reglab/housing_qa huggingface dataset:
11 DE Code § 4221. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 42. Classification of Offenses; Sentences|§ 4221. Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity.

§ 4221. Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity. Notwithstanding any provision of law to the contrary, a court may modify, defer, suspend or reduce a minimum or mandatory sentence of 1 year or less, or a portion thereof, where the court finds by clear and convincing evidence, or by stipulation of the State, that the person to be sentenced suffers from a serious physical illness, injury or infirmity with continuing treatment needs which make incarceration inappropriate and that such person does not constitute a substantial risk to the community. 77 Del. Laws, c. 304, §  1;
11 DE Code § 4501. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 45. Appeal; Stay of Execution; Postconviction Remedy|§ 4501. Formal defects and clerical errors.

§ 4501. Formal defects and clerical errors. In a criminal case, judgment shall not be reversed for any clerical misprision or formal defect, if the record contains substantial ground for judgment. The omission of the words “with force and arms” shall be deemed a defect in form merely. Code 1852, §  2968;  Code 1915, §  4835;  Code 1935, §  5326;  11 Del. C. 1953, §  4501;
11 DE Code § 4502. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 45. Appeal; Stay of Execution; Postconviction Remedy|§ 4502. Stay of execution on writ of error or certiorari; requirements.

§ 4502. Stay of execution on writ of error or certiorari; requirements. No writ of error or writ of certiorari issuing from the Supreme Court in any criminal cause shall operate as a stay of execution of the sentence of the trial court unless such writ of error or writ of certiorari be sued out within 30 days from the date of final judgment in the court below, and unless the plaintiff in error obtains from the trial court (or, if the trial court refuses, then from 1 of the Justices of the Supreme Court) a certificate that there is reasonable ground to believe that there is error in the record which might require a reversal of the judgment below, or that the record presents an important question of substantive law which ought to be decided by the Supreme Court, and unless the plaintiff in error furnishes bond to the State, with surety to be approved and in an amount to be fixed by 1 of the Justices of the Supreme Court, conditioned as prescribed by rule of court. In cases where sentence of life imprisonment has been imposed, there shall be no stay of execution, and no supersedeas bond taken or allowed. In cases where sentence of death has been imposed, the trial court, if the certificate provided for in this section has been granted, may stay the execution of the death penalty pending the determination of the cause by the Supreme Court, but the defendant below shall not be released from custody. Code 1915, §  4847B;  35 Del. Laws, c. 231;  Code 1935, §  5327;  11 Del. C. 1953, §  4502;
11 DE Code § 4503. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 45. Appeal; Stay of Execution; Postconviction Remedy|§ 4503. Convictions before alderman or mayor; advising accused of right to trial by Court of Common Pleas.

§ 4503. Convictions before alderman or mayor; advising accused of right to trial by Court of Common Pleas. (a) Excepting those cases in which the sentence for the conviction of a crime was imprisonment not exceeding 1 month, or a fine not exceeding $100, any person convicted before any alderman or mayor of any incorporated city or town in this State for the violation of any city or town ordinance may appeal from such conviction to the Court of Common Pleas of the county in which the person has been so convicted, upon giving bond to the State with surety satisfactory to the alderman or mayor before whom such person was convicted, binding the person taking the appeal to appear before the Court. Notice of such an appeal shall be given to such alderman or mayor within 15 days from the time of conviction, counting the date of conviction as 1, and the bond with surety shall be filed within 15 days. Such appeal shall be prosecuted and the proceedings therein shall be had as in an appeal from a conviction before a justice of the peace in the case of a violation of the laws relating to the operation of motor vehicles. (b) In all criminal cases in all incorporated cities or towns where a mayor or alderman has jurisdiction to hear and determine the matter and the accused has the right to elect to have the case tried by the Court of Common Pleas, every mayor or alderman shall advise such accused of the right to so elect, before the mayor or alderman shall have jurisdiction to try the case. 46 Del. Laws, c. 107;  11 Del. C. 1953, §  4503;  58 Del. Laws, c. 62;  61 Del. Laws, c. 206, §  1;  69 Del. Laws, c. 423, §  15;  70 Del. Laws, c. 186, §  1;
11 DE Code § 4504. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 45. Appeal; Stay of Execution; Postconviction Remedy|§ 4504. Postconviction remedy.

