§ 5909 — Proceedings on arrest

Delaware § 5909

• Jurisdiction: Delaware
• Title: 11
• Part: Procedure in Particular Courts
• Ch. 59: JUSTICES OF THE PEACE

Text

(a) Upon the arrest of any person according to this chapter, the person arrested shall be brought before a Justice of the Peace Court in the county in which the offense was alleged to have occurred unless a Justice of the Peace Court in another county is closer to the place where the offense was alleged to have occurred, in which case the prosecution may be before said Court.

(b) The Justice of the Peace Court before which the person is brought shall try the case so far as to determine whether the defendant ought to be discharged, or bound for the defendant’s appearance at court or held to answer finally before the Justice of the Peace Court. In which last case, the justice shall proceed to hear fully and to determine the case. But if the matter is not properly cognizable before the justice for final decision, the justice shall commit, or bind, the party for the party’s appearance at the court having cognizance of the case.

Legislative History

Code 1852, § 2026; Code 1915, § 3970; Code 1935, § 4470; 11 Del. C. 1953, § 5913; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 342, §§ 1, 2