ARD IN DELAWARE COUNTY (PART II OF III)

ARD IN DELAWARE COUNTY (PART II OF III)

How ARD works in Delaware County DUI cases PART 2 of 3: Applying for ARD in Delco – by Michael A. Burns, Esq. (Burns Law LLC) for www.delcoduiblog.com 

In Delaware County applying for ARD is a different process than Philadelphia, Montgomery, Bucks and Chester Counties.  In Delco, the prosecutor will make every effort to have your ARD intent disclosed at the preliminary hearing and persuade you to waive your right to the hearing.  Often, this is an acceptable measure, but not in every instance. 

If you agree to apply for ARD, you proceed into what is called “a non-trial disposition”.  This means that you are attempting to “dispose” of your case without proceeding to trial.  At the preliminary hearing, an experienced DUI attorney will have you complete an application for DUI and sign a waiver of arraignment form.  The application asks general information questions and specific criminal record questions to preliminarily determine whether you are eligible for the program. 

Your attorney will then submit your completed questionnaire and waiver of arraignment form along with a Rule 600 waiver form into the court administrator’s office in Media for review.  To be considered for ARD in Delaware County, all defendants must agree to give up their Pennsylvania rights to a speedy trial under Rule 600 and accept a delay in their pre-trial conference date, which is moved from sixty (60) days after the preliminary hearing to one hundred eighty (180) days. 

If you were arrested for a DUI in Delaware County, and wish to speak with a local Delaware County DUI Lawyer, contact Burns Law LLC by email at legal@burnslaw.org or by phone at 610.586.1828 for a free consultation.  A DUI lawyer can review your case to see if you are eligible for ARD and help guide you through the process of your case.

– Michael A. Burns, Esq. is a partner at Burns Law LLC and a regular author and contributor to delcoduiblog.com

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