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FREQUENTLY ASKED QUESTIONS
What are my most important Constitutional Rights in the criminal case process?
The Right to Remain Silent: You are not required
to tell the police or anyone else anything about the charges against
you. DO NOT TALK to anyone about your case unless your Public Defender
or his or her representative is with you.
The Right to a Lawyer: When you are charged with
a crime for which you can go to prison, you have the right to a lawyer.
If you do not have the money for a lawyer the Court will refer you
to the Public Defender's Office.
The Right to Trial by Jury: If you are charged with
a serious crime, you have a right to a trial by jury.
How do I know if I'm eligible for a Public Defender?
If you have been charged with a crime for
which you could be sent to prison, you may visit your Public Defender's
Office to see if you meet the eligibility requirements.
At what stages in the criminal case process does the Public Defender
represent me?
When you are found eligible, the Public Defender's
Office will represent you as soon as you are charged with a
crime for which you could be sent to prison and stay with your case
from arraignment through every stage of the process.
Who will I talk to at the Public Defender's Office?
The first person you are likely to see is an investigator
who will determine your eligibility and then listen to your side of
the story. The investigator will interview you to gather facts about
your case to give to your attorney. It is important that you be honest
and up front with the investigator and provide names and addresses
of any witnesses who would be willing to testify for you at trial.
You will also talk to the attorney who is assigned
to you as well as other attorneys who are stationed at the various
courts each day. Your attorney may decide to have you meet with a
psycho-forensic evaluator, a trained professional who will determine
the need for any additional information about your past history such
as family life, education, skills, or drug or alcohol abuse.
In addition to attorneys, psycho-forensic evaluators,
and investigators, the public defender staff employs paralegals, secretaries,
and technical staff who may be involved in your defense as appropriate.
What if I do not speak English, need an interpreter, or I am hearing impaired?
The Public Defender's Office will arrange for necessary interpretive services to help you communicate with your lawyer and to understand your court proceedings.
What is an arraignment?
An arraignment is a court procedure where you will
be informed of the charges against you and you will be asked to enter
a plea of guilty or not guilty to the charges. A staff lawyer will
represent you at arraignment and will explain your constitutional
rights and the process to you. If you plead not guilty, a case review
date will be set.
What is a case review?
Case review is a court proceeding where the prosecutor
and your lawyer meet to discuss the evidence, the witnesses, and the
legal issues regarding the case. This proceeding may be an opportunity
to enter a plea. If you do not enter a plea at that time, the case
will be set for another case review or for trial.
What is a misdemeanor case?
A misdemeanor is any crime less serious than a felony.
If you are accused of a misdemeanor, you will have a trial either
in the Justice of the Peace Court or you have the option to transfer
your case to the Court of Common Pleas. A staff lawyer who is
assigned to that court will represent you. We do not represent on
minor traffic offenses.
Who are the Assistant Public Defenders?
They are experienced attorneys licensed to practice
law in the State of Delaware.
What can they do for you?
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Represent you in court by speaking on your behalf or defending you at trial.
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Explain the charges and the possible penalties.
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Explain the court process.
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Negotiate with the criminal prosecutor on your
behalf to lower or dismiss your charges.
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