(a) If, upon indictment or information, the defendant is acquitted, the costs shall be paid by the county.
(b) In cases of surety of the peace (which are herein deemed to be cases of a criminal nature) the court may order that the costs shall be paid by the defendant or by the prosecutor or by the county, as it deems just.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 41. FINES, COSTS, PENALTIES AND FORFEITURES
Subchapter I. General Provisions
§ 4101. Payment of fines, fees, costs, assessments, and restitution on conviction.
§ 4102. Payment of costs upon acquittal.
§ 4103. Refund of fines upon reversal of conviction.
§ 4105. Default in payment of fine; inability to pay.
§ 4106. Restitution for property damage or loss [Effective until Apr. 3, 2023].
§ 4106. Restitution for property damage or loss [Effective Apr. 3, 2023].