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FAQ2021-10-27T18:59:51-04:00

Arrest – Initial Court Hearing – Bail

The initial contact with Law Enforcement and the legal system is often overwhelming and confusing. The laws of our State are not always well known; yet they remain as legal requirements whether we like them or not until they are changed by legislative or judicial action. The information that follows is educational in nature and should NOT be considered or used as legal advice under any circumstance. The “Mapping your way through” website and website team disavows any claim or attempt otherwise. Please consult with a lawyer or your state elected official for information specific to your situation. For resources related to Arrest, Court, or Bail click here.

WARRANTS

What is a SEARCH warrant?2021-05-24T17:04:32-04:00

What is a SEARCH warrant?

A search warrant is a document created by a law enforcement officer for approval by a judge to authorize a search based on probable cause. The purpose of a search warrant is to ensure that there is prior judicial authorization for entry into areas in which a person has a reasonable expectation of privacy. Search warrants may be issued for people (including by the taking of blood or saliva samples); buildings/property (e.g., house, garage, car), or things (e.g., cell phone, computer).

 

How does the judge decide whether to issue a search warrant or not?2021-05-24T17:07:18-04:00

How does the judge decide whether to issue a search warrant or not?

Under both the United States and Delaware Constitutions, a search warrant must “particularly describe” the place to be searched and the person or items to be seized. A search warrant may not be generic. The judge reviews the search warrant application submitted by a law enforcement officer to determine whether probable cause exists sufficient to cause a reasonable person to believe that a crime has been committed and that the identified property to be seized would be found in a particular place or on a particular person (and that the items to be searched for are connected with criminal activities). Probable cause here is a commonsense determination based upon the facts contained within the affidavit and application clearly demonstrating a connection between the people or items the police are looking for and the place to be searched.

 

Do police officers have to knock and announce themselves before entering my home to search it?2021-05-24T17:07:15-04:00

Do police officers have to knock and announce themselves before entering my home to search it?

Usually, but not always.

 

Are police officers required to have a search warrant to search my home?2021-05-24T17:07:12-04:00

Are police officers required to have a search warrant to search my home?

Usually, but with some notable exceptions. For example, when police are hotly pursuing someone who they have probable cause to believe has committed a crime or when a search is in connection with an arrest, police do not have to have a search warrant. Also, probation officers may conduct what are called “administrative searches” of individuals under probation or parole supervision in accordance with Department of Correction procedures.

Are police officers limited to what and where they can search in my home?2021-05-24T17:07:09-04:00

Are police officers limited to what and where they can search in my home?

If police have a search warrant, it will specifically list what they are searching for. However, if a search is performed based on an exception to the law requiring search warrants, the search may be more expansive.

Do I have a right to demand to see the search warrant?2021-05-24T17:07:07-04:00

Do I have a right to demand to see the search warrant?

Yes. Under Delaware law, the officer taking property under a search warrant must give a copy of the warrant to the person from whom or from whose premises the property was taken. The law also requires that they provide a receipt for the property taken. Alternatively, they may leave the copy of the warrant and receipt at the place from which the property was taken.

Can police execute a search warrant at my house at night?2021-05-24T17:07:05-04:00

Can police execute a search warrant at my house at night?

If they are in possession of a “nighttime” search warrant, which can be issued by the court upon request in exceptional circumstances, police may search a “dwelling house” between 10 p.m. and 6 a.m. Otherwise, all searches of dwellings are to occur between 6 a.m. and 10 p.m.

What is an ARREST warrant?2021-05-24T17:07:02-04:00

What is an ARREST warrant?

It is a document created by a law enforcement officer for approval by a judge authorizing the police to take someone accused of a crime into custody. Arrest warrants serve the purpose of protecting people from unlawful arrests under the Fourth Amendment to the United States Constitution. While an arrest warrant is preferred, it is not required in order for police to make a lawful arrest. The warrant must list the offense(s) being charged and describe the charge(s) in some detail. The warrant acts as an order that the defendant be arrested and brought before the nearest available committing magistrate.

How does a judge decide whether to issue an arrest warrant or not?2021-05-24T17:06:59-04:00

How does a judge decide whether to issue an arrest warrant or not?

The judge must find that there is probable cause to issue the arrest warrant. A common definition for “probable cause” is “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true”. (see more about Probable Cause below). The warrant must establish probable cause that a violation of the law has been committed and that the person to be arrested committed the violation. It is not necessary, for the sake of an arrest warrant, to uncover information to prove a suspect’s guilt beyond a reasonable doubt or even to prove that guilt is more likely than not; the probable cause standard is lower than both of these standards.

Does my Loved One who is being arrested have the right to see the arrest warrant?2021-05-24T17:06:57-04:00

Does my Loved One who is being arrested have the right to see the arrest warrant?

Yes, but not necessarily at the time of the arrest. The arresting officer does not have to have the warrant with them. If the person arrested requests, the warrant should be shown to them as soon as reasonable

Can I see the arrest warrant as a named victim, or a friend or family member of the person arrested?2021-05-24T17:06:55-04:00

Can I see the arrest warrant as a named victim, or a friend or family member of the person arrested?

If you are a victim, you should contact Victim Services for more information (1-800-VICTIM-1 or 1-800-842-8461) https://dsp.delaware.gov/victim-services about your request. If you are a friend or family member of the arrested person and your Loved One is not able (or willing) to show you their copy of the arrest warrant, you may need to contact their attorney (or an attorney of your own) to find out if you can see the warrant and how to obtain a copy of it.

ARREST AND DETENTION

What are their rights in pre-trial detention?2021-05-24T17:24:31-04:00

What are their rights in pre-trial detention?

That is up to the prison who have their own rules. You can contact each prison at the numbers below:

  • Howard R Young Correctional Institute (HRYCI): 302-575-0330
  • James T Vaughn Correctional Center (JTVCC): 302-653-9261
  • Sussex Correctional Institute (SCI): 302-856-5545
  • Baylor’s Women’s Prison: 302-577-3004
Will I be able to put money on their phone/commissary account while they are in pre-trial?2021-05-24T17:16:28-04:00

Will I be able to put money on their phone/commissary account while they are in pre-trial?

Typically, yes. After they have been processed at the prison, you should be able to deposit money into their commissary account and phone account.

Can my Loved One call me?2021-05-24T17:16:03-04:00

Can my Loved One call me?

The arresting agency may let them make a phone call to you, but they do not have to allow this; there is no right to a phone call.

How long will it be before they get a hearing and can get bail set?2021-05-24T17:15:42-04:00

How long will it be before they get a hearing and can get bail set?

Once charged this usually moves quickly, usually the same day they are charged.

How will I know where they will be held?2021-05-24T17:15:18-04:00

How will I know where they will be held?

You will not know unless the arresting agency tells you. If they do not tell you, you will have to call around to local police agencies and prison.

Where will my Loved One be held? Are they held at the Police station or do they go to jail?2021-05-24T17:14:59-04:00

Where will my Loved One be held? Are they held at the Police station or do they go to jail?

Initially they are held at the police station and then moved to a prison. Delaware has no jails.

Can I see my Loved One before they are sent to Detention?2021-05-24T17:14:34-04:00

Can I see my Loved One before they are sent to Detention?

Generally, no. Once they are moved to the prison you may be able to make an appointment for a visit to see them. The exception is when the arrestee is a juvenile and you are their parent or legal guardian, in which case you will be expected to appear with them at their initial presentment in front of the Justice of the Peace Court. Usually this will be by video with you and your child at the police station. If your child is brought directly to the court (a rare occurrence), you will be expected to appear there instead of the police station. In case the juvenile ends up being sent to a non-secure facility, you are also expected to bring with you any necessary medications for your child.

Can the Police let them go and then arrest them later?2021-05-24T17:14:10-04:00

Can the Police let them go and then arrest them later?

Yes, it is a common practice to use this tactic to gather evidence and put pressure on the person.

How long can the police detain my Loved One before they are arrested or set free?2021-05-24T17:13:39-04:00

How long can the police detain my Loved One before they are arrested or set free?

The law says two (2) hours, but they do not have to be charged or arrested until the arresting agency decides to do so.

If a car is impounded, how do I get it back?2021-05-24T17:13:06-04:00

If a car is impounded, how do I get it back?

Contact the arresting agency and request permission to do so. You will have to wait until your Loved One is officially charged before you can make the request. However, if the property is evidence, you will not get it back.

Can I retrieve my Loved One’s personal property (e.g., car keys, phone, wallet)?2021-05-24T17:12:30-04:00

Can I retrieve my Loved One’s personal property (e.g., car keys, phone, wallet)?

It is up to the discretion of the arresting officers whether to release anything and when.

What happens to my Loved One when they get arrested?2021-05-24T17:11:12-04:00

What happens to my Loved One when they get arrested?

In most cases, when someone is arrested, they will be taken to the police station, processed, and put in a holding cell. They may also be transported by the arresting police agency to another police agency if that agency is responsible for the investigation. In other words, if your Loved One is stopped by a New Castle County Police officer and she discovers that your Loved One has a “hard” warrant (a warrant for arrest on new charges) out of Delaware State Police Troop 6’s jurisdiction, they will most likely be transported to Troop 6.

Police may question your Loved One or they may put them before the judge immediately after completing processing. They will fill out a Defendant History, also known as a pedigree sheet, with basic information such as their name, date of birth, address, phone number, etc.

How does my Loved One get an attorney at no cost?2021-05-24T17:10:43-04:00

How does my Loved One get an attorney at no cost?

If your Loved One is incarcerated after their arrest, an intake investigator from the Office of Defense Services will interview them and an attorney from the Public Defender’s Office (PDO) or the Office of Conflicts Counsel (OCC) will be appointed to represent them.

If, instead, they are released after their arrest, they can call the numbers below and speak to the representative on the phone or leave a voicemail and someone will promptly return the call.

New Castle County                     Kent County                                Sussex County
302-255-0130                             302-739-4476                             302-856-5310

For an adult to qualify for legal services, they must be charged with a crime where they could face prison time and they must be found to be without income. An interview with the intake investigator will be required to determine eligibility. If they are found to be eligible, an attorney will be appointed to represent them. All minors are automatically eligible for representation and will be provided with an attorney after completing an intake interview.

Do I call a lawyer or public defender while my Loved One is at the police station?2021-05-24T17:10:14-04:00

Do I call a lawyer or public defender while my Loved One is at the police station?

Yes, if possible, you should contact an attorney as soon as you know your Loved One has been arrested and let the arresting agency know that you have done so.

If my Loved One is arrested, how can I find out what they are charged with?2021-05-24T17:09:48-04:00

If my Loved One is arrested, how can I find out what they are charged with?

If they are a juvenile, only the parent or legal guardian will have a right to know. However, for adults, you will not know until your Loved One is officially charged and taken to the court.

Is a capias the same thing as a bench warrant? What is it exactly?2021-05-24T17:09:22-04:00

Is a capias the same thing as a bench warrant? What is it exactly?

Yes. “Capias” is a Latin term still used widely in Delaware to refer to a bench warrant. A bench warrant is issued by a judge when an individual violates the rules of the court. Generally, capiases are issued for one of two reasons: failure to appear in court or failure to pay (fines, fees, or restitution, for instance).

How can I find out if there is a warrant out for my Loved One?2021-05-24T17:08:46-04:00

How can I find out if there is a warrant out for my Loved One?

You can visit https://pubsrv.deljis.delaware.gov/WantedPublic/Default.aspx for information. Please be aware that recent changes to warrant status may not always be reflected.

What is Probable Cause?2021-05-24T17:08:23-04:00

What is Probable Cause?

“Probable cause” is a legal standard of proof with its basis in the Fourth Amendment of the United States Constitution. A common definition of the term is “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true”.  Probable cause is what the police need to make an arrest. Probable cause is also what the police need to obtain an arrest warrant or a search warrant from a judge. “Reasonable doubt” is a substantially weaker standard than what is required to secure a criminal conviction (i.e., proof beyond a reasonable doubt).

What are my Loved One’s rights if they are stopped or questioned by police?2021-05-24T15:12:53-04:00

What are my Loved One’s rights if they are stopped or questioned by police?

  • They have the right to remain silent, and anything they do say can and will be used against them in court. In order to invoke this right to remain silent, your Loved One must tell the officer that they do not want to speak to the officer. They should be respectful, but firm, when invoking their right to remain silent.
  • Your Loved One has the right to an attorney before and during any questioning. If they cannot afford an attorney, one will be appointed to assist them. In order to invoke this right, your Loved One must tell the officer that you want an attorney.
  • Your Loved One also has the right to refuse to be searched or have their property searched. There are, however, situations where law enforcement can search them or their property without consent (see below, Probable Cause and Search Warrants). So, while they should make clear that they do not consent to the search, they must not resist the search.
  • They do NOT have the right to resist arrest even if they believe the arrest is “illegal.” They MUST obey the officer’s commands. If they fail to follow the officer’s commands, they may be arrested on additional charges.
  • They do NOT have the right to refuse to give their name to police. If they do not give their real name, they can be charged with Criminal Impersonation.

INITIAL COURT HEARING

Once your Loved One has gone through police intake procedures, they will appear in front of a Justice of the Peace (also called a magistrate), most likely by video, for an arraignment or presentment.

What is the difference between an arraignment and a presentment?2021-05-24T17:23:15-04:00

What is the difference between an arraignment and a presentment?

You will hear both terms used, but they are not interchangeable. One easy way to distinguish them is whether the court is seeing a defendant on charges over which it has jurisdiction to hear the case through trial to sentencing, or not. If it is an arraignment, your case may or may not go to another court. If it is a presentment, the court reading the charges must send the case to another court to be heard.

Where will my Loved One’s case go after initial presentment?2021-05-24T17:23:25-04:00

Where will my Loved One’s case go after initial presentment?

If they are charged with a misdemeanor where a family member or domestic partner or an unrelated juvenile is the alleged victim, the case may be transferred to Family Court. If your Loved One is under the age of 18, they will have their case transferred to Family Court, except for minor traffic infractions.

If they are an adult charged with a misdemeanor that does not involve a family member or domestic partner, in many cases your Loved One will have the right to choose whether to have their case remain in the Justice of the Peace Court or have it transferred to the Court of Common Pleas. The magistrate will explain their options during your arraignment.

If your Loved One is charged with a felony, their case will first go to the Court of Common Pleas for a preliminary hearing which will automatically be scheduled for a future date by the Court after the presentment has been held, although they or their attorney may later waive—or give up—the right to have such a hearing. At a preliminary hearing, the State must present evidence to the Court to establish that sufficient “probable cause” exists to hold the defendant for trial. To establish probable cause, the Court must have a reasonable belief that a crime has been committed and that person charged committed the offense. Probable cause is a fairly low bar and is no indication that an individual will later be found guilty, as the proof standard at trial is much higher. If probable cause is demonstrated, the case will then proceed to Superior Court, which is the court of general jurisdiction for the State of Delaware; this means that they have authority to hear cases of all kinds.

