(a) Types of pleas. A person charged may plead not guilty, guilty or, with the consent of the Court, nolo contendere. If a person charged refuses to plead or if the Court, which may do so, refuses to accept a plea of guilty, the Court shall enter a plea of not guilty.(b) Nolo contendere; guilty without admission. A defendant may plead nolo contendere or guilty without admitting the essential facts constituting the offense(s) charged only with the consent of the court. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interest of the public in the effective administration of justice. (c)Requirements for accepting plea of guilty or nolo contendere.-- The Court shall not accept a plea of guilty or a plea of nolo contendere from a person charged without first addressing the person charged and ascertaining the following: (1) that the person charged is the person named as the person charged in the information or petition;(2) that the person charged understands the facts alleged in the information or petition and that these facts constitute the particular offense(s) charged;(3) that the person charged has fully discussed the facts alleged in the information or petition and the plea of guilty to the offense charged therein with counsel, if the person is represented, and if the person is a child with the custodian as well; (4) that the person charged is knowingly, intelligently and voluntarily admitting the offense charged, in the information or petition;(5) that no threats, promises, or representations have been made to the person charged or, if the person is a child to the person or the custodian, to induce entry of a plea of guilty or nolo contendere;(6) that the person charged, and if the person is a child the custodian as well, understands the sentencing alternatives available to the Court if the person charged enters a plea of guilty or nolo contendere, including, if the person is a child, the provisions of the Mandatory Sentencing Act, if applicable;(7) that there have been no promises or representations made to the person charged, or if the person is a child to the person or the custodian, with respect to the sentence the Court will impose;(8) that the person charged understands that the following Constitutional rights will be waived if the plea of guilty or nolo contendere is accepted by the Court: (a) the right to a speedy trial; (b) if the person is an adult, the right to be represented by counsel at trial and sentencing;(c) the right to cross-examine witnesses and present defense witnesses; and(d) the right to be presumed innocent until proven guilty beyond a reasonable doubt;(9) that the person charged understands that the next step in the proceedings will be sentencing; and(10) that the person charged, and if the person is a child the custodian as well, fully understands the consequences of the plea of guilty to the offense(s) charged in the information or petition.(d) Factual basis required. The Court shall not enter judgment upon a plea unless it is satisfied that there is a factual basis for the plea.(e) Court action after entry of guilty plea. After entering a plea of guilty in the Court records, the Court may: (1) hear testimony, review documents, or make further inquiry as it deems appropriate;(2) proceed directly to adjudication of the matter and sentencing; or (3) continue the matter for sentencing. Del. Fam. Ct. R. Crim. P. 11
Amended July 18, 2018, effective 12/1/2018.