DUI in Media Delaware County

What Happens at the DUI Preliminary Hearing in Delaware County?

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If you were arrested for a DUI in Delaware County, PA, but were released the same night without seeing a judge, you may be wondering what happens next. After your release, you will be notified of the formal charges by a summons. The summons will be mailed to you from the magisterial district court in the jurisdiction where the arrest occurred.

Two summons will be mailed to your home – one first class mail and the second will be mailed certified mail. Both sets of documents are the same although one will require you (or someone in the household) to sign for the document.

After a DUI arrest in Delaware County, PA, the summons will arrive in approximately 1-2 weeks after an arrest. It might take longer than two weeks in some cases depending on which agency made the arrest. Included in the summons will be a preliminary hearing date and copy of the criminal complaint that outlines the charges and allegations against you.

If you were not processed, i.e. fingerprinted, the night you were arrested there will also be an Order from the court directing you to be processed by the arresting police department. This means that you will have to make arraignments to go to the police department to be fingerprinted ahead of your preliminary hearing.

The actual date of the hearing can depend on several factors, including:

  1. The judges’s schedule;
  2. The officer’s schedule; and
  3. Whether you submit to a blood or breath test, or refused chemical testing.

The Scheduling of Preliminary Hearing in Different Types of DUI Cases

DUI cases with a blood test reading will be scheduled out about 6 weeks after the arrest since the lab report will not be available for at least four weeks. Breath test results are known immediately, so drunk driving cases involving a breathalyzer reading are scheduled much sooner. Since there is no BAC report in refusal cases, the court also schedules those types of DUI cases within a couple of weeks.

Generally, preliminary hearings are listed in morning. Before arriving at the preliminary hearing, you and your attorney should already have discussed your options and intention ahead of time. In some circumstances it may be advisable to waive the preliminary hearing. For instance, to apply for ARD in Delaware County, PA, you must waive the hearing as a condition to apply for the program.

In other cases, it may be advisable to have the hearing. At a prelim, it is the prosecutor’s burden to call witnesses and to present evidence. Since the preliminary hearing is not a trial, not all the rules of evidence apply. For instance, certain types of hearsay are admissible. And credibility of witnesses is not relevant, so the judge must accept the testimony of witnesses against you as true. For this reason, it is generally not advisable to call clients as a witness in their own case since the judge will not consider it if only offered to contradict the Commonwealth’s witnesses.

At the end of the hearing, the magistrate judge must make a determination of whether the Commonwealth has presented what is known as a “primia facia case.” A prima facia case means that there is “some evidence” of a crime and that you are connected to it.

At this stage, the prosecutor doesn’t have to prove the case beyond a reasonable doubt. If the judge determines that the prosecutor has met its burden, the judge will hold the charge over for trial at the Court of Common Pleas in Delaware County, PA. All subsequent court appearance will also be held at the Delaware County Court of Common Pleas at the courthouse at 201 W Front St # 123 in Media, PA.

The last matter that will be address by the judge is bail. The purpose of bail is to secure your appearance for trial and to provide for the protection of the community. A judge may release you on recognizance (ROR Bail), unsecured bail, or require some form of security or cash bail. Generally speaking, if you are facing a first offense for driving under the influence (DUI), you will not be required post any money unless there is some aggravating circumstances involved in your case.

Additional Resources

List of the Magisterial District Courts in Delaware County – Visit the Delaware County Government website to find a list of the Magisterial District Courts in Delaware County which was last updated on December 1, 2015. Also find contact information for the Administrative Office for District Judges is located at 100 West Front Street, Media, Pennsylvania 19063-3504. The phone number or the Administrative Office is 610-565-6990. Note that some municipalities are served by more than one Court.

Conclusion

If you were arrested for a DUI cases in Delaware County, Pennsylvania, then contact an experienced drunk driving defense attorney. With offices conveniently located in Media, PA, in Delaware County, Michael Skinner is experienced in fighting DUI cases throughout Delaware County, Chester County and the surrounding areas in Pennsylvania.

Whether your case involves a breath or blood test reading over the legal limit of .08 or a refusal to submit to chemical test, Attorney Michael Skinner has the experience needed to fight your case. Call today to schedule a free consultation either over the phone or in the office. We can begin your defense today.

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Do I Need an Attorney for ARD after a DUI Arrest in Delaware County, PA?

One of the most common questions a person might ask after a DUI arrest in Chester County or Delaware County, PA, is whether they need to hire a criminal defense attorney to help them enter the ARD program. ARD stands for the Accelerated Rehabilitative Disposition Program used in the courts throughout the Commonwealth of Pennsylvania.