§ 4504. Postconviction remedy. (a) Except at a time when direct appellate review is available, and subject to the time limitations set forth in this subsection, a person convicted of a crime may file in the court that entered the judgment of conviction a motion requesting the performance of forensic DNA testing to demonstrate the person's actual innocence. Any such motion may not be filed more than 3 years after the judgment of conviction is final. The motion may be granted if:  (1) The testing is to be performed on evidence secured in relation to the trial which resulted in the conviction; (2) The evidence was not previously subject to testing because the technology for testing was not available at the time of the trial; (3) The movant presents a prima facie case that identity was an issue in the trial; (4) The movant presents a prima facie case that the evidence to be tested has been subject to a chain of custody sufficient to establish that the evidence has not been substituted, tampered with, degraded, contaminated, altered or replaced in any material aspect; (5) The requested testing has the scientific potential to produce new, noncumulative evidence materially relevant to the person's assertion of actual innocence; and (6) The requested testing employs a scientific method which is generally accepted within the relevant scientific community, and which satisfies the pertinent Delaware Rules of Evidence concerning the admission of scientific testimony or evidence. (b) Except at a time when direct appellate review is available, a person convicted of a crime who claims that DNA evidence not available at trial establishes the petitioner's actual innocence may commence a proceeding to secure relief by filing a motion for a new trial in the court that entered the judgment of conviction. The court may grant a new trial if the person establishes by clear and convincing evidence that no reasonable trier of fact, considering the evidence presented at trial, evidence that was available at trial but was not presented or was excluded, and the evidence obtained pursuant to subsection (a) of this section would have convicted the person. (c) The court shall impose reasonable conditions on the testing designed to protect the state's interests in the integrity of the evidence and the testing process. (d) Any motion filed pursuant to this section shall be served upon the State. The State shall have an absolute right to appeal to an appellate court any order granting a motion for a new trial pursuant to this section. (e) The cost of DNA testing ordered under subsection (a) of this section shall be borne by the State or the applicant, as the court may order in the interests of justice, if it is shown that the applicant is not indigent and possesses the means to pay. 72 Del. Laws, c. 320, §  3;
11 DE Code § 5301. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 53. Court of Common Pleas|§ 5301. General provisions.

§ 5301. General provisions. (a) The accused shall have the right to trial by petit jury in all criminal cases except as otherwise provided by statute. (b) The Court shall have the power to receive pleas of guilty from persons charged with misdemeanors and to impose sentence or probation according to law, as fully as is now done by the Superior Court. (c) From any order, rule, decision, judgment or sentence of the Court in a criminal action, the accused shall have the right of appeal to the Superior Court in and for the county wherein the information was filed as provided in § 28, article IV of the Constitution of the State. Such appeal to the Superior Court shall be reviewed on the record and shall not be tried de novo. 11 Del. C. 1953, §  5301;  59 Del. Laws, c. 133, §  3;  69 Del. Laws, c. 421, §  1;
11 DE Code § 5302. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 53. Court of Common Pleas|§ 5302. Rules of criminal procedure.

§ 5302. Rules of criminal procedure. The Judges of the Court, or a majority of them, may, from time to time, adopt and promulgate general rules which prescribe and regulate the form and manner of process, pleading, practice and procedure governing criminal proceedings in the Court from inception to termination. 11 Del. C. 1953, §  5302;  59 Del. Laws, c. 133, §  3;
11 DE Code § 5303. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 53. Court of Common Pleas|§ 5303. Election by accused to have case tried by Court when proceeding brought before justice of the peace.

§ 5303. Election by accused to have case tried by Court when proceeding brought before justice of the peace. The accused in all criminal cases in which there is a possibility that a period of incarceration may be imposed or the maximum fine is $100 or more where a justice of the peace or alderman or mayor of any incorporated city or town, except the City of Newark, in the county where the charge is brought has jurisdiction and power to hear and finally determine the matter, may elect at any time prior to day of trial to have the case tried by the Court. If an offense or criminal case within the exclusive jurisdiction of a justice of the peace or alderman or mayor of any incorporated city or town, except the City of Newark, is or may be joined properly with a criminal case or other offense that is within the jurisdiction of the Court and has been transferred upon the accused's election pursuant to this section, such criminal case shall be within the jurisdiction of the Court. 11 Del. C. 1953, §  5303;  59 Del. Laws, c. 133, §  3;  61 Del. Laws, c. 207, §  1;  63 Del. Laws, c. 398, §  1;  78 Del. Laws, c. 207, §§  1, 2;
11 DE Code § 5304. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 53. Court of Common Pleas|§ 5304. Contempt; issuance of process in aid of jurisdiction.

§ 5304. Contempt; issuance of process in aid of jurisdiction. (a) The Court may punish contempt and may issue all process necessary for the exercise of its criminal jurisdiction, which process may be executed in any part of the State. (b) The Court, in the exercise of its criminal jurisdiction, may issue subpoenas and other warrants into any county in the State for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the Rules of the Court. 11 Del. C. 1953, §  5304;  59 Del. Laws, c. 133, §  3;  73 Del. Laws, c. 130, §  1;
11 DE Code § 5305. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 53. Court of Common Pleas|§ 5305. Bail and commitment upon election to trial by Court.