If my Loved One is arrested after usual court business hours or on the weekend, do they have to wait until the next business day to see a judge?2021-05-24T17:23:32-04:00

If my Loved One is arrested after usual court business hours or on the weekend, do they have to wait until the next business day to see a judge?

No. Each county in Delaware has a magistrate’s court which is open 24 hours a day, 365 days a year (including holidays and regardless of weather conditions) mainly for this purpose and for the acceptance of bail. These courts are: Justice of the Peace (JP) Court 11, New Castle; JP Court 7, Dover; and JP Court 3, Georgetown. Addresses and phone numbers for these locations are listed below under “Bail”.

Your Loved One may see the magistrate as soon as several minutes after their arrest or up to several hours, depending on the situation. Delaware is what is called a “forthwith” state, meaning that a criminal defendant must be seen in an expedited manner (the law says: “without unreasonable delay”). The main reason for this is that Delaware has a unified court system which means we do not have any jails in Delaware and that pre-trial defendants and post-conviction defendants are both held in state prisons. Technically, Delaware law allows for detention of adults for up to 24 hours from the time of arrest before being seen by the Court (or up to 48 hours if good cause can be shown). In practice, initial arraignment or presentment of an arrestee usually takes place within a few hours of arrest.

Will my Loved One be taken to court or be seen by video?2021-05-24T17:23:40-04:00

Will my Loved One be taken to court or be seen by video?

In most cases your Loved One will be seeing the magistrate by video from the police station, however in some cases they may be brought directly from the scene of arrest to the court.

What happens when my Loved One is seen by the court?2021-05-24T17:23:45-04:00

What happens when my Loved One is seen by the court?

The magistrate will ask your Loved One their name and date of birth. The magistrate may also ask for their address. Your Loved One will be reminded of their right to remain silent and their right to an attorney. The magistrate will then read each charge against your Loved One and give them some basic details about the offense: What they allegedly did, when and where they allegedly did it, who the alleged victims were, etc. They will also advise your Loved One of the level of each crime: whether it is a violation, a misdemeanor, or a felony and what level misdemeanor or felony it is. Along with this, they will advise your Loved One of the potential penalties they would face if convicted, including the range of any potential jail sentence. The magistrate will go through each charge in the same fashion. They will set bail and any appropriate conditions and advise your Loved One of where their case will be going next. If all the charges in a case are under the same jurisdiction of the Justice of the Peace Court and the Court of Common Pleas, the magistrate will explain the differences between the two courts and ask your Loved One where they wish to have their case heard.

BAIL

Bail is the most well-known term of what are often collectively called “conditions of release.” These are conditions set by a court to help ensure: 1) that the accused appears back in court; and 2) that the accused does not pose a significant threat to any specific individuals or the public at large.

What is bail?2021-05-24T19:03:58-04:00

What is bail?

Bail is the amount of money a defendant must post to be released from custody until their trial is heard. The purpose of bail is to ensure the defendant’s appearance at all court trials and hearings. Once the defendant’s trial has concluded, the bail is returned to the individual who posted it. If the defendant fails to appear, he/she risks having the bail forfeited.

What is a bail bond?2021-05-24T19:03:41-04:00

What is a bail bond?

A bail bond is a written guarantee that a defendant will attend all further court proceedings.

What types of bail / bond are there?2021-05-24T19:03:21-04:00

What types of bail / bond are there?

  • Signature/Own Recognizance (or “OR”) – The defendant is not required to pay any money but must sign a bond guaranteeing their appearance for future court appearances.
  • Unsecured – The defendant signs a bond guaranteeing their appearance for future court appearances. If the defendant does not appear, the Court may require the defendant to pay a designated amount of money.
  • Secured – The defendant (or someone on their behalf) must pay the Court a designated amount of money or post security in the amount of the bail to be released. This security can be in the form of cash or property and may be posted by the defendant or by someone on their behalf, e.g., a relative or a bail bondsman.
  • Cash Only – The defendant (or someone on their behalf) must pay the Court a designated amount of money to be released. The defendant and the co-signer, if any, must sign the bond that guarantees the defendant’s appearance at future court.
How does the judge determine initial bail for my Loved One?2021-05-24T19:03:01-04:00

How does the judge determine initial bail for my Loved One?

They will weigh many factors when deciding the type of bail as well as the amount of bail. Some of these factors include the risk of flight posed by your Loved One, the type of crime(s) they are being charged with, how long the defendant has lived in Delaware, how many times they have failed to appear in court before, and the defendant’s criminal history (if any). The judge will also be looking at whether your Loved One poses a danger to certain individuals or the public. Bail may be imposed with specific conditions such as a no contact order with the alleged victim in the case.

When I sign a bond for my Loved One, what am I promising?2021-05-24T19:02:40-04:00

When I sign a bond for my Loved One, what am I promising?

You are promising that your Loved One will appear at court when ordered and that they will follow conditions placed on them by the court, such as no contact with the victim.

Where do I go to post a bond and when?2021-06-08T16:06:57-04:00

Where do I go to post a bond and when?

Bonds for Justice of the Peace Court defendants OR for any defendants who have just been arrested and have had their initial appearance before a magistrate may be posted at one of the three 24-hour JP Court locations (open 365 days a year and not subject to state closings or holidays):

New Castle County – Justice of the Peace Court 11
2 Penns Way, Suite 100A, New Castle, DE 19720
Phone: 302-323-4450

Kent County – Justice of the Peace Court 7
480 Bank Lane, Dover, DE 19804
Phone: 302-739-4554

Sussex County – Justice of the Peace Court 3
23730 Shortly Road, Georgetown, DE 19947
Phone: 302-856-1445

OR you may go to any other JP Criminal Court (not Civil Court) location during their regular business hours which are usually 8:00 a.m. to 4 p.m. Monday through Friday. These courts do not accept cash payment after 3:30pm:

New Castle County

Justice of the Peace Court 9
757 N. Broad Street, Middletown Sq. Shopping Center, Middletown, DE 19709
Phone: 302-378-5221; (M-F 8am – 4 pm)

Justice of the Peace Court 10
210 Greenbank Road, Wilmington, DE 19808
Phone: 302-995-8640; (M-F 8am – 4 pm)

Justice of the Peace Court 20
300 N. Walnut Street, Public Safety Building, Wilmington, DE 19801
Phone: 302-577-7234; (M-F 8am – 4 pm)

Kent County

Justice of the Peace Court 6
35 Cams Fortune Way, Harrington, DE 19952
Phone: 302-422-5922; (M-F 8am – 4 pm)

Justice of the Peace Court 8
100 Monrovia Avenue, Smyrna, DE 19977
Phone: 302-653-2888; (M,Tu 8am – 4pm, closed Wed-Fri and weekends)

Sussex County

Justice of the Peace Court 2
35252 Hudson Way, Unit #1, Rehoboth Beach, DE 19971
Phone: 302-645-6163; (M-F 8 a.m. to 4 p.m.)

Justice of the Peace Court 4
408 E. Stein Highway, Seaford, DE 19973
Phone: 302-628-2036; (M-F 8 a.m. to 4 p.m.

Justice of the Peace Court 14
5 East Pine Street, Georgetown, DE 19947
Phone: 302-856-4657; (M-F 8 a.m. to 4 p.m.)


Bonds for Court of Common Pleas defendants may be posted at the Clerk’s office in any Court of Common Pleas location between 8:30 a.m. to 4:00 p.m. Monday through Friday.

New Castle County – Leonard L. Williams Justice Center (formerly New Castle County Courthouse)
500 North King Street, Wilmington, DE 19801
Phone: 302-255-0900

Kent County – Kent County Courthouse
414 Federal Street, Dover, DE 19901
Phone: 302-735-3900

Sussex County – Sussex County Courthouse
1 The Circle, Suite 1, Georgetown, DE 19947
Phone: 302-858-5700


Bonds for Family Court defendants may be posted at any Family Court location between 8:30 a.m. and 4:00 p.m., Monday through Friday.

New Castle County – Leonard L. Williams Justice Center (formerly New Castle County Courthouse)
500 North King Street, Wilmington, DE 19801
Phone: 302-255-0300

Kent County – Family Court Building
400 Court Street, Dover, DE 19901
Phone: 302-672-1000

Sussex County – Family Court Building
22 The Circle, Georgetown, DE 19947
Phone: 302-855-7400

If my Loved One has been detained, where can I go pick them up after the bond is posted?2021-05-24T17:30:58-04:00

If my Loved One has been detained, where can I go pick them up after the bond is posted?

If your Loved One has not yet been transported to a prison (i.e., they are still at the police station or the court), you will likely be able to pick them up. If they have already been transported to a prison before bail is posted, they will be released from custody. Once a facility has received an order from the court to release the defendant, they will be released, and may be picked up from the prison. This process may take up to 72 hours but usually takes place within 24-48 hrs.

If I post bond for my Loved One, what happens if they do not show up for any hearings or court- ordered appearances?2021-05-24T17:30:36-04:00

If I post bond for my Loved One, what happens if they do not show up for any hearings or court- ordered appearances?

You may lose your property or money.

How do I choose a bail bondsman?2021-05-24T17:30:14-04:00

How do I choose a bail bondsman?

This is something you will have to research. Bail bondsmen are licensed by the State, so make sure you are dealing with a licensed Bail bondsman. TRY TO AVOID NON-LICENSED BOND SERVICES AT ALL COSTS. A list of approved bail bondsmen can be found at: courts.delaware.gov/forms/download.aspx?id=27728

If your Loved One is still at the police station awaiting transport to a prison after being seen by a magistrate, they may be able to request a list of bail bondsmen from the police to attempt to have bond posted before they are transported. Whether the police will wait for your Loved One to phone bail bondsmen and have the bond posted before transporting them to a prison is solely at the discretion of the police.

How much do bail bondsmen charge to use their service?2021-05-24T17:29:09-04:00

How much do bail bondsmen charge to use their service?

This varies but is usually about 10% of the amount of the bail to be posted if the bond is secured. If the bond is cash, the bail bondsman will require at least 20%. Sometimes bail bondsman will offer payment plans.

What can my Loved One do to have the bond amount reduced, the bond type changed, or the conditions of their release changed?2021-05-24T17:28:07-04:00

What can my Loved One do to have the bond amount reduced, the bond type changed, or the conditions of their release changed?

If someone has posted bond for your Loved One and your Loved One wishes to change either the conditions or the amount, they must file a Motion to Modify Bond (if they are represented by an attorney, the attorney will do this). A hearing will be scheduled and your Loved One will be notified in writing when to attend.

When are bail bonds refundable?2021-05-24T17:27:37-04:00

When are bail bonds refundable?

They can be released by the court or, in the case of a bail bondsman, when the court releases the person from bail which is usually after trial.

How do I get my money back?2021-05-24T17:27:15-04:00

How do I get my money back?

The money you give to a bail bondsman will not be returned. Any property or money you give to the court will be returned, but you will have to ask for it.

How long will it be until the bail I have posted for my Loved One is returned?2021-05-24T17:26:44-04:00

How long will it be until the bail I have posted for my Loved One is returned?

Usually this takes no more than a couple days.

OTHER CONDITIONS OF RELEASE

How do “No Contact” Orders work?2021-06-08T16:12:16-04:00

How do “No Contact” Orders work?

A No Contact Order requires that the defendant have no contact with one or more of the following, depending on the allegations in their case: the alleged victim(s); a particular address or business; or a geographic area. When there is a no-contact order with a person, the defendant is not to contact the alleged victim in person, by any form of communication (mail, email, text, phone call, social media, etc.), or by arranging for other people to contact the victim on the defendant’s behalf.

What happens if I violate a No Contact or a No Unlawful Contact Order?2021-06-08T16:11:49-04:00

What happens if I violate a No Contact or a No Unlawful Contact Order?

Any violation of a valid No Contact Order is grounds for the defendant to be charged with a breach of conditions. They may be charged for each incident of contact and may have secured or cash bail set when they are before the court on the charge(s), even if no additional crime has been committed. Violations of No Contact Orders, especially those that involve individuals, are treated very seriously by the police and the courts. The penalties associated with a violation of a No Contact or No Unlawful Contact Order depend upon whether the underlying charge is a felony or misdemeanor.

How does a No Unlawful Contact or No Adverse Contact Order work?2021-06-08T16:11:24-04:00

How does a No Unlawful Contact or No Adverse Contact Order work?

A No Unlawful Contact Order (or No Adverse Contact Order) is a sort of conditional No Contact Order. It means that the defendant may have contact with the alleged victim(s), address, business, or area so long as they are acting in a lawful manner.

Is a No Contact Order the same as a Protection from Abuse Order?2021-06-08T16:09:02-04:00

Is a No Contact Order the same as a Protection from Abuse Order?

No. A No Contact Order is a criminal matter and may apply to any individual or place and may be issued by any court for any number of reasons. A Protection from Abuse (PFA) Order, on the other hand, is issued only by Family Court and may be requested in an abuse situation (including any threatening or harmful conduct including serious emotional harm) against any person with whom the petitioner has one of the following types of relationship:

  • Spouse or former spouse;
  • Persons living together and holding themselves out as a couple (with or without a child in common);
  • Persons living separate and apart but who have a child in common;
  • Persons in a current or former dating relationship;
  • Any of these family relationships:
    • Parent or child (including step- and in-law)
    • Brother or sister (including in-law)
    • Son or daughter (including in-law and where parental rights have been terminated);
    • Grandparent or grandchild; or
    • Any other family member the victim is related to by blood, adoption or marriage but only if you reside “in one home under one head”.

A PFA is a civil matter until the order is violated, in which case the violator can be charged with the criminal offense of Criminal Contempt of a PFA, another serious offense. A person could potentially have a No Contact Order and a PFA against them simultaneously. The conditions are often very similar. So, any contact could involve separate charges for violation of the PFA and violation of the No Contact Order

If a No Contact Order has been issued against my Loved One with me as a victim, can I still post their bail?2021-06-08T16:08:40-04:00

If a No Contact Order has been issued against my Loved One with me as a victim, can I still post their bail?

This will depend on the situation and the discretion of the court accepting the bail. Even if you are permitted by the Court to post their bail on your own behalf (rather than through a bail bondsman), this does not change the fact that the Court has issued a No Contact Order against them which prohibits any contact with you.

Can I visit them while they are still in the police station or in the courthouse?2021-06-08T16:08:18-04:00

Can I visit them while they are still in the police station or in the courthouse?

Generally not, with the major exception being in the case of juveniles when the only available parent or guardian to attend the presentment is also the victim.

What happens if I contact my Loved One who has a No Contact Order with me? Will they get in trouble if I am the one who reaches out?2021-06-08T16:07:56-04:00

What happens if I contact my Loved One who has a No Contact Order with me? Will they get in trouble if I am the one who reaches out?

