The fifth step is to get approved for ARD. By the DA.
What does it mean?
It means the DA has given his thumbs up. He thinks you are a good (enough) fit for the program to make a motion for your admission to ARD (i.e., ask the Court for you to be admitted to the program).
How to do it?
You may have to wait. Until arraignment or plea day. But hopefully you find out beforehand.
Wait
You wait. The DA is supposed to give you advance notice of his decision, but don’t count on it.
If you don’t hear anything, follow up.
If that doesn’t work, cross your fingers and hope the DA did not forget about you or your application.
To SRL clients
You do not need to take any action. We will follow up for you, before arraignment.
To self helpers
If you want to try and follow up on your own, the DA’s number is (717) 337-9840. The email address is DAinfo@adamscountypa.gov.
Until arraignment
You may or may not not know where you stand until the date of arraignment, in court.
In most cases that is when, or the point by when, the DA will let you know if you if you application has been approved.
If the DA has not made a decision by the date of arraignment, it could be for any number of reasons (e.g., waiting on out-of-state driving record, checking with the alleged victim).
To SRL clients
If we find out before arraignment that the DA needs more time to make a decision, we can file a waiver of appearance at arraignment so that you don’t have to appear in court.
To self helpers
If you find out before arraignment that the DA needs more time to make a decision, you still must go to arraignment. You can’t waive your appearance unless you have an attorney.
Or plea day
In any case, the DA will almost always make a decision by the court date following arraignment: plea day.
If the decision was not made by arraignment, it is normally shared with you during the non-trial disposition conference. The conference is the event just before plea day.
If the DA does approve your application, at plea day, or whenever that might be, hold tight. It is almost over.
To SRL clients
No, you do not have to go to the conference. You have us. We will deal with it for you, typically by email.
To self helpers
Yes, you do have to go to the conference.
Who says you have to?
As we explained in the last step, it’s up to the DA, the application and the procedure for it. If he says it has to be approved—and he does, in so many words—it is what is it is. Go with it.
What if you don’t?
If you don’t get approved, you don’t get ARD. You have to be approved first.
Will they make an exception in your case? No. You can be sure of it.
Comments
Reserved.
Resources
Rule 311 of the Pennsylvania Rules of Criminal Procedure
Rule 571 of the Pennsylvania Rules of Criminal Procedure
Rule 571 of the Adams County Rules of Criminal Procedure
Rule 571.1 of the Adams County Rules of Criminal Procedure
Services available
Steve Rice Law self-help services (for help with this article only).
Steve Rice Law standard services (for representation).
For a quote, text or call (717) 339-0011. Or email info@stevericelaw.com.