§ 5305. Bail and commitment upon election to trial by Court. (a) In all those cases where, by § 5303 of this title, the accused may elect to be tried by the Court, if the accused elects to be tried by the Court, the justice of the peace shall hold such accused under sufficient bail for a hearing or for accused's appearance at the Court where the matter shall proceed as though originating in the Court by information filed. (b) In default of bail, the person accused shall be committed to the custody of the Department of Correction to await the session of the Court. 11 Del. C. 1953, §  5305;  59 Del. Laws, c. 133, §  3;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 51, §  3;
11 DE Code § 5306. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 53. Court of Common Pleas|§ 5306. Witness fees.

§ 5306. Witness fees. (a) The witnesses attending the Court in criminal cases shall receive the same fees as in the Superior Court. (b) In criminal cases witness fees shall be taxed as part of the costs of such proceeding. 11 Del. C. 1953, §  5306;  59 Del. Laws, c. 133, §  3;
11 DE Code § 5307. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 53. Court of Common Pleas|§ 5307. Legal counsel for public officers and employees.

§ 5307. Legal counsel for public officers and employees. Any public officer or employee, in any criminal action against such officer or employee arising from the officer's or employee's state employment, shall be entitled to petition the Court for a Court-appointed attorney to represent the officer's or employee's interests in the matter. If the Judge, after consideration of the petition, examination of the petitioner and receipt of such further evidence as the Judge may require, determines that the petition has merit, the Judge shall appoint an attorney to represent the interests of such public officer or employee. The Court-appointed attorney shall represent such person at all stages, trial and appellate, until the final determination of the matter, unless the attorney is earlier released by such person or by the Court. In any action where the Court-appointed attorney has been appointed in the Court of Common Pleas, such attorney shall remain the Court-appointed attorney of said public official or employee even when the case is transferred for any reason to another court of this State. This section shall also apply to all federal courts within this State. 60 Del. Laws, c. 474, §  3;  60 Del. Laws, c. 676, §  3;  70 Del. Laws, c. 186, §  1;
11 DE Code § 5308. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 53. Court of Common Pleas|§ 5308. Preliminary hearing.

§ 5308. Preliminary hearing. A Court of Common Pleas Judge shall conduct a preliminary hearing in accordance with the rules of criminal procedure promulgated by the Court of Common Pleas. 61 Del. Laws, c. 348, §  1;
11 DE Code § 5901. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 59. Justices of the Peace|§ 5901. Advising accused of right to trial by Court of Common Pleas.

§ 5901. Advising accused of right to trial by Court of Common Pleas. In all criminal cases in all counties where a justice of the peace has jurisdiction to hear and determine the matter and the accused has the right to elect to have the case tried by the Court of Common Pleas, every justice of the peace shall advise such accused of the accused's right to so elect, before the justice shall have jurisdiction to try the case. Code 1915, §  3763E;  29 Del. Laws, c. 250;  37 Del. Laws, c. 262, §§  17, 19, 20;  38 Del. Laws, c. 199, §§  1, 2;  40 Del. Laws, c. 235, §§  1, 2;  40 Del. Laws, c. 236;  Code 1935, §§  5811, 5839;  42 Del. Laws, c. 184;  46 Del. Laws, c. 176;  11 Del. C. 1953, §  5901;  50 Del. Laws, c. 58, §  1;  58 Del. Laws, c. 432;  70 Del. Laws, c. 186, §  1;
11 DE Code § 5902. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 59. Justices of the Peace|§ 5902. Assault; trial procedure.

§ 5902. Assault; trial procedure. In every case of assault in which the defendant elects to be tried in the Justice of the Peace Court, the prosecution shall proceed consistent with the Justice of the Peace Court Criminal Rules. Code 1852, §  2016;  Code 1915, §  3958;  Code 1935, §  4458;  11 Del. C. 1953, §  5905;  75 Del. Laws, c. 278, §  3;
11 DE Code § 5903. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 59. Justices of the Peace|§ 5903. Arrest upon complaint; escaped persons.

§ 5903. Arrest upon complaint; escaped persons. Every justice of the peace shall cause to be arrested, on proper complaint, all persons found within the justice's county charged with any offense and all persons who, after committing any offense in such county, shall escape out of the same. Code 1852, §  2035;  Code 1915, §  3976;  Code 1935, §  4476;  11 Del. C. 1953, §  5906;  70 Del. Laws, c. 186, §  1;
11 DE Code § 5906. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 59. Justices of the Peace|§ 5906. Examination of complainants; warrant of arrest; form.