Yes, most likely. You are helping your Loved One violate the conditions of their bond. Regardless of who initiates contact, your Loved One can be arrested and charged when it is discovered that they had contact with you. It is very possible that if they had been released on their own recognizance or had bond posted for them that a new, higher bond will be set due to their non-compliance. A claim that you initiated contact will have little effect on the situation if they respond or engage with you. Generally, the magistrate will explain to the defendant at the arraignment or presentment that they are not to respond to any contact initiated by the person with whom they are to have no contact, just the same as they are not to initiate contact or use a third-party (other than their attorney) to facilitate contact with the alleged victim.

If my Loved One is prohibited from having contact with their house or someone who lives there, how can they obtain their most necessary personal items?2021-06-08T16:07:35-04:00

If my Loved One is prohibited from having contact with their house or someone who lives there, how can they obtain their most necessary personal items?

When a No Contact Order involves the defendant’s residence or someone else who lives there, the magistrate will nearly always allow the defendant to return on one occasion only, accompanied by police. This visit is intended to be brief and should involve only the retrieval of things of immediate need, such as a few pieces of clothing, medication, necessary papers and personal grooming items. The police will arrange for this escorted visit at their convenience. After this visit, your Loved One will not be allowed to return until the No Contact Order is lifted by a court.

My Loved One is responsible for paying the household bills. How can I get by if they are ordered by the court not to have any contact with me?2021-06-08T16:05:58-04:00

My Loved One is responsible for paying the household bills. How can I get by if they are ordered by the court not to have any contact with me?

You should speak to their attorney or Victim Services regarding the possibility of asking the court for an order amending the bail conditions to allow for contact limited to the purposes which are considered absolutely necessary. If you contact Victim Services, please be sure to contact the Victim Services office for the police department which arrested your Loved One.

New Castle County

New Castle County Police (NCCPD) Victim Services: 302-395-8135
Wilmington Police (WPD) Victim Services: 302-576-3622
Newark Police Victim Services: 302-366-7100 ext. 3137
Delaware State Police (DSP): 1-800-VICTIM-1

Kent County

Dover Police Victim Services: 302-736-7134
Delaware State Police (DSP): 1-800-VICTIM-1

Sussex County

Georgetown Police Victim Services: 302-856-6613
Millsboro Police Victim Services: 302-934-8174
Delaware State Police (DSP): 1-800-VICTIM-1

If our childcare needs depend on my ability to have contact with my partner, is there a way the court can allow for limited contact for this purpose?2021-06-08T16:00:03-04:00

If our childcare needs depend on my ability to have contact with my partner, is there a way the court can allow for limited contact for this purpose?

You should speak to their attorney or Victims’ Services regarding the possibility of asking the court for an order amending the bail conditions to allow for contact limited to the purposes which are considered absolutely necessary.

How can I ask the court to lift or modify a No Contact Order against a Loved One if I am the alleged victim?2021-06-08T15:59:41-04:00

How can I ask the court to lift or modify a No Contact Order against a Loved One if I am the alleged victim?

You should speak to their attorney or Victim Services (contact info above) regarding the possibility of asking the court for an order amending the bail conditions. If you contact Victim Services, please be sure to contact the Victim Services office for the police department which arrested your Loved One. Understand that No Contact Orders against family or domestic partners are rarely rescinded while a case is ongoing when the request is solely based upon the victim’s request.

If our children are not considered victims of charges against my partner, can he or she still have contact with them?2021-06-08T15:59:15-04:00

If our children are not considered victims of charges against my partner, can he or she still have contact with them?

This will be determined by the Court. There may be circumstances under which your partner may be able to have contact with your children. If you are the alleged victim and the children live with you, your partner will be prohibited from having any contact with your residence. Other accommodations may be made by the Court through a conditional No Contact Order, based on the circumstances of the case.

Besides No Contact Orders, what other bond conditions may be imposed?2021-06-08T15:58:48-04:00

Besides No Contact Orders, what other bond conditions may be imposed?

Any number of conditions may be imposed upon a pre-trial defendant, as appropriate, however the following are the most common:

  • Your Loved One may be required to report to pretrial services for supervision.
  • If the alleged offenses involve firearms or other deadly weapons, they will likely be required to relinquish any firearms or deadly weapons they possess to the appropriate police agency. They will also be ordered not to acquire or be in possession of any firearms or deadly weapons at any time while this condition is in place.
  • Mental health evaluation and treatment.
  • Substance abuse evaluation and treatment.
  • Your Loved One may be ordered not to operate any motor vehicle. This is a mandatory condition if they are charged with a felony DUI offense but may be ordered in other situations.
How does someone go about relinquishing their firearms when required?2021-06-08T15:57:29-04:00

How does someone go about relinquishing their firearms when required?

On your Loved One’s paperwork next to this bond condition will be listed the responsible police agency and their phone number. Your Loved One must call this number to get specific instructions from the police.

If my Loved One is ordered to relinquish his/her firearms and he/she lives in my home, may I still keep my own firearms? If so, do I need to do something special?2021-06-08T15:57:03-04:00

If my Loved One is ordered to relinquish his/her firearms and he/she lives in my home, may I still keep my own firearms? If so, do I need to do something special?

These questions should be directed to the responsible police agency.

If my Loved One is ordered to have a mental health evaluation performed as a condition of pretrial release, are they required to pay for it?2021-06-08T15:56:19-04:00

If my Loved One is ordered to have a mental health evaluation performed as a condition of pretrial release, are they required to pay for it?

No.

If my Loved One is ordered to have a substance abuse evaluation performed as a condition of pretrial release, are they required to pay for it?2021-06-08T16:18:03-04:00

If my Loved One is ordered to have a substance abuse evaluation performed as a condition of pretrial release, are they required to pay for it?

Generally, yes.

If the Court informs my Loved One that they will be subjected to electronic monitoring, what does that mean? Do they have to take proactive steps, or will they be contacted?2021-06-08T15:55:31-04:00

If the Court informs my Loved One that they will be subjected to electronic monitoring, what does that mean? Do they have to take proactive steps, or will they be contacted?

There are two types of electronic monitoring: GPS monitoring and home confinement. GPS monitoring is used to determine a defendant’s movements within the community. Home confinement is used to determine when a defendant is within his/her approved residence. Defendants are confined to their residence no less than eight (8) hours per day and no more than twenty-two (22) hours per day. If your Loved One is on either type of electronic monitoring, they cannot leave Delaware for work, medical, or legal reasons without prior authorization.

What is pretrial supervision? How does it work?2021-06-08T15:55:04-04:00

What is pretrial supervision? How does it work?

A judge will order pre-trial supervision when they want a defendant to be monitored for any number of reasons. Normally, pretrial services are ordered for more serious cases or those that involve a defendant who has had significant justice involvement. Pretrial Services will assign your Loved One to one of three levels of supervision based on the results of the standardized pretrial assessment tool and/or any specific findings by the court at arraignment/presentment. These levels are (from least to most restrictive): administrative; standard; and enhanced.

If your Loved One does not report to pretrial services as directed, a pretrial officer will reach out to them to initiate supervision. If they fail to engage, Probation and Parole will file a Breach of Release Report. Aside from the conditions the court sets, there are some standard pretrial supervision conditions, such as:

  • The defendant may not commit a new criminal offense when released on bail or recognizance.
  • The defendant must report any new arrest, conviction, or police contact within 72 hours.
  • The defendant must have authorization from their pretrial officer to leave the state.
  • Any change of residence or employment must be reported within 72 hours.
Is having a pretrial officer similar to having a probation officer?2021-06-08T15:54:34-04:00

Is having a pretrial officer similar to having a probation officer?

It is similar in the sense that there will be monitoring or checking-in of one type or another and that certain rules must be followed to avoid a violation. If your Loved One is already on probation and put on pretrial supervision for a new case, their existing probation officer will handle supervision on the new case, as well.

What happens if my Loved One does not comply with their pretrial conditions?2021-06-08T15:53:41-04:00

What happens if my Loved One does not comply with their pretrial conditions?

Any violation may result in a new felony or misdemeanor charge, the filing of a Breach of Release, and/or arrest by the supervising pretrial officer. Your Loved One would then be subject to arrest without a warrant at any time by an officer with Probation and Parole.

How often will my Loved One have to report to my pretrial officer?2021-06-08T15:53:22-04:00

How often will my Loved One have to report to my pretrial officer?

At initial contact, the pretrial officer will provide this information as well as other important information to your Loved One. It is vital that they follow all directions and conditions as ordered.

Will my Loved One have to stay at my house while they are out on bail?2021-06-08T15:53:00-04:00

Will my Loved One have to stay at my house while they are out on bail?

That is up to the judge who may impose that as a condition of release or by the Department of Corrections’ Pretrial Services Unit.

GETTING LEGAL HELP

How do I find out if my Loved One is eligible for a state-funded public defender?2021-07-06T13:10:18-04:00

How do I find out if my Loved One is eligible for a state-funded public defender?

For an adult to qualify for legal services, they must be charged with a crime where they could face prison time and they must be found to be without income. An interview with the intake investigator will be required to determine eligibility. If they are found to be eligible, an attorney will be appointed to represent them. All minors are automatically eligible for representation and will be provided with an attorney after completing an intake interview. Contact the Office of Defense Services at one of the numbers below to set up an interview.

New Castle County                   Kent County                              Sussex County
302-255-0130                           302-739-4476                           302-856-5310

Visit https://ods.delaware.gov/how-get-attorney/ for more information.

Incarceration

Family and friends can be actively involved throughout their Loved One’s period of incarceration. This is helpful in encouraging them through what is a very difficult time and empowering to you as a family member or friend knowing that you are contributing in a positive way. You also need to be aware of your Loved One’s own particular issues so that you can support them practically and realistically. Try to be aware of what is going on both within the facility and in your Loved One’s situation. Don’t be afraid to make a phone call or email legislators, DOC personnel or prison contractors with your concerns or to advocate for your Loved One’s needs once you’ve checked and verified the specifics as thoroughly as you can. For resources related to Incarceration click here.

INITIAL INTAKE

What happens when my Loved One first gets to prison?2021-06-30T09:27:17-04:00

What happens when my Loved One first gets to prison?

They will be stripped, showered, and sprayed with bug spray. Their clothes will be taken and they will be issued prison clothes to wear. They will be taken to medical to be cleared and given any medication needed. They are also supposed to see a Counselor, for classification (to decide what their issues may be and where they will be housed. Then they will be taken to where they will reside. They may be given a list of housing rules and some basic information. If your Loved One is in pre-trial, they may not have access to programs and some privileges depending on what institution they are in. It is best if your Loved One doesn’t accept any favors from inmates or guards, like a loan of money or gifts, no matter how innocent or helpful they may seem.

 

COMMUNICATING BEYOND THE WIRE

How and when do I contact my Loved One? 2021-06-30T09:46:09-04:00

How and when do I contact my Loved One? 

You will not be able to initiate any contact. The first contact will come from your Loved One by way of a phone call or a letter. You will have to wait for them to contact you. You can check online at www.vinelink.com (originally intended for victims) as it may have information about where your Loved One has been placed; you will need their legal name and date of birth. This service can sometimes provide you with your Loved One’s SBI#. If you speak with them on the phone, make sure to get their SBI# for future reference.

In addition to letters, what can I send to my Loved One in prison and how do I do that?2021-06-30T09:45:46-04:00

In addition to letters, what can I send to my Loved One in prison and how do I do that?

You may not send anything other than letters to your Loved One, at least for the initial period of their incarceration. Letters and cards are a great comfort and their value should not be under-estimated. You may send them books or magazines, but they must come from the Publishing House or book seller. There is a limit to how many books/magazines they are allowed to keep, so your Loved One might have to donate the extras to the Prison Library. Contact the facility where your Loved One is being housed for the specific rules. Use this link for information for each of the facilities in Delaware. https://doc.delaware.gov/views/mail_to_inmate.blade/shtml

How can I help my Loved One make phone or video calls?2021-06-30T09:45:22-04:00

How can I help my Loved One make phone or video calls?

Delaware prisons use GTL to set up phone and commissary accounts and enable phone and video calls. You can set up an account at https://www.gtl.net/friends-and-family-information/account-setup-information/ or at a Kiosk at the facility where you Loved One is housed. You will need their name, SBI# and facility location. Then deposit money into the account via online, phone, or USPS mail via credit card or at the facility Kiosk where cash is accepted. Variable fees are charged for this service. Calls are typically limited to 15 minutes and are dependent on your Loved One’s access to Recreational Time and where they are housed in the facility. The number of phone numbers your Loved One is allowed to have and make differs from one facility to another and changes can only be made a certain number of times a year.  Use this link to see instructions on setting up accounts for phone calls and video chats: https://doc.delaware.gov/views/send_money.blade.shtml

How do I help my Loved One get money for the Commissary?2021-06-30T09:45:01-04:00

How do I help my Loved One get money for the Commissary?

If your Loved One has cash on them when they are arrested, this cash may be deposited into their commissary account or it might be picked up with their personal items. Otherwise, set up and account through GTL following the directions above. Commissary accounts are kept separate from the phone accounts and money cannot be transferred from one to the other. You may want to obtain a Commissary price list from your Loved One’s facility to better understand the cost of necessities and available items. Use this link to see instructions of setting up accounts and sending funds to your Loved One: https://doc.delaware.gov/views/send_money.blade.shtml

IMPORTANT THINGS TO KNOW

What should I know about Correctional Officers?2021-06-30T16:05:50-04:00

What should I know about Correctional Officers?

Correctional Officers are there to keep an eye out for trouble and protect DOC property and staff and make your Loved One follow the rules.  Many are basically good people, some are not; but they aren’t there to be your Loved One’s friend, they are there to do a job. They have rules that they are required to follow, and it is in your Loved One’s best interest to learn what those rules are.

What are the prison housing rules and policies about grievances?2021-06-30T16:05:13-04:00

What are the prison housing rules and policies about grievances?

Your Loved One should be given a copy of the rules of the prison such as Housing Rules. The rules differ from facility to facility and from building to building. They should follow these rules even though they will see that many others do not. Sometimes, they will also see others or they themselves will be written up for violating the rules and sent to the Secured Housing Unit (SHU) or disciplinary housing unit. For the Grievance Rules they will need to familiarize themselves with these. They will soon learn that this is a difficult process and rarely will they win. They must fill out the form completely correctly; any detail will cause it to be void. They must always write the Who, What, When, Where, Why and How with as much detail as possible, with the rule description or policy number and if possible, the names of witnesses.

VISITATION AND HEALTH CARE

When and how can I visit?2022-04-20T17:51:51-04:00

When and how can I visit?

