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Constitution of the State of Delaware, Art. I, § 12. Right to bail;  access to accused

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) All persons, before conviction, shall be bailable by sufficient sureties, except as follows:

(1) For capital offenses when the proof is positive or the presumption great.

(2) For other felony offenses that the General Assembly expressly prescribes by law when all of the following apply:

a. The proof is positive or the presumption great.

b. The proof is clear and convincing that no condition or combination of conditions of release will do all of the following:

1. Reasonably assure the person's appearance at court proceedings.

2. Reasonably assure the protection of the community, victims, witnesses, or any other person.

3. Reasonably maintain the integrity of the judicial process, such that the person will not obstruct or attempt to obstruct justice.

c. The law designating a felony offense for which a person is potentially not bailable under this paragraph (a)(2) is enacted by an act of the General Assembly that receives the concurrence of two-thirds of all the members elected to each House of the General Assembly.

(b) If a law designates a felony offense as potentially not bailable under paragraph (a)(2) of this Section, a law removing that designation must be enacted by an act of the General Assembly that receives the concurrence of two-thirds of all the members elected to each House of the General Assembly.

(c) When persons are confined before conviction on accusation for any offense, their friends and counsel may, on reasonable conditions, have access to them.

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Cite this article: FindLaw.com - Constitution of the State of Delaware, Art. I, § 12. Right to bail;  access to accused - last updated January 01, 2026 | https://codes.findlaw.com/de/constitution-of-the-state-of-delaware/de-const-art-1-sect-12/

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