Milton, Ellendale, and Bridgeville. If the matter involves an injury rather than a charge, our Georgetown personal injury attorney page is the better fit.
Frequently Asked Questions
Can the grade of a charge change as a case goes on?
Yes. Charges are sometimes amended, reduced, or added as a case develops, based on the evidence.
Can charges be brought years later in Delaware?
murder and class A felonies may be prosecuted at any time; other felonies within 5 years; sexual offenses at any time (11 Del. C. 205).
What is the difference between a statutory and a constitutional speedy trial right?
A statutory or court rule sets a specific number of days; the constitutional right has no fixed number and is instead weighed case by case.
Where is my case filed?
A case from Georgetown is part of Sussex County.
Does every conviction qualify to be cleared?
No. Eligibility depends on the specific offense, and some offenses and outcomes are excluded from most record-clearing options.
Does a prior DUI make a new charge more serious?
Generally yes. Repeat offenses typically carry higher penalties under Delaware law, and a prior conviction can also change how a new charge is classified.
What is a plea agreement?
It is an agreement, negotiated between the defense and the prosecution and approved by the court, that resolves a charge without a full trial.
Talk to an Attorney About Your Georgetown Case
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