(a) If the defendant shall fail to appear as required by the defendant’s bail or shall commit any material breach of the conditions set forth in § 2104(b) or § 2108 of this title, the court shall issue a warrant and cause the arrest of such defendant and the cancellation of any bail and the return to the court for a redetermination of the disposition of the defendant.
(b) Upon the return of the defendant before the court pursuant to subsection (a) of this section or if the defendant shall not be found, the court shall act with respect to the forfeiture of any form of guaranteed or not guaranteed conditions of release bond pursuant to the Rules of the Superior Court and shall redetermine the type and amount of bail, and conditions of the further release of the defendant. Notwithstanding any law to the contrary, no property, cash, surety or other assets shall be forfeited except upon failure of the accused to appear as required by any court.
(c) If the defendant knowingly fails to appear as required or knowingly breaches any condition of release, each such failure or breach shall be a separate crime, and upon conviction thereof shall be punished as follows:
(1) If the defendant was released in connection with 1 or more charges of a felony prior to trial, or while awaiting sentence or pending appeal or certiorari after conviction of 1 or more felonies or misdemeanors, the defendant shall be guilty of a felony and punished by imprisonment not to exceed 5 years, or a fine of $5,000, or both;
(2) If the defendant was released in connection with 1 or more charges of misdemeanor prior to trial, the defendant shall be fined not more than $500, or imprisoned not more than 1 year, or both.
(d) The Justice of the Peace Court shall have jurisdiction over violations of this section if punishable as misdemeanors and if the jurisdiction over the underlying offense remains with the Justice of the Peace Court.
(e) Any defendant released pursuant to this chapter shall notify the court, before which the case is pending, of any changes of address or residence within 5 days of such change. Failure to make such notification will result in constructive receipt of any subpoena issued to the defendant by or on behalf of the court to the last address or residence given to the court by that defendant.
(f) Nothing in this chapter shall interfere with or prevent the exercise by any court of its power to punish for contempt.
11 Del. C. 1953,
§
2113;
56 Del. Laws, c. 231,
§
1;
69 Del. Laws, c. 198,
§
1;
70 Del. Laws, c. 186,
§
1;
74 Del. Laws, c. 172,
§
1;
74 Del. Laws, c. 322,
§
1;
79 Del. Laws, c. 36,
§
1;
81 Del. Laws, c. 200,
§
1;
Notes of Decisions
Cited in
9
cases (
7 in the last 5 years), 2014–2025 · leading case:
Nastatos v. May, No. 1:20-cv-00180 (D. Del. Mar. 1, 2023).
Nastatos v. May, No. 1:20-cv-00180 (D. Del. Mar. 1, 2023).
· cites it 3× “See 11 Del. Code § 2113(c); 11 Del. Code § 2109(c).”
Burroughs v. State, 304 A.3d 530 (Del. 2023).
· cites it 2× “106 11 Del. C. § 2113(b). 32 federal constitution so long as its imposition is supported by clear and convincing evidence.”
State v. Nastatos, No. 1102018112 (Del. Super. Ct. May 13, 2019).
“411 Del. C.§ 2113(c). 5 DI. 47 DIL. 56. Nastatos v.”
State v. El-Abbadi, No. 2204011164 2208009161 2207015239 (Del. Super. Ct. Feb. 7, 2024).
“See 11 Del. C. § 2113(c) (allowing for a maximum of 5 years at Level V, or a fine of $5,000, or both, for not complying with bond conditions).”
State v. El-Abbadi, No. 2204011164 (Del. Super. Ct. Feb. 8, 2024).
“§ 825 (classifying Burglary Second Degree as a Class D Felony); see also 11 Del.”
Wilson v. State, 319 A.3d 848 (Del. 2024).
“Wilson was charged with non- compliance with bond conditions under 11 Del. C. § 2113(c)(1), which provides for a maximum prison sentence of up to five years.”
State v. El-Abbadi, No. 2204011164 2207015239 2208009161 (Del. Super. Ct. June 27, 2024).
“See 11 Del. C. § 2113(c) (allowing for a maximum of 5 years at Level V, or a fine of $5,000, or both, for not complying with bond conditions).”
Ross v. State, 339 A.3d 749 (Del. 2025).
“(24) We also construe Ross’s argument that the second-degree criminal trespassing conviction was too harsh for what the evidence showed as a claim that the evidence was insufficient to support that conviction.”
Smith v. Delaware State Police, No. 12C-01-016 (Del. Super. Ct. July 8, 2014).
“Based on this report, Defendant Miller obtained an arrest warrant for Plaintiff’s arrest for the charge of Breach of Release in violation of 11 Del. Code § 2113 (c)(2) (“the Breach of Release Incident”).”
11 Del. C. § 2113(b): 1 case
Burroughs v. State, 304 A.3d 530 (Del. 2023).
“106 11 Del. C. § 2113(b). 32 federal constitution so long as its imposition is supported by clear and convincing evidence.”
11 Del. C. § 2113(c): 5 cases
State v. Nastatos, No. 1102018112 (Del. Super. Ct. May 13, 2019).
“411 Del. C.§ 2113(c). 5 DI. 47 DIL. 56. Nastatos v.”
State v. El-Abbadi, No. 2204011164 2208009161 2207015239 (Del. Super. Ct. Feb. 7, 2024).
“See 11 Del. C. § 2113(c) (allowing for a maximum of 5 years at Level V, or a fine of $5,000, or both, for not complying with bond conditions).”
State v. El-Abbadi, No. 2204011164 (Del. Super. Ct. Feb. 8, 2024).
“§ 825 (classifying Burglary Second Degree as a Class D Felony); see also 11 Del.”
Nastatos v. May, No. 1:20-cv-00180 (D. Del. Mar. 1, 2023).
“See 11 Del. Code § 2113(c); 11 Del. Code § 2109(c).”
State v. El-Abbadi, No. 2204011164 2207015239 2208009161 (Del. Super. Ct. June 27, 2024).
“See 11 Del. C. § 2113(c) (allowing for a maximum of 5 years at Level V, or a fine of $5,000, or both, for not complying with bond conditions).”
11 Del. C. § 2113(c)(1): 2 cases
Wilson v. State, 319 A.3d 848 (Del. 2024).
“Wilson was charged with non- compliance with bond conditions under 11 Del. C. § 2113(c)(1), which provides for a maximum prison sentence of up to five years.”
Nastatos v. May, No. 1:20-cv-00180 (D. Del. Mar. 1, 2023).
“See 11 Del. Code § 2113(c); 11 Del. Code § 2109(c).”
11 Del. C. § 2113(c)(2): 1 case
Nastatos v. May, No. 1:20-cv-00180 (D. Del. Mar. 1, 2023).
“See 11 Del. Code § 2113(c); 11 Del. Code § 2109(c).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.