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Your Houston Criminal Defense Attorney
Nothing about a criminal charge in Houston is small to the person facing it. Delaware law gives you fixed reference points, from how a charge is graded to which court hears it to what can eventually come off a record. Below you will find how charges are graded, the deadlines that apply, where a case is heard, and how a record can later be cleared. Talking with an attorney who knows local practice can turn these general rules into a plan for your case.
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.
- Clearing a record: Delaware provides for mandatory and discretionary expungement (11 Del. C. 4372, 4373); eligibility depends on the offense and how the case ended.
The Grading System Behind Your Delaware Charge
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.
The charging document is what actually fixes the range a court can impose, so having an attorney review it early is the fastest way to know what a specific charge means.
Rights Every Defendant Has, Regardless of the Charge
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.
The Sixth Amendment also guarantees a jury trial for serious criminal charges, and every defendant is presumed innocent until the prosecution proves guilt beyond a reasonable doubt, the standard set out 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.
Timing Rules in a Houston Criminal Case
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).
On trial timing, 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).
Because these dates can decide whether a case can proceed at all, confirming the date of the alleged offense and the date any charge or complaint was filed is worth doing early with an attorney.
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Felony and Misdemeanor Court in Delaware
Felony cases in Delaware go to the Superior Court. Misdemeanors are generally heard in the Court of Common Pleas (Class A misdemeanors and below). A case from Houston is part of Kent County.
After arrest, a case typically moves through an initial appearance and a bail decision, then a preliminary hearing or grand jury review, before any pretrial motions or trial.
Answers on the Charges We Hear About Most
Facing a DUI Charge in Houston
Delaware’s impaired-driving law sets its own thresholds and penalty structure for a DUI charge, and prior offenses typically increase what is at stake. The specific numbers that apply to a given charge come from the statute cited in the charging document, not a general rule.
Whether the charge is a misdemeanor or a felony in a particular case often turns on the number of prior offenses and whether anyone was injured, both of which the charging document should state.
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 Possession and Distribution Charges in Delaware
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.
Diversion, treatment court, or conditional discharge programs exist in many drug cases in Delaware; eligibility depends on the charge and criminal history.
Regardless of the specific charge, a case generally moves through an initial appearance, a bail determination, and a preliminary hearing or grand jury review before trial.
Assault Charges in Houston
Delaware generally distinguishes simple assault from aggravated assault, with the aggravated form usually involving a weapon, a serious injury, or a victim in a protected category such as a law enforcement officer. Which category applies, and the resulting range of penalties, is set by 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.
Theft Under Delaware Law
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.
Multiple thefts committed as part of one scheme can sometimes be added together to reach a higher grading threshold under Delaware law.
Regardless of the specific charge, a case generally moves through an initial appearance, a bail determination, and a preliminary hearing or grand jury review before trial.
Facing a charge in Houston? Talk to an attorney about what applies to you.
Will This Stay on My Record?
Under 11 Del. C. 4372, 4373, Delaware allows mandatory and discretionary expungement. Not every offense or outcome qualifies, and the waiting period, where one applies, depends on the specific offense. mandatory expungement for eligible misdemeanor convictions requires 5 years since conviction with no barring prior or subsequent conviction
Employers, landlords, and licensing boards often ask about criminal history, so a cleared or sealed record can make a real difference on those applications.
An attorney can check whether a specific charge or conviction is eligible and what the process involves.
A Note on Houston and the Local Courts
A charge from Houston is part of Kent County. Local practice, such as how quickly cases are scheduled, shapes how the general rules on this page play out, and a local attorney can describe what that looks like.
If your matter arose in a different city, start from our statewide Delaware criminal defense directory. If your case involved another town in the area, see our pages for Harrington, Milford, and Frederica. If the matter involves an injury rather than a charge, our Houston personal injury attorney page is the better fit.
Frequently Asked Questions
Does Delaware use degree or class levels for crimes?
That depends on the state. Delaware’s approach is felony classes A through G (most to least serious); unclassified misdemeanors and violations (11 Del. C. 4205).
How long does Delaware have to bring criminal charges?
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 is delay counted toward a speedy trial deadline?
Delay caused by the defense, such as continuances requested by the defendant, is typically excluded from the count in states that have one.
Where is my case filed?
A case from Houston is part of Kent County.
Does an arrest without a conviction stay on my record?
That depends on the state and the outcome of the case; some non-conviction records are treated differently than convictions.
Should I talk to an attorney before a DUI hearing?
Yes. An attorney can review the stop, the testing, and the charging document before any hearing.
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.
Take the Next Step in Your Houston Case
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