A.
"Elements
of an offense" are those physical acts, attendant circumstances, results
and states of mind which are specifically included within the description
of the offense.
B.
In
this chapter when the word "means" is employed defining a word or
term, the definition is limited to the meaning given. When the word
"includes" is employed defining a word or term, the definition is
not limited to the meaning given, but may be defined in any way not
inconsistent with the definition given. If a word is not defined,
it has its commonly accepted meaning. The word "shall" means an obligation,
must or mandatory and without option. The word "may" is considered
not obligatory and/or with a choice. It is the general intended purpose,
where not specifically described, defined or adopted otherwise, that
a word, phrase, conduct and the crime shall be interpose with, and
in effect the same as, the state statute section describing the same
offense, section number, applied, regulated and enforced as a Town
ordinance.
Misdemeanors are classified for the purpose of sentence into
categories:
There shall be a class of offenses, both civil and criminal,
denoted as a violation. No offense is a violation unless expressly
declared to be a violation in the Code of the Town of Dewey Beach
or in a statute adopted by reference, defining the offense as a violation.
No violation designated a civil offense may be prosecuted as a criminal
violation or misdemeanor, nor shall any criminal offense be charged
as a civil violation; however, a minor criminal offense may be amended,
with the approval of the Alderman or Assistant Alderman upon accepting
a plea of guilty or nolo contendere, to a lesser offense that may
be a civil violation.
When the conduct of a defendant/offender establishes the commission
of more than one offense or violation, at the same time, the defendant
may be prosecuted for each offense accordingly. The defendant's liability
for more than one offense or violation may be considered by the court
in the charges against the defendant/offender, provided each offense
is established in satisfaction beyond a reasonable doubt or preponderance
of the facts, that each constituted a separate misdemeanor, violation
or civil offense supported by elements of each crime or infraction.
A.
Every person sentenced by the Alderman Court shall be in accordance
with the Municipal Code. This shall apply to all judgments of conviction
entered after a trial or prior to trial upon entering a plea of guilty
or nolo contendere for any misdemeanor or violation or to anyone who
is present or absent, a proceeding, for a violation determined to
be a civil or criminal contempt of court or for a failure to appear.
B.
When a person is convicted of any offense, the court may take the
following action:
(1)
Impose a fine, court costs and/or other assessments or a sentence
as provided by law.
(2)
Impose a period of incarceration up to one year, commit the offender
to the Department of Corrections, with or without a fine, and/or with
any other punishment provided by law.
(3)
Place the offender upon probation.
(4)
Place the offender upon probation to commence when he is released
from prison.
(5)
Impose sanctions and conditions of probation before judgment.
(6)
Impose a period of community service, up to 365 days, as a sentence,
condition of probation or probation before judgment.
(a)
Community service time served shall be measured in satisfaction
by the prevailing Federal wage per hour, unless otherwise set as a
mandatory amount of hours. When the number of hours performed in community
service equals the amount of the fine, costs, other assessments or
restitution, the offender shall be discharged or retained under the
court's jurisdiction in accordance with the probation guidelines imposed
by the court.
(7)
Order an amount of restitution and/or other compensation to be paid
to a victim or complainant as a special condition of the disposition,
probation or probation before judgment.
(8)
Authorize the payment of a fine, costs and/or other assessments or
restitution, in installments, as time to pay or under a condition
of probation or probation before judgment, during which time the offender
may remain at liberty, under those conditions, including the payment
schedule established by the court.
(9)
Suspend the imposition or execution of a fine, costs and/or other
assessment or a other sentence or any portion thereof.
(10)
Dismiss a matter for cause, with or without prejudice.
(11)
Failure to comply with an order of the court made pursuant to
this section shall be punishable as criminal contempt in accordance
with the Code of the Town.
C.
Notwithstanding any provision in this section to the contrary, probation
or a suspended sentence shall not be substituted for imprisonment
where a statute specifically indicates that a prison sentence is mandatory
or may not be suspended.
D.
When imposing probation or probation before judgment, at a level
higher than Level I, the court may direct that the offender be subject
to the supervision of the Department of Corrections or a department
or division of the Town of Dewey Beach, and the court order shall
specify those conditions under which the offender may remain at liberty
on probation or as a condition of probation before judgment or in
community service.
E.
In committing an offender to custody or incarceration to the Department
of Corrections, the court shall fix the term, to the day and time
of confinement, except that the court may authorize the Department
of Corrections to consider a diminution of the period of confinement
and subsequent earlier release, at the discretion of the Department
of Corrections and its established guidelines for early release.
F.
Where modification of judgment is not provided by rule of court,
the court may modify a judgment within 90 days after it is ordered.
