Delaware § 210 Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant

Delaware Statutes

§ 210 — Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant

Delaware § 210

Title11

PartDelaware Criminal Code

Ch. 2GENERAL PROVISIONS CONCERNING OFFENSES

This text of Delaware § 210 (Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 11, § 210 (2026).

Text

A prosecution is not a bar within the meaning of §§ 207, 208 and 209 of this title under any of the following circumstances:

(1)The former prosecution was before a court which lacked jurisdiction over the defendant or the offense; or

(2)The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed; or

(3)The former prosecution resulted in a judgment of conviction which was held invalid on appeal or in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.

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A prosecution is not a bar within the meaning of §§ 207, 208 and 209 of this title under any of the following circumstances:

(1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense; or

(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed; or

(3) The former prosecution resulted in a judgment of conviction which was held invalid on appeal or in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.