(a) A capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a trial which results in less than a conviction of a capital crime or except as provided in subsection (b) of this section.
(b) The Superior Court may admit to bail a person charged with a capital crime if, after full inquiry, the Superior Court shall determine that there is good ground to doubt the truth of the accusation, and the burden of demonstrating such doubt shall be on the accused.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES
§ 2101. Purposes of this chapter.
§ 2103. Persons charged with a capital crime.
§ 2104. Release of defendants charged with any other crime.
§ 2108. Conditions for release.
§ 2110. Modification of bail, security or conditions of release and sanctions for violation.
§ 2111. Procedure for pretrial release or implementing this chapter.
§ 2112. Bail after transfer to another court or after conviction.
§ 2113. Penalties for noncompliance with conditions of release bond.
§ 2114. Administration of this chapter.