The first step is to get charged (i.e., with a crime). By the police (normally).
What does it mean?
Getting charged means that a criminal complaint has been filed against you.
The complaint lists the charges (i.e., the offenses you allegedly committed) and a summary of the facts supporting the charges.
How to do it?
You don’t. The police normally do. Sometimes, in some types of cases, it is another person or organization. They charge you.
What you do is wait for the complaint with the charges.
The complaint will come in the mail or from a judge.
By mail.
In most ARD-eligible cases (e.g., first-offense DUI cases), you will get the complaint by mail.
What if you are arrested without a warrant?
Again, in most ARD-eligible cases, you will be let go by the police and still get the charges by mail, the same as if you were not arrested in the first place.
Do you have to wait for the mail?
Once the complaint is filed, they should show up online, before the mail goes out. You can find them by doing a case search. How long do the have to file charges? It depends on the charge. The statute of limitations for most ARD-eligible cases is two years.
To SRL clients
We may find out about the charges before you do. If so, we will let you know. If you find out first, please, let us know. Then we will let the judge know we represent you. We will also look at the charges to see if there are any surprises.
Or from a judge.
In some warrantless arrest cases, or when you are arrested with a warrant, the police will take you before a judge for a preliminary arraignment (which may be done by video while you are at the prison).
When that happens, the judge (or the prison) will give you the charges.
If you are getting the charges from a judge and not through the mail, that is not a good sign.
Most ARD-eligible cases do not proceed this way. Instead, you get a summons in the mail, with the complaint and a fingerprint order, which is discussed in the next step.
To SRL clients
If we think a preliminary arraignment is likely, we will reach out to the police, to avoid an arrest. We will ask for you to have an opportunity to turn yourself in.
To self helpers
If the police haven’t told you about the next step, or you are not sure what happens next, consider asking the police yourself. The last thing you want is to be arrested when you could have avoided it.
Who says you have to do it?
Nobody. No one actually says you have to get charged, but it is implied or assumed.
No charges, no ARD. It is a matter of jurisdiction as well as logic and common sense.
Are you expecting charges?
You probably would not be reading this unless you were already charged or thought charges were coming. So for now, it’s time to act—or a waiting game.
What if you don’t?
If you don’t get charged, you don’t get ARD. You have to be charged first.
Will they make an exception in your case? No. You can be sure of it.
Time to celebrate?
If you don’t get charged, time to celebrate or at least feel a good measure of relief.
To SRL clients
If you don’t get charged, we normally give a full or partial refund. It depends on how things play out and the extent of our involvement.
Comments
Reserved.
Resources
Rule 502 of the Pennsylvania Rules of Criminal Procedure (“Instituting Proceedings in Court Cases”).
Rule 504 of the Pennsylvania Rules of Criminal Procedure (“Contents of Complaint”).
Rule 511 of the Pennsylvania Rules of Criminal Procedure (“Service of Summons; Proof of Service”).
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.