Delaware § 5303 - Election by accused to have case tried by Court when proceeding brought before justice of the peace.
Full text of Delaware Delaware Code § 5303 — Election by accused to have case tried by Court when proceeding brought before justice of the peace., with citation guidance and answers to common questions.
§ 5303. Election by accused to have case tried by Court when proceeding brought before justice of the peace.
The accused in all criminal cases in which there is a possibility that a period of incarceration may be imposed or the maximum fine is $100 or more where a justice of the peace or alderman or mayor of any incorporated city or town, except the City of Newark, in the county where the charge is brought has jurisdiction and power to hear and finally determine the matter, may elect at any time prior to day of trial to have the case tried by the Court. If an offense or criminal case within the exclusive jurisdiction of a justice of the peace or alderman or mayor of any incorporated city or town, except the City of Newark, is or may be joined properly with a criminal case or other offense that is within the jurisdiction of the Court and has been transferred upon the accused’s election pursuant to this section, such criminal case shall be within the jurisdiction of the Court.
11 Del. C. 1953, § 5303; 59 Del. Laws, c. 133, § 3; 61 Del. Laws, c. 207, § 1; 63 Del. Laws, c. 398, § 1; 78 Del. Laws, c. 207, §§ 1, 2;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 5303
What does Delaware Code § 5303 cover?
Section 5303 ("Election by accused to have case tried by Court when proceeding brought before justice of the peace.") 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 § 5303?
A common citation format is "Delaware Code § 5303" (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 § 5303 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.