If you only remember one point about how bond works in Delaware, remember this: Delaware uses cash, surety, and ROR. Courts may release defendants on unsecured bail, secured cash bail, surety bonds, or own recognizance. Cash-only bail is required for certain offenses. Preventive detention without bail applies to capital cases and some violent felonies. Procedure, examples, and the opinions below hang off Del. Code Ann. tit. 11, §§ 2106–2126. Bail is set at the commissioner or judicial bail hearing considering flight risk, criminal history, and community ties under § 2106.
The bail / bond hearing
Bail is set at the commissioner or judicial bail hearing considering flight risk, criminal history, and community ties under § 2106.
Judges typically weigh:
- Seriousness of the charge and potential sentence.
- Criminal history and prior failures to appear.
- Community ties (work, family, length of residence).
- Flight risk and danger to the community or alleged victim.
- Whether non-monetary conditions (GPS, stay-away orders, reporting) can manage the risk.
Defendants can usually move to reduce bond or convert cash to surety/ROR as facts develop.
Walking through Delaware facts
Use this walkthrough to see which Delaware authority does the work at each step.
A defendant is booked in Delaware and wants release before trial.
- Start from the release system: cash, surety, and ROR under Del. Code Ann. tit. 11, §§ 2106–2126.
- Match the charge to the forms of release Delaware uses: Courts may release defendants on unsecured bail, secured cash bail, surety bonds, or own recognizance. Cash-only bail is required for certain offenses. Preventive detention without bail applies to capital cases and some violent felonies.
- Prepare for the hearing on these terms: Bail is set at the commissioner or judicial bail hearing considering flight risk, criminal history, and community ties under § 2106.
- If the defendant misses court, the bond consequence is: Bond forfeiture for failure to appear is addressed under Del. Code Ann. tit. 11, § 2118.
Delaware bond practice is cash, surety, and ROR, decided under Del. Code Ann. tit. 11, §§ 2106–2126.
What happens if someone skips court?
Bond forfeiture for failure to appear is addressed under Del. Code Ann. tit. 11, § 2118.
A missed appearance can also produce a bench warrant, new charges, and loss of any cash posted. Sureties may hire recovery agents or petition for exoneration after surrendering the defendant.
Practical tips
- Appear at every hearing — bond cannot protect you from a warrant if you skip.
- Ask counsel about bail review motions if the initial amount is unaffordable.
- Do not confuse bond with fines or restitution; bond money (except surety fees) is usually returned after the case ends if you appear as required.
- Research Delaware opinions on bail and pretrial release in LawDiver before a contested detention hearing.
Case law: bail and bond in Delaware
Mojica v. State
Mojica v. State, 977 A.2d 899 (2009)
…December 2006 on unrelated criminal charges and released on bail. The bail was posted by a bondsperson, who discovered shortly after posting the bond that Mojica was wanted on a new warrant for an assault charge. Because the new warrant violated the conditions of his release on bail and would result in forfeiture of the bond, the bondsperson sent agents to Mojica's apartment to…
Delaware opinions such as Mojica v. State are cited where bail / bond is disputed. The court stated: "December 2006 on unrelated criminal charges and released on bail. The bail was posted by a bondsperson, who discovered shortly after posting the bond that Mojica was wanted on a new warrant for an assault charge." That is the language to brief; the rest of the decision supplies the procedural posture.
State of Delaware v. Richard Mitchell
State of Delaware v. Richard Mitchell, 59 Del. 11 (1965)
…d he was held for prosecution in this court, and in lieu of bail he was committed. On August 10,1964, Royall and Blanche Thompson, private and personal sureties 1 , posted a $1,000.00 bail bond with a magistrate at Newark, Delaware, to secure defendant’s release and he was released on bail. *13 Mitchell had been arrested by the police of Highland Township, Pennsylvania, on July…
Practitioners open State of Delaware v. Richard Mitchell when Delaware bail / bond turns on the distinction in this sentence: "On August 10,1964, Royall and Blanche Thompson, private and personal sureties 1 , posted a $1,000.00 bail bond with a magistrate at Newark, Delaware, to secure defendant’s release and he was released on bail." Do not lift it out of the facts the court was deciding.
Robert E. EATON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee
…ith Assault in the Second Degree, a felony, and released on bail. One of the conditions in Eaton’s bail bond was for him to have “no contact” with the alleged assault victim. 11 Del.C. § 2108(a)(5). Eaton was subsequently arrested and charged with three separate breaches of this “no contact” condition in his bail bond. The original assault charge and the three breach of release…
Delaware opinions such as Robert E. EATON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee are cited where bail / bond is disputed. The court stated: "Assault in the Second Degree, a felony, and released on bail. One of the conditions in Eaton’s bail bond was for him to have “no contact” with the alleged assault victim. 11 Del.C. § 2108(a)(5)." That is the language to brief; the rest of the decision supplies the procedural posture.
Burroughs v. State
…ding free of any financial conditions to his release; money bail, according to the accused, is, to the extent it is designed to protect public safety, prohibited. We disagree. In arriving at our decision, we recognize that a bail system that allows a dangerous, but affluent, defendant to gain pretrial release while a non-dangerous defendant without bail resources is detained pe…
Burroughs v. State is worth reading on Delaware bail / bond because the court put the point in its own words: "ding free of any financial conditions to his release; money bail, according to the accused, is, to the extent it is designed to protect public safety, prohibited. We disagree. In arriving at our decision, we recognize that a bail system that allows a dangerous, but affluent, defe" Use that passage as the starting point, then read the facts that precede it.
