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·Title 11·Part Delaware Criminal Code·Ch. 2 GENERAL PROVISIONS CONCERNING OFFENSES

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Delaware § 210 (Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.