Bail After an Arrest
11 Del. C. § 2104 — release on one of four bonds, with two conditions on every one
A person arrested and charged with a crime other than a capital crime is released on one of these:
- A conditions of release bond.
- A conditions of release bond not guaranteed by financial terms, in an amount the court specifies.
- One guaranteed by financial terms, with the amount and the surety set by the court.
- One secured by cash only, in an amount the court sets.
Every release requires returning to court on notice and committing no criminal offense. The court may add other conditions where needed to assure appearance, protect the community, victims and witnesses, and keep the process intact.
The decision is written in an order that lists the conditions and says what violating them can bring. Where one is available, the court uses a risk assessment instrument to make it.
Before a magistrate. A person arrested and not released is brought before a magistrate within 24 hours, unless the court for good cause extends it by up to 48 hours.
The code also carries a rewritten bail chapter waiting to take effect, and what this page says is in both versions. A particular release is a question for a licensed Delaware attorney.
Sources for this section (2)
- 11 Del. C. § 2104 — Release of defendants charged with any other crime
- 11 Del. C. § 1909 — Hearing without delay; permissible delay
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.