In Media, Delaware County, Pennsylvania the ARD program is offered to certain first time DUI offenders that opt to be accepted into the program. The major benefit of ARD is that you or your attorney will be entitled to file an expungement petition once you complete all of the requirements of the program. This will result in your criminal record being expunged and destroyed if the court so orders. Click on the following link Delaware County ARD program to read my prior blog for more information on the benefits of the ARD program.
Moving forward, this blog will take you through the ARD process in Delaware County, PA from start to finish.
1. Post-Arrest: Preliminary Hearing Paperwork will be Mailed to you by the District Court – after you are arrested and charged with a first offense DUI in Delaware County, Pennsylvania, paperwork will be sent to your house from the District Court that retains jurisdiction over you. After you are arrested, the Magisterial District Court will send you two letters: one certified and one by regular first class mail. Both of the letters are duplicates and contain the same information. Enclosed in your letters will be three items. The first is called a “Police Criminal Complaint.” This document contains the caption of the case, identifies you as the defendant and designates which crimes you are being charged with along with other information. The second item is called the “Affidavit of Probable Cause.” The Affidavit of Probable Cause is a brief recitation of the facts which occurred in your case as written by the police officer. The third item in your letters will be a scheduling notice. The scheduling notice will let you know the time and place of your preliminary hearing. The preliminary hearing will be heard before a Magisterial District Judge. The court may also mail you a fingerprint order, ordering you to report to the police department where you were arrested to be fingerprinted, if you were not fingerprinted on the night of the offense.
Please be patient. If you have been arrested for a DUI, these items may take a few weeks to get out to you. I have even seen it take months for clients to get their paperwork. However, if you have been arrested for a DUI in Delaware County, Pennsylvania, rest assured, you will receive these items in the mail. After you have been arrested I recommend that you hire an attorney at your earliest convenience to avoid any complications with the case. Jason R. Antoine, Esquire, Pennsylvania ARD DUI lawyer can be reached for free DUI advice at (610) 299-0295. Continue reading