The sixth step is to get admitted to ARD. By the Court.
As discussed in Step 5, you will not be accepted to ARD (at arraignment or any other time) unless the DA gives his thumbs up and the Court does the same.
This step is about the Court and its role in admitting you to ARD.
How do you get admitted?
How to get admitted to ARD?
Appear in court
You have to show up in court on the day the DA is ready to move for your admission to ARD.
Hopefully, you get advance notice. You are supposed to!
As discussed in Step 5, it could be on the day of arraignment. Could be on plea day.
Which courtroom?
Go to the fourth floor of the courthouse. There will be a tipstaff there. S/he will tell you what courtroom your case is in.
To SRL clients
Please go straight to the courtroom, if they let you. We will meet you in there.
We normally will have all of your paperwork processed, including the waiver of arraignment and ARD forms. So all you need to do is show up (unless, e.g., the DA needs an original signature on your ARD application).
Wait to be called
Wait for your case to be called. The DA will call you out by name.
Then you walk up and stand in front of the judge. There may or may not be other defendants there. They will often call multiple cases at a time, and people will form a line.
To SRL clients
Your attorney from our office will go up there with you. She will be in the courtroom with you at the time your case is called.
The DA will make a motion
The DA will move for you admission to ARD.
The court will do its thing
Explain the program
The Judge will explain the program. S/he will make sure you understand what ARD is all about and also go over some rights you will be giving up if you go into the program.
Cover the other bases
After you say you understand the program, agree to the terms, and want in, the Judge will cover the other bases.
Ask the DA for the facts
The Judge will ask the DA to present “the facts.” The Judge is also supposed to give you or your attorney and the alleged victim an opportunity for comment. This happens off the record but during what is a public proceeding.
Ask if you agree to the conditions
If the Judge believes that your case is a good fit for ARD, s/he is supposed to state the conditions of the program. But the Judge won’t, based on our experience. What s/he will do is ask if you understand and accept the conditions and agree to comply with them.
To SRL clients
We will have you review a copy of the conditions of the program before you go to court. So you will know what the Judge is talking about (when some if not many or most people do not have a clue). You are a SRL nerd!
To self helpers
If you do not understand, speak up! There is nothing wrong with you asking for an opportunity to review the conditions of the program before you say “Yes” to them.
You will do your thing
You will say, “Yes” or “No.”
If you say, “Yes,” the Judge will grant the DA’s motion and admit you into ARD. Oh yeah!
If you say, “No,” the Judge will deny the DA’s motion. Your case will then proceed as if the talk about ARD had not taken place.
Nothing new
This is not the first time you were asked about the conditions. They were on or referred to in the ARD application. When you signed the form, you basically said, “Yes,” you understood and agreed to the conditions.
To SRL clients
You have every right to say, “No.” But if you do, you will not get ARD. If you are well prepared—and you will be if you hire us—now is the time to smile and nod (i.e., say “Yes'“).
You’re in! Now what?
If you are admitted, now what?
Probation
The Judge will direct you to check in with a probation officer, who will be in the courtroom.
The P.O. will give you a packet of papers and direct you to go to the probation office.
When you get there, you will have to complete more paperwork and probably schedule a meeting with your P.O. before sending you on your way.
Now you some probation to do, the length of which may vary.
Dismissal
After you are done, the charges will be dismissed!
Expungement
You will also have the opportunity for expungement.
Dismissal vs. expungement
Dismissal is pretty much automatic after you complete the program. Not so for expungement. You need to initiate that.
Comments
Reserved.
Resources
Rule 312 of the Pennsylvania Rules of Criminal Procedure (Hearing, Explanation of Program)
Rule 313 of the Pennsylvania Rules of Criminal Procedure (Hearing, Manner of Proceeding)
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.