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DE · rules

Del. Super. Ct. Crim. R. 20

Transfer from the county for plea and sentence

activein force · 1992-01-01 – presentact-effective-date

(a) Indictment or information pending. A defendant arrested, held, or present in a county other than that in

which an indictment or information is pending against that defendant may state in writing a wish to plead

guilty or nolo contendere, to waive trial in the county in which the indictment or information is pending,

and to consent to disposition of the case in the county in which that defendant was arrested, held, or

present, subject to the approval of the attorney general. Upon receipt of the defendant’s statement and of

the written approval of the attorney general, the prothonotary of the county in which the indictment or

information is pending shall transmit the papers in the proceeding or certified copies thereof to the

prothonotary of the county in which the defendant is arrested, held, or present, and the prosecution shall

continue in that county.

(b) Indictment or information not pending. A defendant arrested, held, or present, in a county other than

the county in which a complaint is pending against that defendant may state in writing a wish to plead

guilty or nolo contendere, to waive venue and trial in the county in which the warrant was issued, and to

consent to disposition of the case in the county in which that defendant was arrested, held, or present,

subject to the approval of the attorney general. Upon filing the written waiver of venue in the county in

which the defendant is present, the prosecution may proceed as if venue were in such county.

(c) Effect of not guilty plea. If after the proceeding has been transferred pursuant to subdivision (a) or (b)

of this rule the defendant pleads not guilty, the prothonotary shall return the papers to the county in which

the prosecution was commenced, and the proceeding shall be restored to the docket of the court in that

county. The defendant’s statement that the defendant wishes to plead guilty or nolo contendere shall not

be used against that defendant.

(d) Juveniles. A juvenile who is arrested, held, or present in a county other than that in which the juvenile

is alleged to have committed an act in violation of a statute not punishable by death or life imprisonment

may, after having been advised by counsel and with the approval of the court and the attorney general,

consent to be proceeded against as a juvenile delinquent in the county in which the juvenile is arrested,

held, or present. The consent shall be given in writing before the court but only after the court has

apprised the juvenile of the juvenile’s rights, including the right to be returned to the county in which the

juvenile is alleged to have committed the act, and of the consequences of such consent.

History

Added, effective Jan. 1, 1992.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
7c508dc2ed489aa9d2da8858a82d2d8e9cfecaf53bf73b314f4610f22cac829c
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