Each facility is different in their rules, you can usually go on-line and check, or ask your Loved One. They will have to put your name on an approved list of visitors. Please note you may not be eligible to visit based on the results of a criminal background check. Each institution makes their own decisions based on a variety of factors. If the visitor is a co-defendant of the person they want to visit or if the visitor has an active warrant for their arrest, it is unlikely they would be approved. Generally, you must call a week or two ahead of time, give them your Loved One’s SBI Number, their name, and the date and time you want to visit. Then you must give your name, birth date, some facilities will want your driver’s license number, for each adult and/or the names/number of the children visiting. Some prisons have specific dress code requirements that can change from visit to visit and depend on the personnel at the entrance. It’s best for you to dress conservatively. You can only take in 1 key and your ID though some facilities will let you bring in money to buy drinks and snacks from the vending machine for yourself and your Loved One. Remember you cannot give your Loved One anything during the visit, other than your encouragement and love. The visits will last approximately 45 minutes. Use this link for access the visitation policies for each of the Level 5 facilities: https://doc.delaware.gov/views/visit_inmate.blade.shtml

To get visitation information for the Level 4 facilities, please call them directly:

  • Plummer Center (New Castle County) 302-761-2800
  • Hazel D. Plant Women’s Treatment Facility (New Castle County) 302-777-6800
  • Community Corrections Treatment Center (Kent County) 302-659-6100
  • Sussex Community Corrections Center (Sussex County) 302-856-5790
How will my Loved One get the medical and mental health care they need?2021-06-30T16:06:35-04:00

How will my Loved One get the medical and mental health care they need?

Your Loved One should have a medical intake when they first enter prison. It is essential that they inform the intake practitioner of any medications or health conditions they have. Your Loved One should receive continued prescribed medications for chronic conditions, although not necessarily the same brand they were using before incarceration. Most of the time they will not get “Over the Counter” medications, like sensitive skin lotion, dandruff shampoo, allergy relief, anti-itch cream, as they sell these in the Commissary.

If your Loved One becomes ill, they will have to fill out a sick call slip. Hopefully, they will be seen the next day or two if it is not an emergency. Generally, they are seen by a Nurse or Physician’s Assistant. They may have to put in several sick calls before anything is really done. Encourage them to persevere. If they experience a medical emergency, or if a health condition worsens prior to them being seen by the medical staff, they should notify the correctional officer on their unit.

If they are taken to the hospital, you will NOT be notified. Once they are back at the facility and are at the facility’s infirmary, they may not be able to call you. Or if they are sent back to their cell, it may be a while before you know anything has happened. Sometimes, depending on which prison they are in, if they are admitted to the prison infirmary or hospital their personal items may be packed up and it may be a while before they get them back (pen, paper, envelopes and stamps, plus everything else.) As hard as it may be, do not freak out. If your Loved One has a chronic condition, ask them to give your address or phone number to a trusted friend who is an inmate inside the prison who can call you in case an emergency occurs.

If your Loved One has Mental Health issues, and has been on a prescription medication, again, they may be given medication, but it might not be the name brand. For many inmates who have serious mental health issues, they are housed in a separate unit or building. Usually, they are given some kind of group counseling and if needed individual counseling although the session may happen long past the reason that they needed it. Your Loved One can request individual counseling and should continue to do so if they do not receive it. They should also submit sick call slips to ask for their medication if they are not receiving it. Mental Health Counselors are only on site during day shift and not nights, weekends or holidays. If your Loved One is having a mental health crisis that cannot wait for the mental health staff to respond to their request for services, they should contact the correctional officer on duty.

Make sure your Loved One signs a Release of Information form allowing you to get updated about their medical or mental health condition and treatment and an Emergency Contact form, with you keeping a copy of both. Then your Loved One should make sure to file the forms with the Medical Unit so that the prison staff will share information with you. Power of Attorney documents for medical or financial concerns can also be filed with the facility and DOC.

SUPPORTING YOUR LOVED ONE

How can I best help my Loved One during their incarceration?2021-06-30T16:09:18-04:00

How can I best help my Loved One during their incarceration?

Remind them that your love and care for them continues and then follow through with cards/letters, calls and visits!! Tell them to stay to themselves as much as possible. Encourage them to watch what is going on around them. Tell them to pick their friends carefully as they will be known by who they hang with. Tell them to learn to do without and never borrow or lend. If they give away something, they should do so for free with no expectations of return or payment. Encourage them to chill out as best they can. Tell them to line themselves up for programs, education and a job, by their behavior in front of the C/O’s. Tell them to keep their mind occupied with positive things: learn to draw, write stories, read the Bible, etc. Go to the law library to read law books about their type of case. Learn the Housing Rules, all other rules and Grievance Procedures inside out. Chill out but be willing to stand up for themselves; they may lose the fight but still get the respect because they stood up. Tell them to keep their back to the wall, be alert, and know situational awareness (knowing what’s going on around them at all times.)

Do Delaware prisons have programs, educational opportunities or VoTech skills training?2021-06-30T16:08:53-04:00

Do Delaware prisons have programs, educational opportunities or VoTech skills training?

These programs may be available for those who are in certain housing units. Facilities differ in whether they offer programs for people in pre-trial detention. Getting “write-ups” for rule violations will limit a person’s eligibility for programs, work and educational opportunities. Once your Loved One is sentenced and incarcerated, they will be able to take advantage of educational and treatment programs depending on their points, level and housing unit. There are requirements to get into all these programs. Encourage them to try to line themselves up for these. But advise them to be patient as it may take a while to get into a program or job.

Are there jobs in prison my Loved One can get?2021-06-30T16:08:26-04:00

Are there jobs in prison my Loved One can get?

Jobs are hard to get and sometimes harder to keep. Tell them to let the officer on the tier and building sergeant know that they are interested in working, this may help them to stay busy and keep their mind off their troubles. In order to get the job, they have to show that they do follow the rules and stay out of the way (or out of trouble).

PREPARING FOR RELEASE

What is involved in preparing for their release?2021-06-30T16:11:15-04:00

What is involved in preparing for their release?

Before they are released, they should begin planning for that event. They should reach out to people who may be able to help them get out and stay out. They need to Understand the Behavior and Stop the Behavior that may have led to their arrest. They need to understand what their needs will be, write them down and then write a plan of how they are going to get their needs met; for example, getting a job – go to Dept. of Labor, sign up, check the job board, fill out job applications, learn how to do an interview. You and your Loved One’s family and friends can be supportive in this process BEFORE their release to help them think through what they will need and how friends and family might help. Encourage them to associate with positive people, listen to good advice and act on it, and get involved in church, community or other positive activities. Mainly it will be more about their mindset than anything else. Your Loved One has to understand that there will be many barriers and many upsets and that everything will take longer than it should, that they will have to wait their turn, be patient and not give up or give in to bad behavior because it isn’t working out the way they want it or need it to.

In addition, you need to think carefully about what your expectations are of your Loved One and know that they may be significantly changed by their time in prison. If they have been away for a long time, there is much in the world that will have changed for them which may be strange or uncomfortable for them. Simple things you take for granted, like texting or googling answers online, may be difficult. Commonplace activities like going to the grocery store may be overwhelming – the choices, the people, the lights or sounds, the traffic on the way. Remember  that communicating your thoughts, expectations and feelings is essential at this point and asking your Loved One to communicate the same with you, as best as they are able. They have lived through the traumatic, stress inducing experience of incarceration and need your patience, support and understanding as well as your clear line of what is acceptable and what is not.

What is Work Release?2021-06-30T16:10:52-04:00

What is Work Release?

The Department of Correction can classify a person to serve the last 180 days of their sentence at a Level 4 facility based on their criminal history, behavior while incarcerated and risk score. A Judge may also sentence your Loved One to Level 4 Work Release, a Treatment Center or Home Confinement. Your Loved One can petition the Judge to change the sentencing from one to the other, depending on their situation.

The Level 4 Centers for Work Release are:

  • Plummer Community Corrections Center at 38 Todd Lane, Wilmington; 302-761-2800
  • Sussex Community Corrections Center at 23207 DuPont Blvd., Georgetown; 302-856-5790
  • Hazel D. Plant Women’s Treatment Facility at 620 Baylor Blvd, New Castle; 302-777-6800
  • Community Corrections Treatment Center at 875 Smyrna Landing Rd, Smyrna; 302-659-6100

These sentences are usually for 6 months to a year, though sometimes longer. Generally, on arrival at a Level 4 Center, your Loved One may have to do a substance abuse program to be completed before the possibility of looking for employment. They may have to be quarantined for a time to acclimate to the new environment and new rules. During this time, they will meet with a Counselor who will begin their Case Management. The Counselor will try to get them an ID, Birth Certificate and Social Security Card so they can begin looking for employment. Many times, looking for work will involve completing job applications on-line. Sometimes, the Counselor will have employers signed up to accept a new employee.

At the present time, if your Loved One has been convicted of a sexual offense, they will NOT be allowed to seek outside employment. However, they may be allowed to work in the kitchen or other jobs at the Community Corrections Centers. They may be better off asking the Judge for Home Confinement or just keep their head down and let the time pass while figuring out what their next steps will be.

There will be a small window of time that you will be able to bring your Loved One some regular clothing and toiletries, this differs with each facility. Have your Loved One send you the list of items and time periods for drop off. They may be able to have a certain amount of Cash “on hand” for snacks and drinks in the vending machines; but again, check with the facility using this link: https://doc.delaware.gov/views/comm_corrections.blade.shtml.

Closer to the end of their sentence, they may be able to receive passes to come home for the day and later, even a weekend if they have an approved “host” with whom they can stay. During Covid, this privilege has been cancelled for obvious reasons. If they do get outside employment, they will only be allowed out for the time it takes to get to and from work. DO NOT try to see them during this time as they will receive a violation and be sent back to prison. At Work Release, your Loved One is still allowed to call you and send letters. Some facilities will allow visits, but most prefer that you “host” them for a weekend.

Release and Re-Entry

The occasion of your Loved One’s release from prison can be a mixed bag of responses. You may be happy and uneasy at the same time, angry or hopeful, or any combination of emotions and thoughts. In this section, we try to address some of the most common challenges and essential information you and your Loved One will may face and need to maximize a successful return and minimize the possibility of any further justice involvement. Remember we all have hurts and hopes that are often times difficult to express; you may want to watch our video on “Tips for Re-entry” that specifically addresses the family and friend’s perspectives found on the Mission page of this website. For resources related to Re-Entry click here.

PROBATION

How does probation work? What do I need to know to help my Loved One meet the requirements? 2021-06-30T16:31:37-04:00

How does probation work? What do I need to know to help my Loved One meet the requirements? 

Your Loved One will be required to go to the Probation Office within 72 hours after release. THIS IS VERY IMPORTANT! The Probation Officer will explain what is required for each person individually. Usually for the first year,if they are on Level 3 probation, they will be required to see the Probation Officer once a week. Getting to and from the Probation Office is your Loved One’s responsibility and this is where friends and family can be a big help. Depending on your Loved One’s risk score and sentence, they may be eligible to move down to a lower level of probation after a period of time if they have complied with all the rules of their probation. This means seeing their Probation Offiver less frequently and often having increased freedoms, like no curfew. If they do not follow the rules of their probation, then they can and will receive a violation (be violated) and sent to a Level 4 Center or prison. A “Technical Violation” can occur for such things as being late for curfew, a positive drug test or a missed appointment. Even if it is only for a couple of days or weeks, they can lose everything they and you have worked hard to create; jobs, child custody or a place to stay.  Probation can last as short as 3 months or as long as their lifetime, depending on the sentencing order from the Judge. There is also a one-time $200 Probation fee payable over the time of their probation.This fee can be waived if your Loved One qualifies for Medicaid. If they are returned to a Level 4 or 5 facility for violating their probation, then when they get out again, they will owe another $200 fee for the new Probation period.

What are court ordered programs and are they really required?2021-06-30T16:31:10-04:00

What are court ordered programs and are they really required?

YES, they really are required. Treatment programs like Sex Offender group, TASC (weekly urine checks), Aftercare Sessions (group sessions for a variety of issues), Anger Management Classes, Mental Health Counseling, etc. can be required by Court Order. Probation can and will violate your Loved One if they do not go or if they miss too many appointments/groups. They may be required to pay a fee for these services,  approximately $10 – $20 a session, often out of pocket. Again, this is where you and supportive family and friends can be a big help. You can also check with their medical insurance to see if any of the programs are covered under their policy, but you may want to be careful about having anything listed permanently on their medical records. Some mental health and substance abuse treatment providers may provide an evaluation for your Loved One and bill them afterwards. Certain services such as DUI classes are always “pay as you go” and are not covered by insurance. Likewise, Anger Management classes are not covered by insurance.

If your Loved One has been convicted of a Sexual Offense, they will have to go to a sex offender treatment program for group counseling. They most likely will have to pay to take a Lie Detector Test with little or no notice, within the first year or two. This usually costs about $160. If they refuse, they are violated because they will be considered as refusing treatment. Likewise, a GPS ankle bracelet can be required with significant costs.

ANYTHING the Probation Office requires of your Loved One is wrapped up in the “Treatment” and “Refusing Treatment” clauses. These are required conditions of their probation so your Loved One has to do what they are told. Most of the time if they cannot pay the various fees and costs, the Probation Officer will let them get away without paying but they can and might hold it over them and even threaten them with returning to prison at will.

What is Home Confinement?2021-06-30T16:30:41-04:00

What is Home Confinement?

Home confinement is what many people refer to as “house arrest.” It involves wearing an ankle monitor that alerts probation if the person leaves their home without permission. For home confinement to be approved, the home and the people living there will first have to be approved. Then, a Verizon landline phone system is installed (at your cost) with Long distance and NOTHING else. Verizon 1-800-837-4966. The initial cost is approximately $150 for set-up and then approximately $90 a month. On release, your Loved One will be fitted with an ankle bracelet at Probation and you will have to sign papers and pick them up. A monitor will be placed at the house shortly afterwards. Your Loved One is allowed out only 2 hours a day unless they have made other arrangements with their Probation Officer for appointments or a job. Probation Officers are strict on this rule, they do not give your Loved One much time out to take care of their business, to prevent them from doing anything other than what they are supposed to be doing.

What do I need to know if my Loved One is convicted of a Sex Offense?2021-06-30T16:29:52-04:00

What do I need to know if my Loved One is convicted of a Sex Offense?

Your Loved One IS REQUIRED to register with the State Bureau of Identification within 72 hours of release (contact info below.) Then, they will have to register every three months until they are dropped a tier OR any time there is a change in their residence, job, phone or vehicle. At that time, they will have only 72 hours to register the change. If they fail to do this, they will be violated and go back to prison. At some time, they may only have to register twice a year or once a year – this all depends on the Probation Office.

