Delaware Statutes

§ 1907 — Summons instead of arrest; form; penalty for nonappearance

Delaware·Title 11·Part Criminal Procedure Generally·Ch. 19 ARREST AND COMMITMENT; FRESH PURSUIT·Subch. Arrest and Commitment
(a)In any case in which it is lawful for a peace officer to arrest without a warrant a person for a misdemeanor, the officer may, but need not, give the person a written summons in substantially the following form:
(b)If the person fails to appear in answer to the summons, or if there is reasonable cause to believe that the person will not appear, a warrant for the person’s arrest may issue.
(c)Whoever wilfully fails to appear in answer to the summons may be fined not more than $100 or imprisoned for not more than 30 days, or both.

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Legislative History

Code 1935, §§ 5343-I; 48 Del. Laws, c. 304 ; 11 Del. C. 1953, § 1909; 70 Del. Laws, c. 186, § 1

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