Delaware Criminal Defense Attorneys

At DearLegal, we connect you with experienced Delaware criminal defense attorneys who navigate the state’s Truth-in-Sentencing Act, SENTAC guidelines, mandatory minimums for Title 16 drug offenses, and the broadened expungement statute under HB 5 (2021). Whether your case is in Wilmington, Newark, Dover, Georgetown, or anywhere in Sussex, Kent, or New Castle County, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Delaware State Police, Wilmington PD, and county police use trained interrogation techniques. Anything you say can be used at trial. Invoke your Fifth Amendment right to silence and Sixth Amendment right to counsel under Miranda. Don’t try to “explain” your way out.

Yes. Delaware Class A misdemeanors carry up to 1 year in Level V custody and $2,300 fines under 11 Del. C. § 4206. Delaware has Probation Before Judgment (PBJ) under 11 Del. C. § 4218 for certain first offenses — completion leads to dismissal and expungement eligibility. An attorney negotiates PBJ, Court of Common Pleas diversion, and other alternatives.

Delaware state cases go through Superior Court (felonies and major misdemeanors), Court of Common Pleas (lesser misdemeanors), Family Court (juveniles and DV), or Justice of the Peace Court (minor offenses). Federal cases go to the U.S. District Court for the District of Delaware (Wilmington) and follow the U.S. Sentencing Guidelines. Federal corporate/securities cases (Delaware is the corporate-law capital) and I-95 drug trafficking are common.

Delaware plea agreements under Del. Sup. Ct. Crim. R. 11 are negotiated between Delaware DOJ prosecutors (statewide DOJ, not county DAs) and defense. Pleas can include charge reductions, PBJ (Probation Before Judgment, § 4218), drug court entry, and stipulated sentences. Under the Truth-in-Sentencing Act, the sentence imposed is the time served — there’s no parole back-door. Plea structure matters enormously.

Yes — HB 5 (2021) significantly expanded Delaware expungement. Mandatory expungement covers arrests without conviction, dismissed charges, and many misdemeanor convictions after 5–7 years. Discretionary expungement covers many other misdemeanors and certain non-violent felonies after 7–10 years. Some serious felonies, sex offenses, and DUI/DWI remain ineligible. Petitions filed through the State Bureau of Identification (SBI) or Superior Court.

Delaware handles juveniles under 18 in Family Court under 10 Del. C. § 1001 et seq. Juvenile adjudications are confidential and many are automatically expunged after waiting periods under 10 Del. C. § 1017. Reverse waiver from adult to juvenile court is available for many 16- and 17-year-olds, and discretionary transfer to adult court applies for serious felonies.

Delaware DUI under 21 Del. C. § 4177 uses .08 BAC (.04 commercial, .02 under-21). Implied consent applies under § 2742 — refusal triggers 1-year administrative license revocation for first offense. Mandatory IID for all DUI convictions and refusals under § 4177G. Third DUI is a Class G felony; fourth and subsequent DUIs are Class E felonies.

Why Do You Need a Criminal Defense Attorney in Delaware?

Delaware grades felonies as Class A (life or death) through Class G (max 2 years) under 11 Del. C. § 4205, with the Truth-in-Sentencing Act (11 Del. C. § 4204) requiring offenders to serve every day of their sentence — no parole, only limited good time credit. The Sentencing Accountability Commission (SENTAC) publishes presumptive guidelines that Delaware judges generally follow under 11 Del. C. § 4204(c). Delaware legalized recreational marijuana for adults 21+ in 2023 (H.B. 1/H.B. 2, codified at 16 Del. C. § 4764), but possession over 1 oz remains criminal. Delaware’s expungement statute was overhauled by HB 5 (2021), creating both mandatory and discretionary expungement pathways with broadened eligibility — many low-level offenses are now automatically expungeable. Delaware Department of Justice (statewide DOJ structure, no county DAs) plea-bargains extensively, and Delaware’s drug court, mental health court, and reentry court provide alternatives to incarceration.

When Do You Need a Criminal Defense Attorney in Delaware?

Our network includes Delaware criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Delaware

From the moment you connect with a Delaware criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to Delaware State Police or municipal officers without an attorney

Consenting to a search when Article I, § 6 may require a warrant

Missing a Delaware court date — capias warrants and bond forfeiture follow

Posting about the case on social media — Delaware DOJ subpoenas platforms

Deleting messages or photos from your phone — tampering with evidence (11 Del. C. § 1269) is a felony

Accepting the DOJ’s first plea offer without exploring PBJ, drug court, mental health court, or charge reduction

Talking to Delaware State Police or municipal officers without an attorney

Consenting to a search when Article I, § 6 may require a warrant

Missing a Delaware court date — capias warrants and bond forfeiture follow

Posting about the case on social media — Delaware DOJ subpoenas platforms

Deleting messages or photos from your phone — tampering with evidence (11 Del. C. § 1269) is a felony

Accepting the DOJ’s first plea offer without exploring PBJ, drug court, mental health court, or charge reduction

Common Delaware Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Delaware Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Delaware work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Del. Lawyers’ Rule of Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Most defense work is flat-fee for misdemeanors and many felonies; complex cases (homicide, sex offenses, federal corporate fraud, multi-count) use hourly billing. The Delaware Office of Defense Services represents indigent defendants statewide.

What Can Your Delaware Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, motion to dismiss for insufficient evidence, speedy trial violation, or nolle prosequi by the Delaware DOJ.

Charge Reduction

Reduction from felony to misdemeanor, from higher-class felony to lower-class, or removal of mandatory-minimum-triggering allegations (drug weight tiers, weapon enhancements).

Probation Before Judgment (PBJ)

Probation Before Judgment under 11 Del. C. § 4218 — court accepts guilty plea but withholds judgment pending probation completion. Successful completion = dismissal and expungement eligibility.

Plea Agreement

Negotiated resolution under Del. Sup. Ct. Crim. R. 11. Includes charge reductions, dismissed counts, drug court/mental health court entry, and stipulated sentences. Truth-in-Sentencing means agreed time = actual time.

Trial Acquittal

Not guilty verdict by Delaware jury or judge. Delaware criminal juries are 12 for felonies, 6 for some misdemeanors, and must be unanimous.

Post-Conviction Relief

Delaware Rule 61 motion (Del. Sup. Ct. Crim. R. 61) for IAC, newly discovered evidence, constitutional violations. 1-year filing limit with narrow exceptions.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Delaware Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Delaware?

When Do You Need a Criminal Defense Attorney in Delaware?

Types of Criminal Defense Cases in Delaware

Common Delaware Criminal Defense Mistakes

How Much Do Delaware Criminal Defense Attorneys Cost?

What Can Your Delaware Criminal Defense Compensation Include?

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