After 10 years with no criminal activity, they can petition the Court to drop a level. Some people are required to stay on the Registry for life. The State Registration office is not responsible for fliers being handed out to your neighbors, that is under the jurisdiction of the Local Police. There are certain restrictions as well on where persons convicted of sex offenses can live so MAKE SURE you and your Loved One understand all the requirements. Persons with sex offense convictions are rarely allowed to go out of State for any reason, whether for a job, death in family, etc. Make sure your Loved One has written approval from their Probation Officer before doing so. Their Probation Officer may also say that they cannot have an Internet access phone (Smart phone), or they may not be allowed to have access to a computer. This makes it difficult to get a job, but they may be able to get on a secured Computer at the Dept. of Labor or Library, but remember they need to get permission first.

State Bureau of Identification locations and phone numbers:
New Castle County:       Delaware State Police Troop 2, Route 40, Bear; 302-739-2528
Kent County:                   655 S. Bay Road, Dover; 302-739-5871
Sussex County:               546 S. Bedford Street Room 200, Georgetown; 302-739-2528

What do I do if my Loved One refuses to follow their probation or registration requirements or home confinement rules? I don’t want to send them back to prison.2021-06-30T16:29:10-04:00

What do I do if my Loved One refuses to follow their probation or registration requirements or home confinement rules? I don’t want to send them back to prison.

Your Loved One is an adult and if they choose not to follow the Probation and Parole (P&P), Registration or Home Confinement rules, there is not much you can do, except kick them out of your home. It will be their choice to go back to prison, not yours. So do not allow them to blackmail you; remind them again: it is their choice!

How is my Loved One supposed to make Probation appointments, pay fines, restitution, probation fees, court ordered program fees and still pay child support, rent, transportation expenses, food and save money with a job?2021-06-30T16:28:39-04:00

How is my Loved One supposed to make Probation appointments, pay fines, restitution, probation fees, court ordered program fees and still pay child support, rent, transportation expenses, food and save money with a job?

If they make some attempt to pay or to stay in contact with the agencies, it will look better for them, until they can get a job. Depending on what fines, fees, costs that they owe, they would have to see which ones can bring the most consequences if they are not paid and then pay a little on this one and a little on that one, while telling the others that as soon as they get one paid off, they will start making payments to them. It will be difficult and a long road to recover but if they could do without and eat noodles in prison, they can do it for a while longer, until they get out of debt. Instead of blowing the income tax check, they can make a large payment on one or split it up to cover many or pay off the smaller ones to get rid of them. P.S. Keep a log and all receipts.

DOCUMENTS AND IDs

How does my Loved One get updated identification documents? 2021-06-30T16:35:34-04:00

How does my Loved One get updated identification documents? 

First, you will need an address confirmed by some business entity. Your Loved One will need 2 pieces of business mail with their name and current address. It can be from any company as long as it is pre-printed or stamped with a business address on the envelope, for example:  a magazine, life insurance, roofing company, bank statement, social services, non-profit agency, etc. Getting this set up before your Loved One is released can be helpful if you know where they will be staying.

What can my Loved One do with the DOC Personal Credential Card (PCC)?2021-06-30T16:35:00-04:00

What can my Loved One do with the DOC Personal Credential Card (PCC)?

Typically, your Loved One will be issued a personal identification card from a level 5 or level 4 facility as they leave. This may or may not be accepted as proof of who they are. It is designed to take to the Department of Motor Vehicles (DMV) to get a State ID or replacement Driver’s License and Birth Certificate if born in Delaware. Check out this link for a detailed description of how the PCC can be used: https://doc.delaware.gov/dcrc/assets/docs/PCCardInstr.pdf

What is needed to get a State ID or updated Driver’s License?2021-06-30T16:34:39-04:00

What is needed to get a State ID or updated Driver’s License?

For a State ID – make sure to bring the DOC PCC, two proofs of address, a Birth certificate, proof of their social security number, a document with their signature and any other picture ID they may have, even if it is expired – old license, food stamp card, library card, etc., just to make the process easier. Cost is $20 for a new card; $5 for a replacement card.

For a Driver’s License – If your Loved One was in prison for a long time, they will have to get a new license and take the written test, get a Learner’s permit and make an appointment for the road tests. Cost is $40 for a new license; $20 for a replacement card. Again, make sure they bring proof of who they are and proof of address, as stated above.

Division of Motor Vehicle Locations:
New Castle County:       2230 Hessler Blvd., Wilmington; 302-434-3200
2101 Mid County Drive, Delaware City; 302-326-5000

Kent County:                    303 Transportation Circle, Dover; 302-744-2500
Sussex County:                3737 DuPont Blvd., Georgetown; 302-853-1000

How do we obtain a Delaware Birth Certificate?2021-06-30T16:33:54-04:00

How do we obtain a Delaware Birth Certificate?

Birth Certificates are obtained from the Delaware State Office of Vital Statistics. Your Loved One can complete the form and mail the request, complete the online application and pay with a credit card or make an appointment to go in person. Cost is $25 payable when the application is submitted. During the COVID-19 pandemic, walk-ins are not accepted at the office locations. Appointments can be made by calling the office nearest you.

Office of Vital Statistics:
https://www.dhss.delaware.gov/dhss/dph/ss/vitalstats.html
New Castle County:     258 Chapman Road, Newark; 302-283-7130
Kent County:                  417 Federal Street, Dover; 302-744-4549
Sussex County:             546 S. Bedford Street, Georgetown; 302-856-5495

https://www.dhss.delaware.gov/dhss/dph/ss/vitalstats.html

If your Loved One was born out of state, you will need to contact the Office of Vital Statistics to get the contact information for the state in which you were born. You may be able to go on-line, fill out the application and with a credit card, order it. BE CAREFUL not to order any birth certificates from any websites other than an official state government website. Your Loved One’s Probation Officer can request a copy of their birth certificate at no cost.

What is needed to obtain a Social Security Card?2021-06-30T16:32:29-04:00

What is needed to obtain a Social Security Card?

Your Loved One will have to apply to the Social Security Administration if they have never had a number assigned to them. Replacement cards can also be obtained through the Social Security Administration Office. See their website for more info: https://www.ssa.gov/ssnumber/. Social Security Benefits include Physical or Mental Disability benefits (SSDI) if qualified, Retirement benefits for those who have worked throughout their lives and Survivor benefits for underage children if one parent has died.

During the COVID-19 pandemic, walk-ins are not accepted at the office locations. Appointments can be made by calling the office nearest you.

Social Services Administration Offices:
New Castle County:     920 W. Basin Road, Suite 200, New Castle; 1-866-667-7221
Kent County:                655 S. Bay Road, Dover; 1-877-701-2141
Sussex County:            12001 Old Vine Blvd., Suite 101, Lewes; 1-866-864-1803

IMMEDIATE NEEDS

Helping your Loved One navigate re-entry into the community can be a HUGE factor in their successful return. Obtaining medical insurance and other state benefits like food stamps or financial assistance, in addition to getting connected by phone and with transportation services is critical. Ensuring your family’s stability during your Loved One’s incarceration is also essential. As hard as it may be to accept help from the government or others, keeping your family safe and healthy is essential to making your way through these times.Please call ahead of time to make an appointment and to learn what you need to bring with you to get their services. See the listing of offices by county on our resource page and check out the Dept. of Health and Social Services webpages below for more detailed information.

General Assistance2021-06-30T16:51:08-04:00

General Assistance – To qualify you must be between 18 and 54 years of age and unable to work due to illness, or over 55 with no other income, not working because you are caring for a sick family member, or be a high school student who is graduating in 2 years. Here’s a link to more information and to see the qualifications: https://dhss.delaware.gov/dhss/dss/genast.html

Temporary Assistance for Needy Families (TANF)2021-06-30T16:50:44-04:00

Temporary Assistance for Needy Families (TANF) – Cash assistance can be available to families who meet specific income requirements and are able and willing to participate in work related activities. A variety of monthly payments are available to eligible families based on need and size of your family. Details can be found at:
https://dhss.delaware.gov/dhss/dss/tanf.html

Food Stamps/Supplemental Nutrition Assistance Program (SNAP)2021-06-30T16:50:23-04:00

Food Stamps/Supplemental Nutrition Assistance Program (SNAP) – Approximately $194 for a single person; variable amounts for families. Once you begin working, the amount will decrease based on your income. You must complete quarterly update reports verifying your income in order to continue receiving this benefit. You can find more information and review eligibility at:  https://dhss.delaware.gov/dhss/dss/foodstamps.html

Help for Teen Mothers2021-06-30T16:50:04-04:00

Help for Teen Mothers – The Delaware Adolescent Program Inc. (DAPI)  is the only statewide comprehensive school based program serving pregnant and parenting teens and their families. They sponsor a variety of programs including: Academic Instruction, Social Services, Child Care, On site therapeutic counseling and Health Services. https://dapi.org/

Medicaid2021-06-30T16:49:35-04:00

Medicaid – This health insurance program is available to those who meet certain income and/or health requirements. Apply at the local DHSS office. Sometimes the prison facility reentry personnel will be able to set this up or reactivate coverage before your Loved One is released. If at all possible, you want to encourage your Loved One to see if they can get qualified or restarted prior to their release. Apply https://dhss.delaware.gov/dhss/dmma/

If your children are in need of insurance coverage and you cannot afford private insurance, you can check out the Delaware Healthy Children Program (CHIP) at https://dhss.delaware.gov/dhss/dmma/dhcp.html

Medicare/Social Security Disability2021-06-30T16:49:17-04:00

Medicare/Social Security Disability – If you or your Loved One are close to 65 years of age or older and meet certain income requirements, then you may be eligible for Medicare. To learn more and to apply, visit the official government website at https://www.medicare.gov/sign-up-change-plans/get-started-with-medicare/get-the-basics

Private Insurance/Affordable Care Act2021-06-30T16:48:47-04:00

Private Insurance/Affordable Care Act – The Affordable Care Act or (ObamaCare) was established to help provide insurance coverage for all Americans. Services are available to help determine which insurance plans you may be eligible for and which provide the coverage your family may need. Make sure to visit the official state website which doesn’t charge any fees for their service to access the state “marketplace” to find insurance: https://insurance.delaware.gov/divisions/consumerhp/aca/

Medical Care/Primary Care Doctor2021-06-30T16:48:05-04:00

Medical Care/Primary Care Doctor – To gain access to a doctor, you or your Loved One will need insurance to sign on with a Primary Care Physician. If you do not have insurance, you will need to visit a community health clinic. Primary Care Physicians can provide physicals, sick visit care and referrals to a Specialist for more involved treatment for their patients. Check out the DHSS website for a full listing of clinics throughout the state and the services they offer at each site:  https://www.dhss.delaware.gov/dhss/dph/chs/chsservicecenters.html

Medications2021-06-30T16:47:37-04:00

Medications – Your Loved One is usually given a 30-day supply of medicine when they leave a DOC facility that provides a 30 day window to obtain Medicaid/Medicare/Insurance and a Primary Care Doctor. Some programs,  pharmacies and drug companies offer discounts on some medications. You will have to look into this to see if you qualify.

Transportation2021-06-30T16:47:01-04:00

Transportation – Getting around Delaware can be challenging. Get a copy of the Bus Schedules that you will need in your area and keep them available. Learn how to read it and always plan to take the bus before the last bus, to give yourself extra time just in case. Public bus routes are also available online.

DART Bus Schedules: 1-800-652-3278 or online at https://dartfirststate.com/RiderInfo/Routes/

DART Paratransit: free transport for persons with disabilities for medical or mental health appointments. Register with DART or online at https://dartfirststate.com/RiderInfo/Paratransit/.  To make a reservation for a Shuttle call 1-800-553-3278.

Motivcare/Logisticare: free transport to/from medical and mental health appointments for Medicaid eligible persons only, check with DHSS to get registered. Call 1-866-832-7534 or sign up online at https://www.logisticare.com/members-families

Get a Job, Get a Ride Program: free transport program to job training or jobs for those who qualify. Call 1-888-743-3628 or check out online at general@delawarecommutesolutions.org

Cellphone2021-06-30T16:45:48-04:00

Cellphone – There are a variety of free phone services for those who qualify based on income:

Clothing2021-06-30T16:45:14-04:00

Clothing – DHSS can give you a referral to a Clothing Closet near you; and most Emergency Housing Shelters and many churches throughout the state also have Clothing Closets. If money is tight and until your household is more financially stable, make use of the clothing at the Goodwill or Salvation Army centers. All probation offices have clothing closets sponsored by the Delaware Center for Justice. Have your Loved One ask their Probation Officer if they need  additional clothing. Please note that these services may change their hours or guidelines without much notice. It’s always best to call first and find out how best to access these resources.

New Castle County:
Friendship House Clothing Bank 302- 654-1390
Phoenix Used Clothing 302-593-9470

Kent County:
Maranatha Life Changing Church, 1235 E. Division St., Dover; 302-734-9510

Wesley Clothing Closet
209 S State St., Dover (rear of building)
Phone: 302-678-9626
(Must Have Voucher from James Williams State Service Center)

Sussex County:
Shepard Office
408 N. Bedford St.,
Georgetown, DE
Phone: 302-858-8556

The Christian Storehouse: 302-934-8151

The Way Home, Georgetown: 302-856-9870

Food2021-06-30T16:42:37-04:00

Food – DHSS can give you a referral to a nearby Food Bank or Food Pantry. Many Churches also have Food Closets and Pantries. Whatever food stamps you receive will rarely last a whole month especially if you are not careful in what you buy. For Food Pantries and Soup Kitchens, make sure to call first to confirm they are still operating and that their hours and/or days of service have not changed.

EXPUNGEMENTS AND PARDONS

Can my loved one get help in applying for a pardon and/or an expungement?2021-06-30T16:40:06-04:00

Can my loved one get help in applying for a pardon and/or an expungement?

Yes, the APEX Program under the Delaware Department of Labor is dedicated to opening opportunities to individuals with criminal histories by helping them through the pardon or expungement process. If your loved one is eligible, APEX can provide one-on-one assistance through each step of the process to help them apply.

How do I know if my loved one qualifies for APEX’s assistance?2021-06-30T16:39:11-04:00

How do I know if my loved one qualifies for APEX’s assistance?

To be eligible to participate in the APEX program, your loved one must meet one of the following requirements:

  • They have not been arrested, incarcerated, or on probation or parole in the past 3 years; or
  • They have never been found guilty of an adult offense.

They must also meet the following requirements:

  • They have no pending or unresolved charges.
  • Their offenses are in the State of Delaware.

For more information on pardons and expungements visit the APEX Program Website at: https://labor.delaware.gov/apex

For more specific information on the pardons process, visit the “Getting Started” page on the Delaware Board of Pardons’ website: https://pardons.delaware.gov/getting-started/

Family Concerns

The impact of a parent or Loved One’s incarceration on children has been proven time and again to be significant in many ways, often in ways that are disruptive to their successful growth and development. At the same time, children can be amazingly resilient with steady support and encouragement from significant adults in their lives.  You can make a huge difference in the lives of the children you know who are living with the incarceration of someone important to them. For resources related to Family Concerns click here.

