Del. Fam. Ct. R. Crim. P. 6C

As amended through November 14, 2024
Rule 6C - Preliminary Hearing
(a) When entitled. A child is entitled to a preliminary hearing when charged with an offense within the original jurisdiction of the Superior Court or has been found non-amenable after a hearing as provided by statute. If the preliminary hearing is waived, the Court shall forthwith hold the child to answer in the Superior Court. If the child charged does not waive the preliminary hearing, the Court shall schedule a preliminary hearing.
(b) Scheduling. Such hearing shall be held within a reasonable time but in any event not later than 10 days following the finding of non-amenability if the child is detained and no later than 20 days if not detained, provided, however, that the preliminary hearing shall not be held if the child is indicted or if any information against the child is filed in Superior Court before the date set for the preliminary hearing. With the consent of the child charged and upon a showing of good cause, taking into account the public interest in the prompt disposition of criminal cases, time limits specified in this paragraph may be extended 1 or more times by a judge of the Family Court. In the absence of such consent by the child charged, time limits may be extended only upon a showing that extraordinary circumstances exist and that delay is indispensable to the interests of justice.
(c) Probable cause finding. If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the child charged committed it, the Court shall forthwith hold the child to answer in Superior Court. The finding of probable cause may be based upon hearsay evidence in whole or in part. The child charged may cross-examine prosecution witnesses and may introduce evidence in defense. Objections to evidence on the ground that it was acquired by unlawful means are not properly made at the preliminary hearing. Motions to suppress must be made to the trial court.
(d) Discharge of person charged. If from the evidence it appears that there is no probable cause to believe that an offense has been committed or that the child charged committed it, the Court shall dismiss the proceeding and discharge the child. The discharge of the child charged shall not preclude the State from instituting a subsequent prosecution for the same offense.
(e) Records. After the conclusion of the proceeding, the Clerk of Court shall transmit forthwith to the Prothonotary for the proper county all papers in the proceeding and any bail taken.

Del. Fam. Ct. R. Crim. P. 6C