§ 5906. Examination of complainants; warrant of arrest; form. (a) When complaint is made in due form to a justice of the peace, alleging that an offense has been committed, the justice shall carefully examine the complainant on oath or affirmation and if the justice considers there is probable ground for the accusation, the justice shall issue the law-enforcement officer a warrant. (b) A warrant of arrest may be in the form prescribed by the Justice of the Peace Court Criminal Rules. (c) The warrant shall ordinarily be directed to any law-enforcement officer in the county in which the alleged offense was committed, but in case of an emergency the warrant may be directed to any law-enforcement officer in the State. (d) A copy of the complaint shall be attached to the warrant. Code 1852, §§  2023-2025;  Code 1915, §  3968;  Code 1935, §  4468;  11 Del. C. 1953, §  5910;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 278, §§  4-6;
11 DE Code § 5908. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 59. Justices of the Peace|§ 5908. Execution of warrant of arrest.

§ 5908. Execution of warrant of arrest. A warrant of arrest, issued by a justice of the peace in 1 county, may be executed in any county of the State. The constable or officer having it in hand may command aid as in the constable's or officer's own county. Code 1852, §  2036;  Code 1915, §  3977;  Code 1935, §  4477;  11 Del. C. 1953, §  5912;  70 Del. Laws, c. 186, §  1;
11 DE Code § 5909. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 59. Justices of the Peace|§ 5909. Proceedings on arrest.

§ 5909. Proceedings on arrest. (a) Upon the arrest of any person according to this chapter, the person arrested shall be brought before a Justice of the Peace Court in the county in which the offense was alleged to have occurred unless a Justice of the Peace Court in another county is closer to the place where the offense was alleged to have occurred, in which case the prosecution may be before said Court. (b) The Justice of the Peace Court before which the person is brought shall try the case so far as to determine whether the defendant ought to be discharged, or bound for the defendant's appearance at court or held to answer finally before the Justice of the Peace Court. In which last case, the justice shall proceed to hear fully and to determine the case. But if the matter is not properly cognizable before the justice for final decision, the justice shall commit, or bind, the party for the party's appearance at the court having cognizance of the case. Code 1852, §  2026;  Code 1915, §  3970;  Code 1935, §  4470;  11 Del. C. 1953, §  5913;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 342, §§  1, 2;
11 DE Code § 5910. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 59. Justices of the Peace|§ 5910. Use of audiovisual devices.

§ 5910. Use of audiovisual devices. Anything else in this or any other chapter or title notwithstanding, those proceedings specified by court rule may be conducted by audiovisual device. Audiovisual monitors shall be situated in the courtroom and at the location where the defendant is physically located so as to provide the public, the court and the defendant with a view of the proceedings. Such court proceedings may be conducted by a Justice of the Peace Court in the same or another county from that in which the defendant is physically located. 71 Del. Laws, c. 43, §  1;
11 DE Code § 5911. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 59. Justices of the Peace|§ 5911. Procedure where probable ground for accusation is found.

§ 5911. Procedure where probable ground for accusation is found. (a) If a justice of the peace considers there is probable ground for an accusation, the justice shall, in case of a capital crime, commit the accused for trial, and in any other case bind the accused, with sufficient surety, for the accused's appearance at such court having jurisdiction of the offense for the county where the offense is alleged to have been committed, and, if the accused does not give such surety, shall commit the accused for trial. (b) The justice shall also bind material witnesses for their appearance, without surety, unless the justice believes the witness will not appear, and that the loss of the witness' testimony ought not to be risked. In which case, justice may require surety and may commit the witness if it is not given. (c) Such binding of the accused and of the witnesses shall be as provided in Chapter 21 of this title. Code 1852, §§  2030-2032;  Code 1915, §  3972;  Code 1935, §  4472;  11 Del. C. 1953, §  5915;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 278, §  7;
11 DE Code § 5912. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 59. Justices of the Peace|§ 5912. Subpoenas and warrants in criminal cases; enforcement.

§ 5912. Subpoenas and warrants in criminal cases; enforcement. Any justice of the peace, in the exercise of that justice's criminal jurisdiction, may issue subpoenas and other warrants into any county in the State for summoning or bringing any person to give evidence in any matter triable before the justice and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the Rules of the Court. Code 1852, §§  2033, 2034;  Code 1915, §§  3973, 3974;  Code 1935, §§  4473, 4474;  11 Del. C. 1953, §  5916;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 130, §  2;
11 DE Code § 5913. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 59. Justices of the Peace|§ 5913. Endorsing names of witnesses on commitments and recognizances.

§ 5913. Endorsing names of witnesses on commitments and recognizances. (a) Justices of the peace and other officers of this State, who give persons charged with the commission of any crime, preliminary hearings, shall endorse on the back of such commitments and recognizances, the names of state's witnesses, and their place of residence. The prothonotaries of the respective counties shall insert the place of residence of such witnesses after their names in the subpoenas. (b) Whoever violates this section shall be fined not more than $10. 18 Del. Laws, c. 239;  Code 1915, §  3975;  Code 1935, §  4475;  11 Del. C. 1953, §  5917;