Del. C. » Title 11 — Criminal Procedure Generally · CHAPTER 21. Release of Persons Accused of Crimes · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 2102 (2026)

Definitions [Effective until Feb. 1, 2027]

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For purposes of this chapter the following definitions shall apply:

(1) “Attorney General” includes any Deputy Attorney General or any other prosecutor of the State, county or municipality.

(2) “Bail” means the pretrial release of a defendant from custody upon the terms and conditions specified by an order of the court with jurisdiction. Bail may be any of the following:

a. A conditions of release bond.

b. A conditions of release bond not guaranteed by financial terms.

c. A conditions of release bond guaranteed by financial terms.

d. A conditions of release bond guaranteed by financial terms secured by cash only.

(3) “Bailable offense” is any offense not punishable by death.

(4) “Capital crime” means any crime for which the punishment shall be death.

(5) “Conditions of release bond” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute.

(6) “Conditions of release bond guaranteed by financial terms” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by a surety, property, cash or other assets.

(7) “Conditions of release bond guaranteed by financial terms secured by cash” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by cash only.

(8) “Conditions of release bond not guaranteed by financial terms” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute, whereupon failure to appear or comply with conditions, the defendant may be liable for the amount of the bond, but the bond is not guaranteed by any surety or specific pledge of property or other assets.

(9) “Court” means Superior Court, Court of Common Pleas, Family Court, and Justice of the Peace Court.

(10) “Crime” means any offense which is punishable by a fine or imprisonment.

(11) “Pretrial success” means a defendant’s compliance with orders to appear in court as directed and not commit any new criminal offense between the initial arrest and adjudication of the pending criminal charges.

(12) “Record finding” is a memorandum, notation, opinion, order or other writing in the file of the case of the accused reflecting the decision made by the court.

(13) “Violent felonies” or “violent felony” shall consist of all felonies designated as violent felonies in § 4201(c) of this title.

11 Del. C. 1953, §  2102;  56 Del. Laws, c. 231, §  1;  66 Del. Laws, c. 300, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 176, §  14;  79 Del. Laws, c. 36, §  1;  81 Del. Laws, c. 200, § 1;
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1969–2023 · leading case: In re Steigler, 250 A.2d 379 (Del. 1969).
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In re Steigler, 250 A.2d 379 (Del. 1969). · cites it 4× “By 11 Del.C. § 2102(a), it was provided that a capital crime shall not be bailable, but by § 2102(b) it was provided that the Superior Court may admit to bail in capital offenses “if after full inquiry, [it] shall determine that there is good ground to doubt the truth of the…”
Burroughs v. State, 304 A.3d 530 (Del. 2023). “It bears emphasis here that Burroughs’s argument on this point is not that cash cannot be used to achieve the purposes of bail but only that, should cash or other financial conditions be attached to a defendant’s bail, the amount of cash must not 111 11 Del. C. §§ 2102(2),…”
11 Del. C. § 2102(2): 1 case
Burroughs v. State, 304 A.3d 530 (Del. 2023). “It bears emphasis here that Burroughs’s argument on this point is not that cash cannot be used to achieve the purposes of bail but only that, should cash or other financial conditions be attached to a defendant’s bail, the amount of cash must not 111 11 Del. C. §§ 2102(2),…”
11 Del. C. § 2102(a): 1 case
In re Steigler, 250 A.2d 379 (Del. 1969). “By 11 Del.C. § 2102(a), it was provided that a capital crime shall not be bailable, but by § 2102(b) it was provided that the Superior Court may admit to bail in capital offenses “if after full inquiry, [it] shall determine that there is good ground to doubt the truth of the…”
11 Del. C. § 2102(b): 1 case
In re Steigler, 250 A.2d 379 (Del. 1969). “By 11 Del.C. § 2102(a), it was provided that a capital crime shall not be bailable, but by § 2102(b) it was provided that the Superior Court may admit to bail in capital offenses “if after full inquiry, [it] shall determine that there is good ground to doubt the truth of the…”
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