Delaware § 210 - Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.

Full text of Delaware Delaware Code § 210 — Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant., with citation guidance and answers to common questions.

§ 210. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.

A prosecution is not a bar within the meaning of §§ 207, 208 and 209 of this title under any of the following circumstances:

(1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense; or

(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed; or

(3) The former prosecution resulted in a judgment of conviction which was held invalid on appeal or in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.

11 Del. C. 1953, §  210;  58 Del. Laws, c. 497, §  1; 

Source: official Delaware text · Last verified 2026-08-27

Frequently Asked Questions About Delaware § 210

What does Delaware Code § 210 cover?

Section 210 ("Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Delaware § 210?

A common citation format is "Delaware Code § 210" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Delaware law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.

How does Delaware § 210 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.