Skip to Main Content. Loading Close. Do Not Show Again Close. Sign In. Immediately preceding text appears at serial pages to When a defendant is accepted into the program of accelerated rehabilitative disposition before the filing of an information, the judge shall order that no information shall be filed with the court on the charges contained in the transcript during the term of the program.
Official Note Rule adopted May 24, , effective immediately; amended February 15, , effective immediately; amended June 19, , effective July 1, ; renumbered Rule March 1, , effective April 1, When a defendant is accepted into the program of accelerated rehabilitative disposition after the filing of an information, the judge shall order that further proceedings on the charges shall be postponed during the term of the program.
Conditions of the Program. A The conditions of the program may be such as may be imposed with respect to probation after conviction of a crime, including restitution, except that a fine may not be imposed. In addition, the conditions of the program may include the imposition of costs, the imposition of a reasonable charge relating to the expense of administering the program, and such other conditions as may be agreed to by the parties.
B The period of such program for any defendant shall not exceed two years. Paragraph A makes it clear that reasonable charges for the expense of administering the program may be imposed on defendants. It is intended that these charges may be imposed on those admitted into the program and that no separate fees be required for application for admission into the program. The practice has been to permit qualified individuals who are indigent to participate in the ARD program without payment of costs or charges.
The amendment is not intended to change this practice; rather, it is intended that such practice will continue. Concerning restitution, see 42 Pa. A defendant may be required to accept conditions of the program as provided by statute. Official Note Rule approved May 24, , effective immediately; amended January 28, , effective February 1, ; Comment revised April 10, , effective July 1, ; Comment revised September 26, , effective immediately; renumbered Rule and amended March 1, , effective April 1, ; Comment revised September 21, , effective November 1, The provisions of this Rule amended September 21, , effective November 21, , 42 Pa.
Immediately preceding text appears at serial pages and If a defendant refuses to accept the conditions required by the judge, the judge shall deny the motion for accelerated rehabilitative disposition. In such event, the case shall proceed in the same manner as if these proceedings had not taken place. Official Note Rule approved May 24, , effective immediately; renumbered Rule March 1, , effective April 1, Procedure on Charge of Violation of Conditions.
B A motion alleging such violation filed pursuant to paragraph A must be filed during the period of the program or, if filed thereafter, must be filed within a reasonable time after the alleged violation was committed.
C When the defendant is brought before the court, the judge shall afford the defendant an opportunity to be heard. If the judge finds that the defendant has committed a violation of a condition of the program, the judge may order, when appropriate, that the program be terminated, and that the attorney for the Commonwealth shall proceed on the charges as provided by law.
See Rules A 2 c and I and Comments for the time within which to commence trial following a termination order. Official Note Rule approved May 24, , effective immediately; amended September 3, , effective January 1, ; renumbered Rule and amended March 1, , effective April 1, ; Comment revised October 1, , effective July 1, When the defendant shall have completed satisfactorily the program prescribed and complied with its conditions, the defendant may move the court for an order dismissing the charges.
If there are no objections filed within the day period, the judge shall thereafter dismiss the charges against the defendant. If there are objections filed with regard to the dismissal of charges, the judge shall proceed as set forth in Rule In , Pennsylvania became the last state to legalize semi-automatic rifles — including ARs — for hunting.
The responses showed there was support for using semi-automatic guns for furbearers and groundhogs, but not for big game. This is a lengthy process that can take up to six months to complete.
Q: Am I required to pay off all outstanding case balances on previous common plea cases before entering ARD? ARD is considered a diversionary or first time offender program, designed to divert first time offenders from entering the criminal justice system.
When an offender is accepted into the ARD program, the Commonwealth suspends the charges against the offender, but requires that certain court-ordered conditions are followed. You must file a petition requesting that it occur. If your first arrest is for Driving Under the Influence the above is the same. However, you will lost your license for anywhere from 30 — 60 days unlike a conviction which causes a loss of license for a year.
Also, if there was a minor under the age of 14 in the car at the time you will not be admitted to ARD even if it is your first arrest. Further, if you are found driving while your license is suspended you will go to jail for days and a year will be added to the suspension.
The information presented is not legal advice, and your use of it does not create an attorney-client relationship. No recipient should act on the basis of any content included in the site without seeking the appropriate legal advice from counsel. Lawrence R. Dworkin, Esq. Because every case is different, any prior results described on this web site do not guarantee or suggest a similar outcome.
Media: 41 E. Office Location Media: 41 E.
0コメント