State v. Burroughs
…the State’s case, the Superior Court Commissioner! imposed bail in the amount of $110,501 cash. Defendant filed a Motion for Non-Financial Conditions of Release (the “Motion for Non-Financial Conditions”) in response to the imposition of monetary bail, but the Commissioner ultimately denied that motion in her September 7" Order (the “Order”). Defendant now asks this Court to r…
On bail / bond, State v. Burroughs speaks to the Delaware dispute in this passage: "State’s case, the Superior Court Commissioner!" The surrounding opinion shows how the court applied that language to the record.
State v.Thompson
…No. 1906000870 Letter Decision on Appeal of Commissioner’s Bail Decision Dear Counsel: The Court has before it the State’s Motion for Reconsideration of Commissioner’s Order and Motion to Stay Commissioner’s Order. I have carefully reviewed the parties’ submissions before the Commissioner, the transcript of the Bail Hearing held on February 13, 2020, as well as the transcript…
On bail / bond, State v.Thompson speaks to the Delaware dispute in this passage: "No. 1906000870 Letter Decision on Appeal of Commissioner’s Bail Decision Dear Counsel: The Court has before it the State’s Motion for Reconsideration of Commissioner’s Order and Motion to Stay Commissioner’s Order." The surrounding opinion shows how the court applied that language to the record.
State v. Elliott
…arraigned in the Justice of the Peace and a magistrate set bail in the amount of $43,000 unsecured. The following day, June 10, 2021, the State filed a Motion to Increase Bail in the Court of Common Pleas setting forth that the previously set bail was insufficient to secure Defendant’s appearance at trial and to protect the community. A video hearing was held on June 10, 2021…
On bail / bond, State v. Elliott speaks to the Delaware dispute in this passage: "Justice of the Peace and a magistrate set bail in the amount of $43,000 unsecured." The surrounding opinion shows how the court applied that language to the record.
State v. Lewis
…ed criminal charges. After Lewis was detained in default of bail, he filed a motion that, among other things, challenged the constitutionality of Delaware’s bail statute. While the motion was pending, Lewis’s bail was reduced, he posted a bond, and he was released from detention. Consequently, the Superior Court Commissioner assigned to hear Lewis’s motion denied it as moot. Le…
Delaware opinions such as State v. Lewis are cited where bail / bond is disputed. The court stated: "After Lewis was detained in default of bail, he filed a motion that, among other things, challenged the constitutionality of Delaware’s bail statute. While the motion was pending, Lewis’s bail was reduced, he posted a bond, and he was released from detention." That is the language to brief; the rest of the decision supplies the procedural posture.
Key takeaways
- System: cash, surety, and ROR.
- Authority: Del. Code Ann. tit. 11, §§ 2106–2126.
- Release options: Courts may release defendants on unsecured bail, secured cash bail, surety bonds, or own recognizance.
- Hearings: Bail is set at the commissioner or judicial bail hearing considering flight risk, criminal history, and community ties under § 2106.
- Missing court: Bond forfeiture for failure to appear is addressed under Del. Code Ann. tit. 11, § 2118.
Bail and pretrial release in Delaware
In everyday speech, “bond” and “bail” both describe the financial or non-financial conditions that allow release while a criminal case is pending. Technically, bail is the court’s release decision; a bond is the instrument (cash, surety, or unsecured promise) securing that release. Delaware’s rules live primarily in Del. Code Ann. tit. 11, §§ 2106–2126.
Types of pretrial release in Delaware
Courts may release defendants on unsecured bail, secured cash bail, surety bonds, or own recognizance. Cash-only bail is required for certain offenses. Preventive detention without bail applies to capital cases and some violent felonies.
Common options across Delaware practice (availability varies by charge):
- Release on recognizance (ROR) — promise to appear; little or no cash.
- Unsecured / signature bond — liability if you fail to appear, without upfront cash.
- Cash bond — full amount deposited with the court.
- Surety bond — a licensed bondsman posts the bond for a non-refundable fee (often ~10%).
- Property bond — real property pledged (where allowed).
- Detention / preventive hold — no release when statutes require or when risk cannot be managed with conditions.
Frequently asked questions
How does bond work in Delaware?
Delaware uses cash, surety, and ROR under Del. Code Ann. tit. 11, §§ 2106–2126. Courts may release defendants on unsecured bail, secured cash bail, surety bonds, or own recognizance.
What does a judge look at in a Delaware bail hearing?
Bail is set at the commissioner or judicial bail hearing considering flight risk, criminal history, and community ties under § 2106.
What if I miss court after posting bond?
Bond forfeiture for failure to appear is addressed under Del. Code Ann. tit. 11, § 2118.
Is cash bail required in Delaware?
Not always. Courts may release defendants on unsecured bail, secured cash bail, surety bonds, or own recognizance. Cash-only bail is required for certain offenses. Preventive detention without bail applies to capital cases and some violent felonies. Confirm the charge and local schedule — reform jurisdictions emphasize non-monetary conditions for many offenses.