(a) When any adult shall have been arrested for any offense within the jurisdiction of this Court, the arresting officer may bring the person directly to the Court in the appropriate county if it be in session, unless a Judge of the Court directs otherwise, or, if the Court is not in session, before any other criminal court.
(b) Such Court shall inquire into the matter and shall hold the accused on the accused's own recognizance or on bail, with or without surety, and may bind material witnesses for their appearance before this Court at its next session or at such time as they may be notified by this Court to appear; and in default of bail, the accused and material witnesses shall be committed to the Department of Health and Social Services to be delivered to this Court at its next session. All recognizances and bail bonds shall be forthwith forwarded to the Court in the appropriate county.
(c) The accused shall, upon application, be granted a preliminary hearing.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE
§ 1002. Delinquent child not criminal; prosecution limited [Effective until Apr. 3, 2023].
§ 1002. Delinquent child not criminal; prosecution limited [Effective Apr. 3, 2023].
§ 1003. Commencement; parties.
§ 1004. Duties of officer having child in custody.
§ 1004A. Juvenile Offender Civil Citation Program.
§ 1005. Other courts; issuance of warrants; powers and duties.
§ 1006. Process; service; return; interim order; investigation.
§ 1007. Disposition of child pending adjudication; payment for care [Effective until Apr. 3, 2023].
§ 1007. Disposition of child pending adjudication; payment for care [Effective Apr. 3, 2023].
§ 1007A. Determination of competency of child.
§ 1007B. Use of restraints on a child.
§ 1007C. Appointment of counsel for juveniles [Effective until Apr. 3, 2023].
§ 1007C. Appointment of counsel for juveniles [Effective Apr. 3, 2023].
§ 1008. Committee on Dispositional Guidelines for Juveniles.
§ 1009A. Probation before adjudication of delinquency.
§ 1010. Proceeding against child as an adult; amenability proceeding; referral to another court.
§ 1011. Transfer of cases from Superior Court to Family Court.
§ 1013. Automatic expungement of juvenile record by effect of a Delaware gubernatorial pardon.
§ 1014. Juvenile expungement; statement of policy.
§ 1015. Filing an expungement petition.
§ 1016. Definitions applicable to juvenile expungements.
§ 1017. Mandatory expungement.
§ 1017A. Mandatory expungement; automatic.
§ 1018. Discretionary expungement.
§ 1019. Effect of expungement; disclosure of expunged records.
§ 1021. Prosecution of adults; process; bail.
§ 1022. Duties of other courts.
§ 1024. First offenders domestic violence diversion program.
§ 1025. Expungement of adult police and court records.
§ 1042. Commencement of action; procedure.
§ 1043. Ex parte orders and emergency hearings.
§ 1044. Nonemergency hearings.
§ 1045. Relief available; duration of orders, modification and termination.
§ 1046. Enforcement; sanctions for violation of order.
§ 1047. Nonpreclusion of remedies.
§ 1049B. Judicial enforcement of order.
§ 1049C. Nonjudicial enforcement of order.
§ 1049D. Registration of order.
§ 1049I. Enforcement of Canadian domestic-violence protection order by law-enforcement officer.
§ 1049J. Enforcement of Canadian domestic-violence protection order by the Court.
§ 1049K. Registration of Canadian domestic-violence protection order.
§ 1049N. Uniformity of application and construction.
§ 1049O. Relation to the Electronic Signatures in Global and National Commerce Act.
§ 1052. Appeals from custody orders.
§ 1053. Appeals by the State in Family Court cases.
§ 1061. Examination; treatment; payment.
§ 1062. Assignment of prosecutors and public defenders.
§ 1063. Proceedings; privacy, informality.
§ 1064. Merger; effect on Judges; employees; cases; records; prior offenses.
§ 1065. Obtaining personal jurisdiction.
§ 1066. Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement.