Post-Trial Considerations

Double jeopardy—rule:

Defendant may be prosecuted for more than one offense based on same conduct; can only be convicted of one offense if: (1) one offense included in other, (2) one offense consists only of attempt to commit other, or (3) inconsistent findings of fact required to establish commission of offenses

DJ - Included offense

—offense included when it: (1) is established by proof of same or less than all facts required to establish commission of offense charged, (2) consists of attempt to commit offense charged (or otherwise included), or (3) involves same result but differs from offense charged only because a less serious injury or risk of injury to same person, property, or public interest or a lesser kind of culpability suffices

DJ -Same offense

—prosecution for violation of same statutory provisions based on same facts as former prosecution is barred if former prosecution: (1) resulted in acquittal (not set aside), (2) was terminated after information filed or indictment found by final order or judgment for defendant (not set aside, reversed, or vacated), (3) resulted in conviction, or (4) improperly terminated

DJ - Different offense

—generally prosecution for violation of different statutory provision or based on different facts is not barred; can be barred under specific circumstances

DJ - Not a bar

—former prosecution does not bar later prosecutions in certain circumstances (e.g., was before court that lacked jurisdiction over defendant or offense)

DJ - Different jurisdictions

—when conduct is an offense within concurrent jurisdiction of DE and United States or other state, prosecution in other jurisdiction can bar prosecution in DE

DJ - Guilty plea

—voluntary guilty plea waives any alleged errors or defects occurring before entry

DJ - State’s right to appeal: granted by statute

• Appeal as of right—absolute right in certain circumstances, including order suppressing or excluding substantial and material evidence

• Discretionary—request for court to determine substantial question of law or procedure; appeal permitted at appellate court’s discretion

DJ - Appeal by defendant

—must be filed within 30 days of verdict

Postconviction proceedings

—motion for postconviction relief cannot be filed until judgment of conviction final; must be filed within one year of judgment becoming final

Parole and probation - Arrest

—warrantless arrest permitted for violating any condition of probation or sentence suspension

Parole and probation - Right to Counsel

—person has right when taken into or held in custody for probation violation

Parole and probation - Hearing

—must have hearing without unnecessary delay after arrest and detention for violating probation

Parole and probation - Sentence imposition

—if violation established, court may take several courses of action (including continuing or revoking probation or imposing sentence that might have been originally imposed)