Felony Defense Attorney in Delaware — Charges, Bail, Plea Deals and Sentencing

Felony cases move fast, so early action counts. This guide from a felony defense attorney in Delaware perspective explains how felony cases work, what penalties apply, and how to protect yourself.

Delaware grades felonies as Class A to G. In addition, cases are prosecuted by the Attorney General's office (Delaware Department of Justice) in the Superior Court. Consequently, early legal advice is critical.

Our attorneys provide criminal case reviews, bail motions and mitigation documents across Delaware, entirely online.

How felonies are graded in Delaware

A felony is a serious crime, usually punishable by more than a year in prison. Delaware grades felonies as Class A to G. The grade affects the possible sentence, bail and plea options.

Delaware judges use the SENTAC sentencing guidelines. Therefore, criminal history matters a great deal. A criminal case review looks at the charge, the evidence and the likely range.

What to do right after a felony arrest in Delaware

First, stay calm and stay silent. You have the right to remain silent, and you should use it. Next, ask for a lawyer before answering questions.

Do not discuss the case on the phone from jail, because those calls are usually recorded. Similarly, avoid social media posts about the arrest. An arrest consultation or emergency criminal consultation helps your family act quickly.

Bail and pretrial release in Delaware

After arrest, a judge decides whether to release the accused and on what conditions. Courts consider the charge, criminal history and community ties. Strong family support can make a difference.

If bail is set too high, a motion can ask the court to reduce it. Our bail reduction motion service prepares this request at a fixed price. Furthermore, release conditions must be followed strictly, because violations can lead to re-arrest.

The stages of a felony case in Delaware

Felony cases follow a series of stages. First comes the initial appearance, where charges and release are addressed. Next, the case usually goes through a preliminary hearing or grand jury, depending on the court and charge.

After that, the accused is arraigned and enters a plea. Then come discovery, pretrial motions and plea negotiations. Finally, if no agreement is reached, the case goes to trial in the Superior Court.

Deadlines and continuances

Each stage has deadlines. For example, some motions must be filed before trial. Always attend every hearing.

Common defenses in Delaware felony cases

Every case is different, but certain defenses appear often. For example, the defense may challenge an illegal search or a coerced statement. Similarly, the defense may argue mistaken identity or lack of intent.

Sometimes the evidence simply does not prove guilt beyond a reasonable doubt. Therefore, the defense tests every piece of the prosecution's case. Our motion preparation service drafts motions to suppress and other pretrial motions.

Plea bargains in Delaware

Most felony cases end in a plea agreement. A plea may reduce the charge, the sentence or both. Even so, every plea has lasting consequences.

Before accepting a plea, understand the full consequences. These may include prison, probation, fines and a permanent record. In addition, consider effects on employment, housing and gun rights. Prosecutors in Delaware are represented by the Attorney General's office (Delaware Department of Justice), and negotiations often start early.

Sentencing in Delaware

Delaware judges use the SENTAC sentencing guidelines. Judges also consider the impact on victims and the need to protect the public.

Mitigation evidence can make a real difference. For example, letters from employers, family and community leaders show the person behind the charge. Our character letters for court service helps prepare persuasive letters. Furthermore, proof of treatment, work and education supports a lower sentence.

Felony charges and immigration status

Non-citizens face extra risks. A felony conviction can lead to deportation or block future immigration benefits. Therefore, non-citizens should get immigration advice early.

Read our guide to criminal charges and deportation to understand the risks. If you are detained by ICE, see our guide to ICE detention and bond in Delaware.

Life after a felony in Delaware

A felony conviction can affect jobs, housing and voting rights. However, many states offer ways to reduce the impact over time. For example, some convictions can be sealed or expunged after a waiting period.

Our expungement consultation explains whether you may qualify in Delaware. In addition, a pardon application may be possible in some cases. For appeals and post-conviction options, read our criminal appeals guide.

Public defenders and private counsel in Delaware

Anyone charged with a felony has the right to a lawyer. If you cannot afford one, the court in Delaware can appoint a public defender. Many public defenders are excellent trial lawyers with limited time.

Families sometimes want extra help alongside appointed counsel. For example, a second opinion on the evidence can clarify the options. Similarly, well-prepared mitigation material can support the defense at sentencing. Therefore, our fixed-fee services are designed to work with, not against, your trial lawyer.

What felony defense costs in Delaware

Felony defense is often billed as a flat fee per stage or by the hour. Costs depend on the charge, the evidence and whether the case goes to trial. Complex cases with many witnesses cost more.

Fixed-fee services reduce that cost. For example, case reviews, bail motions and mitigation packets can be ordered at set prices. As a result, you know the cost up front. For a national overview, read our felony defense guide.

How fixed-fee help works for Delaware felony cases

You do not need to buy every hour to get strong documents. Instead, you can order specific services. For example, many families start with a criminal defense consultation to understand the charge.

After that, you can order motions, bail requests or character letters as the case moves forward. Each has a set price. Furthermore, everything happens online, so family members anywhere can help. Our documents can also support the work of your court-appointed or local trial attorney.

If you are unsure where to begin, gather the charging papers, bail paperwork and court dates first. Then book a review, and we will explain your next steps clearly.

Our Felony Defense services in Delaware

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Delaware. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Felony Defense across Delaware — cities we serve

We work with clients in every part of Delaware, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Delaware law and your county's local practice. Choose your city below to see local details and prices.

• Wilmington: Criminal-defense consultation in Wilmington · Criminal Charge Review & Defense Strategy Memo in Wilmington · Emergency criminal consultation in Wilmington
• Dover: Criminal-defense consultation in Dover · Criminal Charge Review & Defense Strategy Memo in Dover · Emergency criminal consultation in Dover
• Newark: Criminal-defense consultation in Newark · Criminal Charge Review & Defense Strategy Memo in Newark · Emergency criminal consultation in Newark
• Middletown: Criminal-defense consultation in Middletown · Criminal Charge Review & Defense Strategy Memo in Middletown · Emergency criminal consultation in Middletown
• Smyrna: Criminal-defense consultation in Smyrna · Criminal Charge Review & Defense Strategy Memo in Smyrna · Emergency criminal consultation in Smyrna

More Delaware services

Criminal Charge Review & Defense Strategy Memo in Delaware · Emergency criminal consultation in Delaware · Bail Hearing — Motion to Reduce or Set Bail in Delaware · Motion / Response Preparation (Self-Represented) in Delaware · Character Reference Letters for Court in Delaware · Arrest consultation in Delaware. See all legal services in Delaware.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Criminal-defense consultation in Maryland, Criminal-defense consultation in Pennsylvania, Criminal-defense consultation in New Jersey. See every location we cover.

Frequently asked questions

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Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.