Another extra step in DUI cases is to do the ARD Admission Colloquy. And give it to the DA.
What is the Colloquy?
A form with a chant of questions and answers about the program and the rights you are giving up.
For the most part, the form asks a series of questions, and you are expected to answer each one, “Yes” or “No.”
The Colloquy also refers to the “terms and conditions” of ARD but does not anywhere say what they are or where you can find them. We hope that changes at some point.
Supposedly, the purpose of the Colloquy is to ensure that you know what you are doing in seeking admission to ARD.
A bit tedious, isn’t it?
The Colloquy is well-intended, but tedious and not something an average person can understand.
Who says you have to do the Colloquy?
The DA and the Court. The DA worked in conjunction with the Court to create the ARD application and related forms. And the application itself makes the Colloquy a specific eligibility requirement for admission to the program.
The legislature doesn’t make the colloquy in question or any written colloquy necessary. But it does require an inquiry on the record of some sort to cover the same bases.
Why have a written colloquy?
The Colloquy saves time, having the required inquiry in writing. It helps to make the process easier for the Court and maybe the DA. But how about defense lawyers? Hmm. Is the Colloquy better for you? Hmm.
What happens if you don’t do the Colloquy?
You don’t get ARD. You have to submit the Colloquy if you want ARD.
An exception being made for you is highly unlikely. If it does happen, we believe the Court will still cover the same bases through an oral colloquy.
How to submit a Colloquy?
Get one first
You can’t submit a Colloquy if you don’t have one.
You can find one in the ARD packet for DUI cases that was discussed earlier, in Step 4.
Then go over it
After you have one, you need to go over it, filling in all of the blanks.
If you have a lawyer, s/he has to go over it with you, making sure you understand everything.
What if you don’t have a lawyer?
If you don’t have a lawyer, who goes over it with you? Hmm.
To SRL clients
Yes, we will go over the form with you.
To self helpers
If you don’t understand the form, you should say something, to somebody, the DA or the Judge. We’d like to think one of them will go over it with you.
And sign it
You have to sign the Colloquy. And so does your lawyer, if you have one.
You can both be hit over the head with your signatures:
You, if you later say you did not understand what you were signing; and
Your lawyer, if s/he says s/he believes you did not understand or that s/he did not review the Colloquy or terms and conditions with you.
Do they have to sign?
If someone other than your lawyer goes over the Colloquy and terms and conditions with you, does s/he have to sign? If not, why not? Hmm.
To self helpers
If you don’t understand the Colloquy, and no will go over it with you, what then? Hmm. You are in a pickle because the Colloquy, which calls for a signature, is an eligibility requirement. If that happens, consider asking to speak with the Judge before. Get your pickle on the record before making a decision on whether to sign.
Then give it to the DA
After you have signed the Colloquy, give it to the DA.
The DA is the one who will call your case and give this and other paperwork to the Judge.
In Court or before Court?
Consider submitting the Colloquy to the DA along with the Application and other related forms, before Court. Technically, you don’t have to. The Colloquy, by its terms, assumes that your Application has already been approved. But you may as well. It is less complicated that way, and in our experience, no one will complain.
Comments
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Resources
75 Pa.C.S.A. § 3807(a.1)(Conditions of acceptance)
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