COUNSELING AND CLASSES

Where can we go for Family Counseling? My kids are having a really hard time with the incarceration!2021-07-01T09:33:37-04:00

Where can we go for Family Counseling? My kids are having a really hard time with the incarceration!

Depending on your health insurance you may be able to obtain family or personal counseling at low or no cost. It’s always advisable to shop around to find the best fit of counselor or program for you and/or your family. It is a really good idea to get counseling for both you and for the children, as it can be a very stressful time for all. Many times caregivers, including grandparents, uncles, aunts and friends, may think they are keeping the children safe by not talking about it. Sometimes, the children don’t want to stress the caregivers by expressing their concerns, especially if relations between their incarcerated parent and their caregivers are troubled. It’s critically important for children and caregivers to have support during the time of their Loved One’s incarceration and re-entry. Please remember that a child’s brain doesn’t always think logically and they may have fears and concerns that you think are silly but are very real for the child. Remember it’s ok for them to talk to someone other than you about these feelings; in fact it may be the most helpful thing for both of you! Check out our resource listings.

Are parenting classes available to help me? I’m having a really hard time helping my children!2021-07-01T09:32:56-04:00

Are parenting classes available to help me? I’m having a really hard time helping my children!

Whether you are dealing with parenting on your own for the first time OR you are finding that coping with the incarceration of your child’s parent is more than you expected, please understand that it’s completely normal to hit the wall with caring for your family during this time. Getting some extra help is like taking extra vitamins to help boost your immune system during cold and flu season; a little bit can go a long way in making a difference.

The Delaware Fatherhood Initiative in Milford has classes for both custodial and non-custodial parents. Call them at 855-733-3232. Their website also carries lots of additional resources and helpful articles: https://www.cffde.org/programs

Child Inc. offers free parenting classes that focus on parenting different age groups as well as a class that helps children deal with parental separation. Courses available in all three counties of Delaware. For New Castle County, call 302-254-5522 or 302-762-8989; for Kent and Sussex Counties, call 800-874-2070.

Children and Families First is another statewide program offering a wide variety of programs, services and classes for parents and children. Their website states “The trauma of abuse, neglect, and tragedy weigh heavily in the lives of our children and families. We ask not, “What’s wrong with you?” but “What HAPPENED to you?” Contact them at 302-658-5177 in New Castle County, 800-220-3092 in Kent and Sussex Counties or check out their website at https://www.cffde.org/programs.

Should I tell the school that my child/children is/are now dealing with an incarcerated Loved One?2021-07-01T09:32:22-04:00

Should I tell the school that my child/children is/are now dealing with an incarcerated Loved One?

YES, as a child’s mind differs from an adult’s, there are many emotions and thoughts that they have that are not necessarily true or completely correct. They may act out or have a bad day and not even know why or are too ashamed to admit the reason they are acting out. It is important that the School Counselor knows what they may be going through.

HELPING CHILDREN COPE

Are there any programs to help my children to deal with our Loved One’s incarceration?2021-07-01T09:38:24-04:00

Are there any programs to help my children to deal with our Loved One’s incarceration?

Beyond individual or family counseling, encouraging your child/children to engage with other supportive adults and youth can be a tremendous help to them and you! Some local and online resources are listed here:

The Read In, Read Out program sponsored by the Delaware Center for Justice that enables eligible offenders the opportunity to record themselves reading a book for their child/children which is then delivered to the child/children. The program helps nurture the family connection and strengthens parenting skills during the time of incarceration. Contact Robin Stramp at 302-658-7174 ext. 10 or 21 or email rstramp@dcjustice.org.

The Angel Tree Ministry sponsored by Prison Fellowship has local and national resources for families with incarcerated Loved Ones.

One Village Alliance in Wilmington offers a variety of youth and family strengthening programs especially for those who are “traditionally marginalized.” Call them at 855-YOUTH-ED, email family@iamthevillage.org or check out their website at http://www.iamthevillage.org/home.html.

Sesame Street has a program with a variety of resources for children with incarcerated parents. Check it out at: https://sesamestreetincommunities.org/topics/incarcerated/

Cap4Kids, the Children’s Advocacy Program of Philadelphia has a colorful online booklet for caregivers on how to explain incarceration:  https://cap4kids.org/philadelphia/files/2016/06/HowToExplainJails.pdf

The Children of Incarcerated Parents Library sponsored by Rutgers University also has a wide variety of resources for caregivers for free.  https://nrccfi.camden.rutgers.edu/the-children-of-incarcerated-parents-library/

Kids Mates is an online resource with excellent articles for parents and children tackling incarceration’s impact as an adverse childhood experience and the critical role of resiliency. They note that “Black Americans have a 1 in 4 chance of having a parent incarcerated during their childhood, seven times the risk of white Americans.” You can browse their articles at https://www.kidsmates.org/.

Should I take my child/children to visit their parent who is incarcerated? What are the prison policies?2021-07-01T09:37:28-04:00

Should I take my child/children to visit their parent who is incarcerated? What are the prison policies?

This is an important question to consider carefully before making a decision based on many factors. An excellent guideline with considerations of age and additional questions can be found on a Rutgers University fact sheet:
https://nrccfi.camden.rutgers.edu/files/cipl105-visitingmomordad-1.pdf

In Delaware, visitation must be scheduled one week in advance and opportunities to visit can change from week to week. Generally speaking, two children (under 18) are allowed to visit when accompanied by an adult (maximum 2 adults and 2 children). For specific policies for each prison in Delaware, see the DOC website page:
https://doc.delaware.gov/views/visit_inmate.blade.shtml#:~:text=Visits%20must%20be%20scheduled%20in,you%20will%20be%20denied%20access.

Are there specific programs to help women who have a Loved One incarcerated?2021-07-01T09:34:22-04:00

Are there specific programs to help women who have a Loved One incarcerated?

There are a few local and online resources but they are sometimes hard to track down. Don’t give up however because groups can come and go as circumstances change.One on-line program is the Essie Justice Group that states “1 in 4 women have an incarcerated Loved One which translates into women’s lives often being defined and confined by the criminal justice system.” Check out their network and programs at https://essiejusticegroup.org/advancing-gender-justice/.

PARENTS OF INCARCERATED ADULTS

My adult child has been incarcerated, is there anywhere I can get support?2021-07-01T09:39:28-04:00

My adult child has been incarcerated, is there anywhere I can get support?

Thankfully yes!

You can contact:
Link of Love Support Group for Families with an Incarcerated Loved One – Lori Alberts at bearwood59@live.com or by calling 302-659-5633 or
Parents with Incarcerated Children – Danette Butler at danettebutler55@gmail.com or call 302-397-9185.

There are also other support groups on facebook but many of them are closed groups. If you are interested, contact Lori Alberts at bearwood59@live.com or call her at 302-659-5633 for information on how to get an invite to those groups.

CUSTODY AND CHILD SUPPORT

If a child was legally removed from a parent when the parent was incarcerated, can they be reunited?2021-08-03T17:10:37-04:00

If a child was legally removed from a parent when the parent was incarcerated, can they be reunited?

Again, this can be a difficult and complicated question. Child custody questions are typically legally decided by the State of Delaware Family Court mediators and judges. If child abuse or domestic violence was involved in the decision, then additional issues must be addressed. The following agencies provide free or low-cost legal assistance on a wide range of legal issues to Delawareans including family matters.

Delaware Volunteer Legal Services (DVLS)
302-478-8680 or 1-888-225-0582

Delaware Legal Services Corporation
New Castle County302-575-0408
Kent County: 302-734-8820

Community Legal Aid Society
New Castle County: 302-575-0660
Kent County: 302-674-8500
Sussex County: 302-856-0038

What do I do if I’m not sure I want my child’s parent to have Custody or Visitation when they are released from prison?2021-08-03T17:03:08-04:00

What do I do if I’m not sure I want my child’s parent to have Custody or Visitation when they are released from prison?

These can be complicated questions to deal with. If you need help sorting out your concerns and feelings,  speaking with a counselor might be helpful. At the same time, you also need to work within the legal requirements of the State of Delaware. Depending on the current custody status of your children, you may need to contact Family Court. “Under Delaware law, parents are joint natural custodians of their children.  When parents live separate and apart, either or both parents may file a petition in Family Court asking that the court award custody to him/her. Under Delaware law,  whether parents have joint legal custody or one parent has sole legal custody of a child,  each parent has the right to receive, when requested from the other parent, all material information concerning the child’s progress in school, medical treatment, school activities and conferences, religious events, and other activities in which the child participates.  Both parents have a right to attend all these activities.  Both parents also have the right to access to the child by phone and mail.” See the Delaware Courts Custody and Visitation overview website pages at  https://courts.delaware.gov/family/custody/ or https://courts.delaware.gov/family/visitation/.

Will Child Support still be paid or can it be available if the parent of my children or grandchildren has been incarcerated?2021-08-03T17:15:16-04:00

Will Child Support still be paid or can it be available if the parent of my children or grandchildren has been incarcerated?

The obligation of an incarcerated parent is based on pre-incarceration circumstances for the first 180 days of continuous confinement, and a one-half of a minimum order thereafter. However, incarceration will not have any effect on an obligation if the obligated parent…

  • has sufficient independent wealth or other resources with which to pay support; or |
  • is incarcerated for crimes against a dependent child or a support recipient; or
  • is incarcerated for nonpayment of child support.

Of course, the reality for many who are incarcerated is that they can’t fulfill their child support obligations if they aren’t employed and receiving income. Contact the Division of Child Support Services Monday-Friday from 8am-4pm for additional information:

New Castle County 302-577-7171
Kent County 302-739-8299
Sussex County 302-856-5386

Or check out their website at https://dhss.delaware.gov/dcss/

Employment

Supporting yourself and/or your family during a Loved One’s incarceration can make all aspects of life more challenging. If your Loved One provided significant income support, then you will need to find a way to make up the difference. Social services and assistance may help fill the gap; but sometimes you will be the one to find a way to earn enough to keep yourself or your family afloat. The resources in this section provide a place to begin; there are many more programs and possibilities available than what we can list. Ask friends and other family members for suggestions or expand your circle of contacts by seeking out information of possible jobs, training or educational programs that fit your abilities and interests. Information is also provided here about resources to help with child care services. For resources related to employment click here.

JOB TRAINING AND PREPARATION

What local job training programs are available?2021-07-02T16:42:45-04:00

What local job training programs are available?

Below are a few organizations that provide job preparation and/or job training for low or no cost depending on your eligibility. This list is only partial and your area may have others that work better for you. No matter what your skill level may be, believing in yourself and trusting that there are others out there who want to see you succeed will make a huge difference in your successful preparation for and search for meaningful employment.

Delaware Skills Center2021-07-02T16:42:23-04:00

Delaware Skills Center in Wilmington has low cost and free job training programs for CNA, LPN, Electrical trades, Construction pre-apprentice, HVAC, Computer Network Support, Welding and Fabrication.  https://deskillscenter.org/

Delaware Technical Community College2021-07-02T16:41:55-04:00

Delaware Technical Community College – has job training and certificate programs in various trades/fields.  They have campuses throughout the state. The Continuing Education programs hold most of these courses.   https://www.dtcc.edu/continuing-education

Goodwill Industries2021-07-02T16:41:35-04:00

Goodwill Industries – has online computer literacy and job training classes.  GoodWill also hires formerly incarcerated people and trains them for jobs, such as working in their warehouse and distribution centershttps://www.goodwill.org/jobs-training/training-and-career-advancement/

Delaware Food Bank2021-07-02T16:41:10-04:00

Delaware Food Bank – hosts a Culinary School training program in New Castle County and Sussex County.
https://www.fbd.org/the-culinary-school/

Delaware Dept of Labor2021-07-02T16:40:50-04:00

Delaware Dept of Labor – also has resources available throughout the state. Check out their website at:
https://labor.delaware.gov/divisions/employment-training/

What do I need to be able to get a good job?2021-07-02T16:39:50-04:00

What do I need to be able to get a good job?

The Delaware Correctional Reentry Commission’s website offers some GREAT practical skills and tools to help focus and develop on the skills and information you need to improve your employment opportunities.
https://doc.delaware.gov/dcrc/employmentresources.shtml .

The link at that website to the Employment Help Resources include services for anyone as well as specific services for returning citizens.https://doc.delaware.gov/dcrc/assets/docs/StateEmploymentResources2019.pdf

Delaware Works is a state funded program providing lots of resources like career interest inventories and skills tools that help you get informed about possible jobs you never considered before!
https://www.delawareworks.com/career_plan.php

Bonding2021-07-02T16:39:07-04:00

Bonding – This is a program through the Department of Labor that provides a guarantee to an employer that they will be reimbursed for any extra costs the employer may face if they hire an ex offender and the person commits a criminal act on the job. This is for your benefit, it gives employers an incentive to hire ‘high risk’ people.  It is up to you to make sure your employer never has to use this protection once they hire you.

How can I find a job that will support our family?2021-07-02T16:38:37-04:00

How can I find a job that will support our family?

There is never an easy answer to this question. Oftentimes, families will need to patch together multiple jobs and sources of assistance to get through the rough times until you can land a job with sufficient pay to cover your expenses. Check around with everyone you know about possible job openings, and then ask them to ask their friends, coworkers and acquaintances. Take a risk and apply for a job you may not feel qualified for; it may be you are exactly the person the company needs or is looking for. Taking time to complete or further your education with a GED, adult education classes, vocational training or college degree may also be of help. Make sure to enlist the help of your family, friends and faith community members and remember that while you may need the assistance now, down the road you will be able to help another.

TEMPORARY EMPLOYMENT

Is working with an Employment Agency a good idea?2021-07-02T16:37:08-04:00

Is working with an Employment Agency a good idea?

It’s worth a try! These businesses are typically very friendly to people with a variety of backgrounds. Once you complete the paperwork to be enrolled with the agency, they will assign you to a job site. Some job assignments are very short in length, others may last a few months, or be “temp to perm.”  Temp to perm means that if you do well on the job for a period of time, the employer may hire you as a permanent employee. With any assignment you are sent on through an employment agency, always communicate with the staff at the agency if you have a problem at the job site. If you leave a job assignment without communicating with the agency, or quit an assignment, they may not place you in another assignment. Treat each temporary assignment as a “real” job to increase your chances of getting better, higher paying, longer assignments and to increase your chances of being hired permanently by an employer.

New Castle County:

Kent County:

Sussex County:  

CHILD CARE RESOURCES

Where do I find licensed child care providers?2021-07-02T16:38:14-04:00

Where do I find licensed child care providers?

Here is the list from the Office of Child Care Licensing.  You can search by County, name of a daycare provider, etc. https://education.delaware.gov/families/occl/child_care_search/

What kinds of assistance are there for help paying child care costs?2021-07-02T16:37:44-04:00

What kinds of assistance are there for help paying child care costs?

