Delaware News

New law enhances legal penalties for defendants who violate pre-trial restrictions

Criminal Division | Department of Justice | Department of Justice Press Releases | Date Posted: Wednesday, July 8, 2009



The Delaware Attorney General’s office announced that defendants being
detained prior to trial are now subject to the same legal penalties for violating no contact orders and
other pre-trial conditions as those who are released on bail pending trial. This loophole in State law
was closed through legislation drafted by the Delaware Department of Justice and signed into law
today by Governor Markell.

“This new law provides greater protection to victims of crime,” said State Prosecutor Richard
Andrews. “Closing this loophole assures that all defendants who violate pre-trial conditions are held
accountable to the fullest extent of the law.”

Recently, a Delaware court ruled that defendants under certain court-ordered restrictions before
trial, such as “no contact” orders, but who remained in custody due to an inability to post bail or were
denied bail were not subject to felony charges stemming from the violation of those orders. House Bill
181 applies the same guidelines for breach of conditions of release to all defendants awaiting trial,
regardless of whether they are released on bail or in custody pending trial.

This legislation was sponsored by Representative Michael A. Barbieri, and co-sponsored by
Representative Deborah Hudson and Senator Liane M. Sorenson.
# # #

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New law enhances legal penalties for defendants who violate pre-trial restrictions

Criminal Division | Department of Justice | Department of Justice Press Releases | Date Posted: Wednesday, July 8, 2009



The Delaware Attorney General’s office announced that defendants being
detained prior to trial are now subject to the same legal penalties for violating no contact orders and
other pre-trial conditions as those who are released on bail pending trial. This loophole in State law
was closed through legislation drafted by the Delaware Department of Justice and signed into law
today by Governor Markell.

“This new law provides greater protection to victims of crime,” said State Prosecutor Richard
Andrews. “Closing this loophole assures that all defendants who violate pre-trial conditions are held
accountable to the fullest extent of the law.”

Recently, a Delaware court ruled that defendants under certain court-ordered restrictions before
trial, such as “no contact” orders, but who remained in custody due to an inability to post bail or were
denied bail were not subject to felony charges stemming from the violation of those orders. House Bill
181 applies the same guidelines for breach of conditions of release to all defendants awaiting trial,
regardless of whether they are released on bail or in custody pending trial.

This legislation was sponsored by Representative Michael A. Barbieri, and co-sponsored by
Representative Deborah Hudson and Senator Liane M. Sorenson.
# # #

image_printPrint


Graphic that represents delaware news on a mobile phone

Keep up to date by receiving a daily digest email, around noon, of current news release posts from state agencies on news.delaware.gov.

Here you can subscribe to future news updates.