Dispositions other than commitment to the Department of Corrections,
and such commitments which are revoked, shall not entail the loss
by the offender of any civil rights, except as provided in the State
Constitution.
G.
The court may direct that a person awaiting sentencing be placed
on probation and/or released on his entering a recognizance with or
without surety, during such period as the court directs, to appear
and receive sentence when called upon, and, in the meantime, be ordered
to keep the peace and be of good behavior.
H.
The court may, in its discretion, direct that an offender pay the
costs of the prosecution or some portion thereof, and may further
impose terms and conditions to be complied with by the offender, during
any period which the court deems proper.
I.
At any time within the period of probation, probation before judgment
or release on recognizance, the court may, upon being satisfied by
information on oath that the offender has failed to observe any of
the set conditions ordered by the court or any of the terms or conditions
of his probation, probation before judgment or community service,
issue an order for the apprehension and delivery forthwith of the
offender thereupon, after a proper hearing, impose sentence upon the
defendant for the original charge and as a criminal contempt of court
if so convicted of the violation.
J.
The court may direct as a condition to any sentence of imprisonment
that the Department of Corrections shall not permit an offender to
be furloughed or be allowed to participate in work release or supervised
custody outside the prison institution or facilities.
K.
The court, as a condition of sentencing, to pay a fine, costs or
restitution, to be given extended time to pay a fine, costs or restitution,
to satisfy conditions of probation or community service or for securing
bail, may take and hold, as security, the motor vehicle operator's
license so issued to a defendant. The offender so imposed shall be
given a receipt indicating the confiscation, and his privileges to
operate a motor vehicle shall be considered suspended during the time
of holding the license.
(a)
The sentence for a Class A misdemeanor may include up to one year's
incarceration at up to a Level V and/or such fine no lower than $100
up to $2,300, in addition to any restitution or other conditions as
the court deems appropriate.
(b)
The sentence for a Class B misdemeanor may include up to six months'
incarceration at up to a Level V and/or such fine no lower than $50
up to $1,150, in addition to any restitution or other conditions as
the court deems appropriate.
(c)
Unless otherwise provided for by an increase or limitation, in a
specific section of the Municipal Code of the Town of Dewey Beach,
for any offense denoted a violation, the Alderman Court may impose
a fine of up to $500 for the first offense, up to $800 for the second
offense and up to $1,200 for the third offense; provided, however,
those subsequent violations for the same offense shall have occurred
within one year of the violation for which sentence is imposed, to
be considered in determining the greater sentence.
(a)
Subject to the limitations set forth, for a violation of any ordinance
of the Code of the Town of Dewey Beach, the Alderman Court exercising
civil or criminal jurisdiction, after accepting a guilty plea or nolo
contendere plea, may stay the entry of judgment, defer further proceedings
and place the defendant on probation before judgment subject to such
reasonable terms and conditions as may be appropriate. The terms and
conditions of any probation before judgment shall include the following
requirements:
(1)
The defendant shall provide the court with a current address; 2)
The defendant shall promptly provide the court with written notice
of any change of address; and 3) The defendant shall, if summoned,
appear at a hearing convened for the purpose of determining whether
the defendant has violated or fulfilled the terms and conditions of
probation before judgment. The terms and conditions may also include
any or all of the following:
(1)
Ordering the defendant to pay a pecuniary penalty;
(2)
Ordering the defendant to pay court costs to the Town;
(3)
Ordering the defendant to pay restitution;
(4)
Ordering the defendant to perform community service;
(5)
Ordering the defendant to refrain from contact with certain
persons or places;
(6)
Ordering the defendant to conduct himself in a specified manner.
(a)
The length of the period of probation before judgment shall be fixed
by the court, but in no event shall the total period of probation
before judgment exceed the maximum term of commitment provided by
law for the offenses or one year, whichever is greater.
(b)
This provisions of this section shall be available at arraignment,
prior to or at trial, but only the discretion of the Alderman or Assistant
Alderman after trial.
(c)
This section shall not be available to any person who has previously
been admitted to probation before judgment for any offense, within
the Town, within three years of the current offense.
(d)
Upon any violation of a term or condition of the court order of probation
before judgment, the court may enter judgment and proceed with disposition
of the person as if the person had not been placed on probation before
judgment.
(e)
Upon fulfillment of the terms and conditions of probation before
judgment, the court shall enter an order discharging the person from
probation. The burden shall be upon the defendant to demonstrate that
the terms and conditions of probation have been fulfilled. The discharge
is the final disposition of the matter. Discharge of a person under
this section shall be without judgment of conviction and is not a
conviction for purposes of any disqualification or disability imposed
by law because of conviction of a crime.