This a program through the Department of Social Services that reduces the cost of child care for low income families.  It is called Purchase of Care. https://www.mychildde.org/wp-content/uploads/purchase-of-care-2019.pdf

Go to the DSS website, or to a social service office, to ask about eligibility for this program.  DSS also has a list of licensed child care providers. https://dhss.delaware.gov/dhss/dss/childcr.html

DSS also has resources for grandparents who are raising children.  https://www.dhss.delaware.gov/dhss/dsaapd/caregive.html

Housing

The incarceration of a Loved One can mean all sorts of challenging consequences for families left to deal with the impact. Likewise, the return of your Loved One from incarceration can mean all sorts of difficult decisions to be made regarding your’s and their housing arrangements. We hope the following section will provide some practical guidance and information to help you find your way. You can find many specific resources listed on our resource page; use this link to access it now.

IMPORTANT CONSIDERATIONS

Can my Loved One return to living with our family?2021-07-06T17:24:26-04:00

Can my Loved One return to living with our family?

This will depend on your Loved One’s conviction and sentencing. If you or someone in your household is a victim of the crime, your Loved One may not be permitted to live with you even if you did not file a request for Protection From Abuse.  Sometimes the person accused or convicted of the crime can be ordered not to have contact with a victim or alleged victim. If your Loved One has been convicted of a sexual offense, they may not live within 500 feet (in some towns/cities the distance requirements are different) of a school, daycare, church, or park. Also some trailer parks and apartment buildings do not allow returning citizens who have been convicted of a sexual offense and must register with the State because of their conviction.

What do we need to consider in welcoming our Loved One home?2021-07-06T17:23:56-04:00

What do we need to consider in welcoming our Loved One home?

You need to consider everything! Everything from how it will affect others in your household, how your neighbors might respond, what conditions the Probation Office puts on your Loved One, and how you are able to help them, just for starters. Is it likely they might try to take advantage of your love? Will they listen to you and care about your needs? Will they follow the rules of your housing situation? Will they be allowed to have children under the age of 18 come to visit or live in the same home? How long will your Loved One stay? Do you have enough room in your house? Do you have enough time and money to help them? Where will he/she go if it doesn’t work out? Will they help out with chores and money? Can you teach him/her what they will need to know in order to move out and make it on their own. How will it affect you and/or your family if your Loved One goes back to prison? You can not know the answers to all these questions but you must consider them and more before you make this decision! As much as you love them, sometimes for their best interest (and yours) you may have to say No. Do not let them make you feel guilty, it was their choice to put themselves in this place, in the first place. You and your family must make the best decision you can and remember, life will always bring us unexpected changes.

What is Home Confinement?2021-07-06T17:23:36-04:00

What is Home Confinement?

Home Confinement is a level of supervision that allows a person not to be in prison, but limits their movement in the community.  It is considered Level 4 supervision and it involves electronic monitoring.  A person on Home Confinement wears an electronic monitoring device on his or her ankle, and is not permitted to leave their home except during specific times determined by the probation officer. This requires a Host home, usually family or a friend. The house and person/people will have to first be approved. Then they will have to have a Verizon landline phone system installed (at their/your cost) with Long distance and no other features.. Verizon 1-800-837-4966 I believe the initial cost is approximately $150 for set-up and then approximately $90 a month. Upon release, your Loved One  will be fitted with an ankle bracelet at Probation and you will have to sign papers and pick them up. The monitor will be placed at the house shortly after your Loved One is allowed out, typically only 2 hours a day unless they have made arrangements with their Probation Officer for appointments or job seeking. The rules of home confinement are strictly enforced and this may seem harsh, but it is better than staying incarcerated in a prison.

Is it a good idea to have my Loved One stay with family?2021-07-06T17:23:09-04:00

Is it a good idea to have my Loved One stay with family?

If your Loved One  is lucky enough to have this privilege and you are willing and able to receive them home, don’t let them blow it. Make sure they help out physically and financially every chance they can. Have them clean up after themself and help do chores. Write up  the house rules, phone rules, curfew, etc. and make them sign a contract. Remind your Loved One to “take this time to get themself together and get on their feet” so they can move into their own place.If you are Mom or Dad or Grandparent, remember they are adults and after a time, they should be on their own, living their own life. It may take a year or two but you need to be strong enough to kick them out if they are not doing what they need to do. Likewise if your Loved One is a spouse or partner or parent to your child(ren), remember that while a time of adjustment is necessary your Loved One must also take responsibility for their share of contributing to the family’s well being.

What if my Loved One isn’t ready to move in with us or we’re not ready for them to return?2021-07-06T17:22:43-04:00

What if my Loved One isn’t ready to move in with us or we’re not ready for them to return?

In some cases this may be better for them. If it is necessary for them to have additional mental health treatment or be in a Sobriety program, then by all means, work to help them find an opening in a program that will help. If they choose to live on their own because they don’t want to follow your rules, let them go. If they are able to live on their own and do good, let them go but invite them over for dinner a lot.

AFFORDABLE HOUSING OPTIONS

What kinds of affordable housing options and programs are available?2021-07-06T17:21:45-04:00

What kinds of affordable housing options and programs are available?

While many programs exist throughout the state, there is often a long wait period involved. DO NOT LET THIS DISCOURAGE YOU!! Make your application if you can and then continue to search for other temporary solutions. You may want to allow yourself to pursue the possibility of home ownership even though it seems out of reach. Sometimes a great crisis in our lives opens the door to opportunities we never before imagined.

Delaware State Housing Authority Public Housing –
The Delaware Family Reentry Program (FRP) is designed to allow Delawareans who have a recent history of involvement with the criminal justice system an opportunity to reunite with close family members who are living in housing subsidized by one of Delaware’s five Public Housing Authorities (PHAs). There are a number of requirements, and certain categories of convictions are excluded. Check out more information at their website: http://www.destatehousing.com/OtherPrograms/ot_frp.php#:~:text=The%20Delaware%20Family%20Reentry%20Program,Public%20Housing%20Authorities%20(PHAs)

Public Housing programs providing housing for lower income families exist throughout the state. While the need is always greater than the available units and the wait time can be long, this option may be the one for your family. In New Castle County, check out the Wilmington Housing Authority, https://whadelaware.org/, and the City of Newark Housing Authority, https://newarkhousingauthority.net/, and in Kent and Sussex Counties check out resources through the Delaware State Housing Authority http://www.destatehousing.com/Renters/rt_ph.php

Section 8 Housing programs, also called Housing Choice Vouchers, are also available throughout the state and allow landlords to rent their properties to tenants at a more affordable rate because of state supported funds. Again, the waiting time can be lengthy to obtain a voucher but you never know when openings may arise. For New Castle County residents, check out:   https://nccde.org/467/Housing-Choice-Voucher-HCV-Program. For Wilmington https://whadelaware.org/ and for Newark https://newarkhousingauthority.net/. For Kent and Sussex County, check out this website: http://www.destatehousing.com/Renters/rt_s8hcv.php

House Sharing – Sharing expenses can be a good idea but always be careful who you rent to or rent from. It is always wise to make up a written contract detailing how much will be paid when, what will happen if you or your Loved One is late in paying or can’t pay, what chores will be required, house rules and such, so there is no misunderstanding of what is required for you or the others who are living there.

Rentals – Sometimes, the best way to find a rental that will work for you is to ask family, friends and coworkers if they know of homes, apartment complexes or unusual circumstances that might fit your family’s needs. Remember that many landlords will want to run a credit check and/or a criminal background check with your application so the best policy is to be as honest and clear about how you would be a great tenant even in your special circumstances.

The Delaware State Housing Search website updates available rentals in Delaware daily and provides specific assistance with those searching for special needs housing, housing for veterans and housing in the event of a disaster like flood or fire. https://www.delawarehousingsearch.org/

Home Ownership programs –  Throughout Delaware, there are several programs that assist individuals and/or families make the move into home ownership. Sometimes, you need to put in “sweat equity” hours working on your future home or other homes being prepared for other future home-owners. Other times, the programs are more focused on helping you become financially ready for a first mortgage. Typically, these programs are focused on homes that are more affordable than many on the open market. What is always needed is your strong motivation to do what is required to take this step to greater stability and financial equity for your family.

Emergency Shelter – Sometimes dormitory style and sometimes individual rooms and usually with a limited time to stay. Typically, many services are available to help you or your Loved One get back on your feet and usually, you will need to help with food and chores around the house/facility. Minimal fees may be required. Some shelters are just for men, some just for women, some just for women with children and a very few are able to house families or extended families together.

Transitional Housing – A group of people in one house with a limited time to stay but frequently for longer than 30-60 days. For families, this kind of housing usually offers apartment style rooms, sometimes with shared kitchen or living areas. Multiple services and case management programs are typically included with the goal of helping the individual or family address any and all issues prior to moving into permanent housing.

Group Home – A group of people in one house paying rent/fee, sharing in household duties and responsibilities.
These are most often programs for single men or women with a common condition or shared concern.

Sobriety Program House – A group of people staying with the condition of Sobriety and paying rent or fees. Many of these homes offer additional clean and sober living programs like AA or NA, faith based peer counseling if run by a Church, help with a variety of services, case management, etc.

SEXUAL OFFENSE REGISTRANTS

What do we need to know if our Loved One is registered as a “Sex Offender”?2022-04-20T18:23:27-04:00

What do we need to know if our Loved One is registered as a “Sex Offender”?
If your Loved One is returning after a conviction of a sexual offense, they will be required to register with the State of Delaware as a “Sex Offender.” The restrictions regarding their place of living are stringent and often very difficult to accommodate. Make no mistake that the Probation Office, State and local law enforcement personnel (and sometimes even neighbors and community residents) will be very active in ensuring that your Loved One carefully observes the residential and movement requirements.
If you are currently living within 500 feet of a school, playground, child care facility or other designated areas, your Loved One may not be permitted to live with you. Your Loved One’s Parole Officer should have specific details.

Requirements in Delaware
Sex offender registry requirements in Delaware vary by tier:
**Tier III offenders are considered high-risk and are required to confirm their address and place of work or school every 90 days.
**Tier II offenders are considered moderate risks and are required to confirm their address and place of work or school semi-annually.
**Tier I offenders are considered low-risk and are required to confirm their address and place of work or school yearly.

No matter the tier, all offenders on the registry in Delaware need to update the registry every time they change schools, their place of work or their residence. This update must take place within three days of the change. In order to confirm the information on their registration, offenders need to apply in-person at the appropriate offices in New Castle County or Sussex County.

Anyone who is a Sex Offense Registrant and is homeless is required to verify their location in-person at these offices on a specific timetable. For Tier I offenders, they need to apply in-person every 90 days. For homeless Tier II offenders, they must appear in-person every 30 days. Tier II offenders who are homeless must arrive at these offices every seven days.

LANDLORD/TENANT RELATIONS

Are there particular rules that landlords and tenants need to follow?2021-07-06T17:10:19-04:00

Are there particular rules that landlords and tenants need to follow?

For a summary of the Delaware Residential Landlord-Tenant Code which governs the rights and responsibilities of landlords and tenants, visit:
https://attorneygeneral.delaware.gov/wp-content/uploads/sites/50/2017/03/Landlord_Tenant_Code_Summary_for_Tenants_2014.pdf

What can I do if the landlord is threatening to evict us?2021-07-06T17:09:37-04:00

What can I do if the landlord is threatening to evict us?

Free legal help is available at Delaware Community Legal Aid Society, Inc., Delaware Volunteer Legal Services, or Legal Services Corporation of Delaware. You will need to call to see if you qualify for their services. The Delaware Legal Help Link webpage provides more general information on obtaining legal assistance.

Delaware Legal Help Link: delegalhelplink.org

Delaware Community Legal Aid Society, Inc. (CLASI)
declasi.org / 800-292-7980 New Castle County / 800-537-8383 Kent County / 800-462-7070 Sussex County

Delaware Volunteer Legal Services (DVLS)
dvls.org / 302-478-8680 New Castle County / (888) 225-0582 Kent and Sussex Counties

Legal Services Corporation of Delaware (LSCD)
lscd.com / 302-575-0408 Wilmington office / 302-734-8820 Dover office

If your situation requires you to go to court (Justice of the Peace Court handles landlord-tenant cases), you don’t have to have an attorney and most tenants represent themselves. However, if you are unfamiliar with the legal issues and procedures in your case, you may want to consider consulting with a lawyer.

In Delaware, only a court may lawfully evict a tenant. A landlord is prohibited from using what is sometimes called “self-help” to evict a tenant themselves. In other words, a landlord cannot lock out a tenant, cause essential services (hot water, heat, water, electricity) to be shut off, or otherwise force a tenant out without following the necessary legal procedures. In order to retake possession of your rental unit (room, apartment, or house), your landlord must file an action in the Justice of the Peace Court. The majority of these actions are based on a tenant’s failure to pay rent, however a landlord may also file an action for summary possession if the tenant breaches other terms of the rental agreement not related to rent (often called “rules violations”). Finally, a landlord may take a tenant to court if the tenant is given proper advance notice of the landlord’s decision to terminate the lease and the tenant fails to vacate by the required date.

For detailed information on the “rules violation” or summary possession process in the Justice of the Peace Court, visit: https://courts.delaware.gov/help/landlordtenant/

Crisis Help

Everyone needs help from time to time; and sometimes the help we need is big and scary. Often times, financial troubles can be helped before they become overwhelming by contacting the people owed as soon as we know we can’t pay – this includes utility companies, landlords or mortgage holders and lenders or other credit card companies. Payment plans are often available. Of course, this isn’t always the case. Be persistent in pursuing whatever help you may need because you are a human being deserving of dignity, respect and the care of your community. Remember that a real emergency means someone’s life is in danger. If you can take action to prevent life threatening developments like your utilities being shut off, PLEASE DO SO at the earliest opportunity. For resources related to crisis help click here.

EMERGENCY HOTLINES

Who do I call for Emergency Fire, Medical or Police Assistance?2021-07-06T17:16:57-04:00

Who do I call for Emergency Fire, Medical or Police Assistance?

CALL 911!

Who can I call for help with a Mental Health Crisis?2021-07-06T17:16:30-04:00

Who can I call for help with a Mental Health Crisis?

There are several 24 hour hotlines you can call to get immediate help during a mental health crisis. These helplines are staffed by trained professionals. Response teams may also be available to come to your home.

