Delaware Municipal Court

Court Information

We’ve been practicing in the Delaware Municipal Court since 2003 and have successfully represented clients on cases there including OVI / DUIs, theft and drug related offenses, as well as most other criminal offenses.

Court Process Information

Your case will start with an arraignment, which is where the charges will be read in front of a judge or magistrate and you will plead “not guilty,” “guilty” or “no contest.” One advantage of hiring a criminal defense attorney from Luftman, Heck & Associates is that unless it is decided to be in your best to resolve your case with a guilty plea in arraignment, you usually will not have to miss work or school to show up for your arraignment. We are able to plead your case “not guilty” in your absence.

The next step is for the case to be set for a pre-trial or status conference. Before this date, we will request discovery and review the materials the prosecution provides. You will receive a copy of all of the police reports, investigative notes, DVDs or CDs received for your review. Generally, if possible, we like our clients to email a detailed summary of the events, thoughts on the discovery as well as some positive biographical information. Typically, we will set up a telephone or office meeting to discuss the status of your case.

At the pre-trial, we discuss any and all legal issues and mitigating circumstances with the prosecutor your case is assigned to. If the prosecutor agrees there are issues, then we can work on getting the charge(s) dismissed, lessening the offense(s) to one that doesn’t carry mandatory prison time, or making a joint recommendation for no jail or prison time.

If the case is not resolved after this, it would proceed to a motion hearing (a hearing where the judge issues a ruling on an evidentiary issue) or a trial to the judge or jury, depending on the circumstances.