As amended through November 14, 2024
Rule 48 - Nolle Prosequi and Dismissal(a) Nolle prosequi by Attorney General. The Attorney General may file a nolle prosequi in writing or orally on the record. The latter need not be reduced to writing as long as same is reflected in the written record of the judge or master accepting the nolle prosequi on the record. Upon entry of a nolle prosequi of an information, petition or complaint, the prosecution thereof shall terminate; however, in any case in which a plea of guilty or nolo contendere shall have been entered or a finding of guilt made, a nolle prosequi shall be filed and entered only by and with the consent of the Court. (b) Dismissal by Court. If there is unnecessary delay in bringing to trial a person held to answer, the Court may dismiss all proceedings in that action and release the accused and vacate any appearance bonds. Del. Fam. Ct. R. Crim. P. 48