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Bail Denial in Delaware Felony Cases

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In Delaware there is a proposed constitutional amendment that would allow a judge to order suspects be held without bail for at least 90 days. .if they are charged with crimes ranged from first-degree murder to burglary.

Under an amendment that failed twice six years ago judge could only deny bail if it was determined it was necessary to ensure the public’s safety.

But those held for the two highest classes of felonies would be eligible to have bail set if they do not go to trial within 90 days and have requested a continuance.              

TheWilmington News Journal reports that currently only those charged with capital murder punishable by death can be held without bail in Delaware.

The amendment is authored by state Attorney General Beau Biden’s office and Senator Robert Marshall is the sponsor of the amendment.

If adopted Delaware would join 27 other states that have constitutional or legislative measures that allow judges to deny bail. 

Don Rush is the News Director and Senior Producer of News and Public Affairs at Delmarva Public Media. An award-winning journalist, Don reports major local issues of the day, from sea level rise, to urban development, to the changing demographics of Delmarva.