How to resolve a warrant in Delaware

The path to resolving a warrant in Delaware

You do not have to wait to be caught off guard. This is the ordered, on-your-own-terms way to handle it — each step points to an official source.

Step 1

Confirm the warrant with the issuing Delaware court

Most capias (bench warrants for failure to appear or pay) issue from the Justice of the Peace Court; others from the Court of Common Pleas or Superior Court. Contact the court for the county involved to get the case number, the reason, and any bond. Confirm the record is actually yours.
Official source
Step 2

Ask the court how to be heard or surrender

Ask the clerk or court staff whether the matter can be addressed by appearing on a scheduled date or by surrendering, and whether bail or bond applies. Follow the specific instructions that court gives you.
Official source
Step 3

Ask whether a capias can be lifted or the case reopened

In some situations a court can recall a capias or reopen a case on request or motion, for example after a missed date is addressed. The court can tell you the procedure to request a hearing. This is a procedural option, not a prediction of any outcome.
Official source
Step 4

Act during court business hours

Handling the warrant during normal business hours lets the court process the case and lets a judicial officer address bond promptly rather than holding you longer.
Official source

Turning yourself in on your own terms in Delaware

Addressing a capias or arrest warrant on your own terms (by appearing at the issuing court or surrendering during business hours) lets you plan the timing, arrange transportation, and have funds ready, instead of being taken into custody unexpectedly during any police contact. This is a logistical point about timing and preparation only.

What to bring

A government-issued photo ID
Any paperwork you have (citation, notice, case number, or capias/warrant number)
Funds or a payment method for any bond the court sets, or, if a surety bond is set, arrangements with a licensed Delaware bail bond agent

What to expect

Expect to be processed/booked and brought before a judicial officer (often at the Justice of the Peace Court) who sets or reviews bail and conditions of release.

Depending on what is set, an unsecured bond, cash, or a surety bond through a licensed agent may be options.

In Delaware, the matter being addressed is generally a capias.

How bail and release work in Delaware

Commercial bail available

In Delaware, commercial bail exists. If a judge sets money bail, it can be posted in cash with the court or through a licensed bail agent for a fee — and a judge may also release you on your own recognizance or on conditions.

Delaware allows commercial surety bail.

Under Delaware Code Title 11, Chapter 21, a person can be released on a 'conditions of release bond guaranteed by financial terms,' which the statute says may be guaranteed by a surety, property, cash, or other assets (11 Del.

C.

Sec. 2102), so a bond posted by a surety or bail bond agent is recognized.

Delaware also uses unsecured bonds (release on written conditions with no money up front) and cash-secured bonds.

Bail is typically set first by the Justice of the Peace Court; the Court of Common Pleas or Superior Court handle other cases.

Note: Delaware has enacted bail changes scheduled to take effect February 1, 2027 that add presumptions favoring cash-only secured bonds for certain serious offenses; as of 2026, commercial surety bail bonds remain available.

Where a surety bail bond is used, the bail bond agent charges a non-refundable premium (a fee for posting the bond, in practice commonly around 10% of the bond amount). Bail bond agents in Delaware are licensed through the Delaware Department of Insurance.

Your rights. You have the right to talk to a lawyer about your situation, and if you cannot afford one, you can ask the court about a public defender.

A few cautions before you go

Confirm the warrant with the issuing court before you act, and verify the record is actually yours.
Do not ignore it; a capias or arrest warrant stays active until cleared, can lead to arrest at any contact, and failure to appear can add charges and cause a driver's-license suspension on court or traffic matters.
Be aware Delaware's bail rules change effective February 1, 2027; confirm current procedure with the court.
Use only a licensed Delaware bail bond agent if you post a surety bond.

Contact the issuing court or county sheriff in Delaware

A warrant is issued by a court and served by the county sheriff — they are who can confirm it and tell you the exact way to resolve it. Start with these official Delaware sources.

Not sure you actually have a warrant?

Before you act, confirm whether one exists. warrant.guru walks through exactly how to check in Delaware.

Check for a warrant in Delaware Looking for someone in jail or prison? Find them

Common questions about resolving a warrant in Delaware

How do I resolve a warrant in Delaware?

Confirm the warrant with the court that issued it or the county sheriff, then work through these steps: Confirm the warrant with the issuing Delaware court; Ask the court how to be heard or surrender; Ask whether a capias can be lifted or the case reopened; Act during court business hours.

How do I turn myself in in Delaware?

Addressing a capias or arrest warrant on your own terms (by appearing at the issuing court or surrendering during business hours) lets you plan the timing, arrange transportation, and have funds ready, instead of being taken into custody unexpectedly during any police contact. This is a logistical point about timing and preparation only.

Does Delaware have commercial bail bondsmen?

Yes. Commercial bail exists in Delaware: licensed bail agents operate here, and if a judge sets money bail it can be posted in cash with the court or through a licensed bail agent for a fee. A judge may also grant own-recognizance or conditional release.

What should I bring if I turn myself in in Delaware?

A government-issued photo ID; Any paperwork you have (citation, notice, case number, or capias/warrant number); Funds or a payment method for any bond the court sets, or, if a surety bond is set, arrangements with a licensed Delaware bail bond agent.

Sources & last verified

Everything here links out to official government or public-reference sources. We don't store or republish records.

Last verified 2026-07-23 · 6 sources

How do I resolve a warrant and turn myself in in Delaware?