Delaware Code § 11-5303

Election by accused to have case tried by Court when proceeding brought before justice of the peace
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The accused in all criminal cases in which there is a possibility that a period of incarceration may be imposed or the maximum fine
is $100 or more where a justice of the peace or alderman or mayor of any incorporated city or town, except the City of Newark, in the
county where the charge is brought has jurisdiction and power to hear and finally determine the matter, may elect at any time prior to
day of trial to have the case tried by the Court. If an offense or criminal case within the exclusive jurisdiction of a justice of the peace
or alderman or mayor of any incorporated city or town, except the City of Newark, is or may be joined properly with a criminal case
or other offense that is within the jurisdiction of the Court and has been transferred upon the accused's election pursuant to this section,
such criminal case shall be within the jurisdiction of the Court.

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