(a) Subject to subsection (b) of this section, 2 or more persons charged with conspiracy to commit a crime may be prosecuted jointly if:
(1) They are charged with conspiring with one another; or
(2) The conspiracies alleged, whether they have the same or different parties, are so related that they constitute different aspects of a scheme of organized criminal conduct.
(b) In any joint prosecution under subsection (a) of this section:
(1) No defendant shall be charged with a conspiracy in any county other than one in which the defendant entered into the conspiracy or one in which an overt act pursuant to the conspiracy was done by the defendant or by a person with whom the defendant conspired; and
(2) Neither the criminal liability of any defendant nor the admissibility against a defendant of evidence of acts or declarations of another shall be enlarged by the joinder; and
(3) The court may order a severance or take a special verdict as to any defendant who so requests, if it deems such action necessary or appropriate to promote the fair determination of guilt or innocence, and the court may take any other proper measures to protect the fairness of the trial.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
§ 501. Criminal solicitation in the third degree; class A misdemeanor.
§ 502. Criminal solicitation in the second degree; class F felony.
§ 503. Criminal solicitation in the first degree; class E felony.
§ 511. Conspiracy in the third degree; class A misdemeanor.
§ 512. Conspiracy in the second degree; class G felony.
§ 513. Conspiracy in the first degree; class E felony.
§ 522. Joinder and venue in conspiracy prosecutions.
§ 531. Attempt to commit a crime.
§ 532. “Substantial step” defined.
§ 533. Conduct intended to aid another to commit a crime.
§ 541. Criminal solicitation, conspiracy, attempt to commit a crime; defense of renunciation.