For Northern Delaware is 1-800-652-2929
For Southern Delaware is 1-800-345-6785

Delaware also has locations where people in crisis can go 24 hours a day for assistance. The list of locations is here:  https://www.dhss.delaware.gov/dsamh/crisis_intervention.html

24-hour Emergency Help with a Child’s Emotional Problem:
1-800-969-HELP (4357)

What about other hotlines for other kinds of crises like suicide or domestic violence?
The National Suicide Prevention Lifeline is 1-800-273-TALK (8255)

The National Domestic Violence Hotline is 1-800-701-0456

Delaware’s Domestic Violence hotlines:
New Castle County 302-762-6110
Kent and Sussex County 302-422-8058

There is a special hotline for Veterans who are in crisis:
Call 1-800-273-8255 and select 1, or text 838255

The National Alliance on Mental Illness has a helpline that is staffed from 10am-8pm Monday through Friday: 1-800-950-NAMI (6264).
They also have a text helpline: Text NAMI to 741741

24-hour Child Abuse and Neglect Reporting Hotline:
1-800-292-9582

FINANCIAL ASSISTANCE

What can we do if our income is suddenly gone if our Loved One is incarcerated?2021-07-06T17:15:28-04:00

What can we do if our income is suddenly gone if our Loved One is incarcerated?

The state Department of Health and Social Services operates service centers throughout the state. They are often a good first stop for help when your financial situation becomes critical. Financial assistance can take the form of supplemental income, food stamps, medical insurance through Medicaid or other state sponsored programs and vouchers or referrals for housing, utilities, food, clothing or transportation. Each of the service centers, their addresses and phone numbers are listed in this website’s resource listing under Crisis Help.

UTILITIES ASSISTANCE

What do I do if I get behind in my power or electric bill?2021-07-06T17:13:00-04:00

What do I do if I get behind in my power or electric bill?

First and immediately, contact your utility provider. DO NOT WAIT until the 2nd or 3rd late notice and please NEVER wait until you receive a 24 hour notice to shut off utilities. Contact the utility company as soon as possible and explain your situation. They can often put your account on a payment plan, make arrangements for you to catch up on what you owe from before and point you in the direction of resources that may be able to help.

Is there anybody who can help if I get behind on my utilities?2021-07-06T17:12:33-04:00

Is there anybody who can help if I get behind on my utilities?

Yes, you may be able to get help through any number of community organizations or at the State Service Centers run by the Delaware Department of Health and Social Services (DHSS). The State Service Centers and each organization operate differently, and you will need to contact each individually to find out what they require and how much money they might be able to provide you.

You may also check with your local Church of faith congregation, as some have Benevolent or Emergency Funds. Please understand that many faith congregations have limited resources so while they desire to help, they may not always be able to do so.

A few other possibilities are listed here:
https://www.needhelppayingbills.com/html/need_help_with_electric_bills.html
Catholic Charity of Delaware (statewide offices – see our resource listing for specific locations & phone numbers)
Delmarva Clergy (Kent County) 302-422-2350
First Presbyterian Church (Kent County) 302-653-8000
Love Inc. of Mid Delmarva (Kent & Sussex Counties) 302-629-7050
Love Inc. of Delaware (New Castle County) 302-221-5683

FOOD AND CLOTHING HELP

Where can I go to get help with food or clothing?2021-07-06T17:15:04-04:00

Where can I go to get help with food or clothing?

The state Department of Health and Social Services operates service centers throughout the state. They are often a good first stop for help when your financial situation becomes critical. They can provide referrals to services including food and clothing. In addition, many food closets and food distribution centers operate throughout the state. We have provided a listing below of sites that were confirmed as of summer 2021 but PLEASE note, many of these programs are run by volunteers and so may change with little or no notice. It’s always best to call ahead and be flexible.

Food Resources2021-07-06T17:14:42-04:00

Food Resources:
Multiple food closets and food pantries operate throughout the state sponsored by governmental, community or faith based providers. Our website lists a number of these programs locatable by county. You can also check in with various websites listed below, but again the regularity with which these websites are updated is unknown:
https://www.needhelppayingbills.com/html/delaware_food_pantries_and_ban.html
https://www.foodpantries.org/st/delaware

Clothing Resources2021-07-06T17:14:17-04:00

Clothing Resources:
DHSS can give you a referral to a Clothing Closet near you; and most Emergency Housing Shelters and many churches throughout the state also have Clothing Closets. If money is tight and until your household is more financially stable, make use of the clothing at the Goodwill or Salvation Army centers. All probation offices have clothing closets sponsored by the Delaware Center for Justice. Have your Loved One ask their Probation Officer if they need  additional clothing. Please note that these services may change their hours or guidelines without much notice. It’s always best to call first and find out how best to access these resources.

New Castle County:
Friendship House Clothing Bank 302-654-1390
Phoenix Used Clothing 302-593-9470

Kent County:  
Maranatha Life Changing Church, 1235 E. Division St., Dover; 302-734-9510
Wesley Clothing Closet, 209 S State St., Dover (rear of building); 302-678-9626
(Must Have Voucher from James Williams State Service Center)

Sussex County:
Shepard Office, 408 N. Bedford St., Georgetown; 302-858-8556
The Christian Storehouse; 302-934-8151
The Way Home, Georgetown; 302-856-9870

RENT ASSISTANCE

What do I do if I get behind on paying my rent or mortgage?2021-07-06T17:11:55-04:00

What do I do if I get behind on paying my rent or mortgage?

DON’T WAIT! Contact your landlord or mortgage company as soon as you see that you have a problem. Many companies and landlords, though not all, are willing to work with you on making up your back owed rent or mortgage payments. You will need to make and have a plan to present to them so you may need to do some work beyond your current situations to figure out

Is there anywhere I can get help with paying my rent if I get behind?2021-07-06T17:11:29-04:00

Is there anywhere I can get help with paying my rent if I get behind?

Yes, you may be able to get help through any number of community organizations or at the State Service Centers run by the Delaware Department of Health and Social Services (DHSS). The State Service Centers and each organization operate differently, and you will need to contact each individually to find out what they require and how much money they might be able to provide you.

You may also check with your local Church of faith congregation, as some have Benevolent or Emergency Funds. Please understand that many faith congregations have limited resources so while they desire to help, they may not always be able to do so.

A few other possibilities are listed here though availability of funds is never assured. Please contact the agencies listed on these websites directly for further information:
https://www.needhelppayingbills.com/html/get_help_paying_rent.html
https://www.rentassistance.us/st/delaware

COVID-19 Rent Assistance2021-07-06T17:11:06-04:00

COVID-19 Rent Assistance: If you’ve been financially impacted by the pandemic and are struggling to pay your rent, you may be eligible for rental assistance from the Delaware State Housing Authority (DSHA) through the Delaware Housing Assistance Program (DEHAP). Help has been available for current or past due rent (and utilities) throughout summer of 2021 though the assistance may be ending soon. Eligible households must have:

  •   One or more individuals who qualified for unemployment OR experienced a reduction in income,
    incurred significant costs, or experienced other financial hardship due directly or indirectly to the
    pandemic;
  •   Risk of experiencing homelessness or housing instability, which may include: past due utility or rent
    notice or eviction notice, or housing cost burden (rent is more than 30% of monthly income); and
    •   Income (either 2020 annual income or current income at time of application) at or below 80% of Area
    Median Income for the county of residence.

Either the tenant or the landlord can initiate an online application. Documentation is required from both the tenant and the landlord, however, and tenants and landlords are encouraged by DSHA to be in communication with each other before applying. For more information on eligibility and to apply for assistance through DEHAP, visit: decovidhousinghelp.com.

What services are available if I lose my housing?2021-07-06T17:10:43-04:00

What services are available if I lose my housing?

There are a number of emergency shelter providers throughout the state. While they are frequently filled to capacity, there can also be a higher rate of families moving on than you might expect. DO NOT GIVE UP! The State DHSS service centers can sometimes provide vouchers for hotels for a short period of time or can assist with connecting you with a temporary living situation..

Money Management

There are two primary money management programs in Delaware that are able to provide assistance in learning about what you can do or need to do to help improve your financial situation. “Stand by Me” is a statewide program that provides personal financial coaching; you can reach them at 800-560-3372 or online at http://standbymede.org. The “Delaware Money School” provides courses throughout the year where you can learn about budgeting, credit repair and much more; you can reach them at 302-824-5219 or online at http://demoneyschool.org. When financial troubles hit, a variety of steps usually need to be taken that may require you accepting help when you would rather take care of things on your own. Asking for help from friends and family, applying for government assistance, asking creditors to allow you to make payments on a bill, making use of community and faith congregations’ programs can get you through. Remember that a “hand-up” is different than a “hand-out” and that one day, you may be the one offering help to another. Additional money management resources are available throughout the State of Delaware; you can check out some of them on our Resources page here.

MONEY TROUBLES

Are there programs available to help me stretch my income? We’re having trouble making ends meet.2021-07-02T16:48:41-04:00

Are there programs available to help me stretch my income? We’re having trouble making ends meet.

Learning about managing your money can be truly life changing. Sometimes, we allow our money to control us instead of us controlling our money. The first task is determining exactly how much income we have and how much our expenses are each month. Then we look more closely at exactly where the money goes by tracking every purchase, every payment, every expense we have each month. It’s amazing to discover how much money we spend without realizing it’s left our pocket let alone where it went! Learning tools like budgeting or pursuing debt consolidation or credit repair can make a world of difference in helping make ends meet. There are also budget apps that you can download free to your phone to help you in the moment of that in the store decision.

Then again, there are times when we just don’t have the money we need to cover expenses. So either we cut our expenses by finding ways to economize or do without (like moving in with friends or family to save on rent), or we increase our income with extra jobs or by finding assistance from other sources. Often, we need to pursue multiple courses of action. Remember that you are not alone and help is often available.

How do I decide between paying my car payment or my utility bill?2021-07-02T16:48:17-04:00

How do I decide between paying my car payment or my utility bill?

When you are hit with an unexpected financial crisis and hard decisions need to be made, first and foremost call the company to whom you owe the money and see if they can help. Often, companies can provide a modified payment plan or they can make suggestions about resources available to help. If they can’t or won’t, then consider calling some of the crisis help resources listed on our website. Try to remember that if you allow the payments to be delayed month after month then you will find yourself in a much deeper hole that will be harder to get out of than if you address the problem as soon as it begins.

MANAGING DEBT

How do auto title and paycheck loans work? What do I need to know before I sign the papers?2021-07-02T16:47:51-04:00

How do auto title and paycheck loans work? What do I need to know before I sign the papers?

There are lots of businesses that offer quick and easy loan services based on your paycheck or car title or other assets. And they can be very attractive when you’re in a financial jam. The trouble is, as often as not, families end up in a vicious cycle of taking out a quick loan and then not being able to pay it off in full. Or, another crisis hits  and the first loan can’t get paid back on time. Interest rates for these loans are excessively high compared to personal bank loans and can cost consumers thousands of dollars in interest over time, especially when the loan has to be extended due to complications. Be careful too of newer phone apps offering loan services since many of them charge excessively high interest rates as well. If you find that you are frequently or continually in need of quick loans to cover your weekly or monthly expenses, it’s past time to get some help! Call on some of the local services providing personal financial counseling listed in our resources to try to get ahead of the money crisis cycle.

What do I do if I’ve gotten deep in debt with loans or my credit cards?2021-07-02T16:47:31-04:00

What do I do if I’ve gotten deep in debt with loans or my credit cards?

When you find that you are getting charged more in interest each month than what your monthly payment covers, this is a clear signal that you are in over your head. If your credit card balances keep going up every month or you keeping using more and more cards, then you’re headed for trouble (if not already there.) There are a number of services that provide help to families with over extended credit debt. Try to determine if the services you contact have Delaware State Certified Debt counselors and read through this advice from Delaware’s Dept of Justice: https://attorneygeneral.delaware.gov/wp-content/uploads/sites/50/2021/03/Debt-Management-Consumer-Memo.pdf. BE CAREFUL TO ALWAYS FIND OUT ABOUT FEES AND WHAT COSTS YOU WILL HAVE TO COVER.

Is there any help for when bill collectors call me night and day?2021-07-02T16:46:40-04:00

Is there any help for when bill collectors call me night and day?

Other than not answering your phone (thank you Caller ID), you may want to learn more about how and what bill collectors are allowed to do by law and what they’re NOT allowed to do. You can find out more at this federal  government site: https://www.consumer.ftc.gov/articles/debt-collection-faqs. If you have specific questions for Delaware’s laws or want to make a complaint about harassment or attempted scams, contact the Delaware DOJ Consumer Protection Unit at https://attorneygeneral.delaware.gov/fraud/cpu/.

BANK ACCOUNTS AND SAVING

Are bank or credit union accounts really helpful in any way? How do they keep my money safe?2021-07-02T16:46:14-04:00

Are bank or credit union accounts really helpful in any way? How do they keep my money safe?

One of the great benefits of bank or credit union accounts is that your funds are federally insured so that you are always covered. Many banks now over complete online services so that all your banking, and much of your bill payments,  can be done with your phone. While setting up an account takes a little time, local branches often have weekend hours and some even have offices in major grocery stores. Most banks or credit unions offer some form of free checking and/or savings accounts; make sure to inquire about specific charges that might apply to debit card transactions, paper statements and always make sure to request overdraft protection so that if you try to take money out of your account when it’s not available, you’ll be protected from any potential fees. Starting a relationship with a bank or a credit union can make a huge difference if you run into financial trouble since obtaining a loan from a financial institution can be much simpler when they know you and your money history.

What good is saving money if I can’t even pay my bills every month?2021-07-02T16:45:53-04:00

What good is saving money if I can’t even pay my bills every month?

Saving aside a little bit every month, even if it is only $1 or $5 or $10, helps us gain a little hope and just as importantly, a little discipline with our money management. The more we practice saving, the better we get at it and the better we feel about our ability to manage our money, PLUS there’s the bonus of the pile of money – no matter how small it may be – at the end of the time we’ve set to save.

TAXES

I never got my stimulus checks; is there a way I can still get them now? How do I know if I’m eligible?2021-07-06T13:39:24-04:00

I never got my stimulus checks; is there a way I can still get them now? How do I know if I’m eligible?

The good news is that if you are eligible for the checks but did not receive them, you can still do so. The extra good news is that if your Loved One was incarcerated during 2020 or 2021 and did not receive their checks AND are eligible, they can also still receive these checks. First, you need to check about your eligibility. Then you can follow the instructions to request the check which usually involves filing a 2020 tax return or an amendment to a 2020 tax return previously filed. Local tax assisting agencies can help you with this. Check out this US government website for details: https://www.usa.gov/covid-stimulus-checks

Where can I go to get help with my taxes or if I have tax questions?2021-07-02T16:45:32-04:00

Where can I go to get help with my taxes or if I have tax questions?

There are several community based organizations available to help with tax preparation and questions. Many public libraries also sponsor trained and state approved volunteers who can help with preparing your taxes during the tax season (January – April).

Families with income from employment and with dependent children in the home should always inquire if their circumstances can qualify them for a variety of credits including the Earned Income Credit which can return significant amounts of money to the family.  Check out some resources on our resource page under Money Management. REMEMBER TO ALWAYS ASK IF FEES ARE CHARGED AND HOW MUCH IT MIGHT COST YOU.

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