Found an issue on this page? Let us know and we will look into it as soon as possible.
What should I expect at an arraignment for DUI after I have applied for ARD in Bucks County, PA
Anonymous14 views3 answers
So I went to the local court, waived my preliminary hearing, and filled out my application for ARD in Bucks County, PA.
I have not hired a lawyer so I am a little confused on the process. My arraignment is scheduled for the 27th of January. Will I hear before this if I am accepted into the ARD program? and will my arraignment become the ARD hearing?
If not, what will happen at this arraignment?
After the preliminary hearing, the charges are reviewed by the District Attorney's Office and formalized on a charging document called a criminal information. The next step is the formal arraignment. At that time, you should be given a copy of the criminal information with a description of the criminal charges you will face at trial. You should also be advised of your legal rights. You should be told that you have the right to a lawyer, you have the right to conduct discovery, you have the right to a trial, you have the right to file pre-trial motions and a bill of particulars. Once the arraignment is done, you will be done until the next stage of your case. I don't practice in Bucks County very often, so I'm not familiar with the local practice. You may or may not know the outcome of your ARD application by that time. Many judges don't like to take guilty pleas or ARDs on the same day of the arraignment. However, Bucks County may do it if that is the local practice and custom. I would suggest that you get a public defender if you cannot afford an attorney. Good luck.
If you filled out an ARD application you were probably also instructed to fill out a waiver of arraignment form. If that is the case you will not be required to attend your arraignment. I would also suggest you obtain legal counsel, whether it be the public defender or private counsel.
John M. Walsh, Esquire
2101 Pine St
Philadelphia, PA 19103
215-758-9200
As a former Bucks County Senior Deputy DA I can tell you exactly what will happen. First, you must attend the arraignment if you do not have a lawyer.. If you do retain an attorney (which you should) then the attorney can waive the arraignment so you do not have to attend. After arraignment, the DA will review the case for ARD placement. If you are "conditionally approved" then you will receive a " Noitce of ARD Court.". This does not mean that you are definitely approved, jus that things look good. Once the DA approves ARD you will receive a bill in the mail which, under most situations, MUST be paid before e ARD hearing. If ARD is denied, then you will receive a trial notice.
You should speak with an experienced local lawyer to determine if you are even eligible for ARD. There are certain situations where it is impossible to get ARD and local counsel will be much more familiar with the program than you.
If you are approved for ARD the hearing is typically 60 days after arraignment. If you do not pay the costs prior ( average is 1,000 or more) then you may be able to postpone for another 60 days..if you still can't pat then the case will be listed for a trial or guilty plea.
Good luck
Ellis B. Klein Esquire
Young, Klein & Associates
215-639-5297
Www.ykacrim.com
Offices in Bensalem, quakertown