With offices in West Chester and Media, PA, we help clients enter and successfully complete ARD so the DUI record can be expunged. We understand the requirements of the ARD Program in Chester County and the ARD Program in Delaware County, PA. Let us put our experience to work for you. Call for a free consultation.

What is the Accelerated Rehabilitative Disposition program in Pennsylvania?

As previously explained by the Commonwealth Court of Pennsylvania:

The Accelerated Rehabilitative Disposition program is a special pre-trial intervention program for non-violent offenders who have a limited or no prior record. The A.R.D. program takes a “rehabilitative” stance instead of a punitive one. The purpose of A.R.D. is to determine, at an early stage, defendants who will respond to the treatment and education and, therefore, decrease their chance of future incidents of the same nature. A.R.D. is completely voluntary and the defendant must ask to be accepted into the program. Pa. R.Crim. P. 313(A).

Lihota v. Dep’t of Transp., Bureau of Driver Licensing, 811 A.2D 1117, 1118, n. 2 (Pa. Cmwlth.2002).

The Benefits of Hiring an Attorney for the DUI ARD Program

The benefits of hiring an experienced DUI Defense attorney for an ARD case in Pennsylvania include:

Determining Eligibility: The attorneys at Skinner Law Firm are experienced with helping men and women enter and complete the ARD program. When the program is completed, we help our clients expunge the record as quickly as possible. We believe in proving a full service approach.

As a preliminary matter, we can help you determine during our first meeting whether you are eligible for the ARD program in Chester County or Delaware County, PA. Determining eligibility is important for two reasons:

  • First, our clients want to know up front whether they are eligible for ARD so that the record can be expunged. If they are not eligible, then our clients want to know how to mount an aggressive defense to fight to avoid a conviction and the other direct and indirect consequences that come with the conviction (jail, fines, suspension, a criminal record, etc.); and
  • Second, in order to obtain the full benefits of ARD, a client must waive their preliminary hearing. If a client is not eligible for ARD, then waiving the preliminary may be a wasted opportunity to “lock the witness” into a statement and preserve any pretrial issues, including suppression and credibility issues.

Protect Against Over Zealous Police/Prosecutor: Police and prosecutors are experienced in the law and are not looking out for your best interest. Police often over charge and prosecutors sometime fail to disclose exculpatory evidence. An experienced DUI defense attorney in Pennsylvania can help make sure that police and prosecutors play by the rules. An experience attorney will level the playing field by looking out for your best interest.

In some instances, the District Attorney’s Office in Delaware County or Chester County, PA, may deny your ARD application without justification. In those instances, an attorney can file an appeal and get you approved for the program. In other instances, the DA’s office may push extra conditions on you without cause. An attorney can challenge those extra conditions and save you the additional time and money you would have spent completing those unwarranted conditions.

Get Accurate Information/Advice: Relying on information found online can be dangerous because that information is not always reliable or accurate. Since every county administers the ARD program differently, local attorneys know the unwritten rules and customs. Local attorneys understand the judge and the procedures used in that courtroom that can be used to your advantage.

We have represented hundreds of men and women in the ARD program and our experience will guide you safely through the programs. We can help you with unexpected issues that come up. Having the security and peace of mind that you are getting correct and accurate advice cannot be understated. We help our clients deal with issues surrounding:

  • Travel restriction. Once you are on ARD, you will not be freely allowed to travel outside Pennsylvania (let alone outside the country) without court approval.
  • What to expect during the CRN evaluation, what kind of questions will be asked, and how long the evaluation will last.
  • What to expect during the the alcohol highway safety school , i.e. safe driving course.
  • Tips to get the community service hours waived and/or reduced.
  • Best practices when attending the drug and alcohol assessment. We know which treatment facilities have longer wait times and which will likely require treatment. We can help direct clients exactly where to go, how much it will costs, and what to expect so that there are no surprises.
  • Tips to make sure you get your driver’s license back after the ARD suspension and that you get it on time. PennDOT often fails to return the license on time after a suspension.
  • How to avoid paying unnecessary ARD costs.
  • How to get on non-reporting probation and avoid reporting probation.
  • What to expect while on probation.

Avoiding Complication/ARD removal – Pro se individuals who attempt to represent themselves in the courtroom without an attorney will not be treated any different by the court than those with an attorney. That means you will be expected to know all the local and state rules pertaining to the ARD process. Failure to follow any rule or requirement may result in you being denied ARD or being removed from ARD. It is not uncommon to see pro se individuals denied ARD because of some “technical reason.”

Expunging the Record – After successful completion of ARD, you are entitled to petition to expunge the record. However, it is up to you (the accused) to file the paperwork and to make sure it gets done correctly. In Pennsylvania, the DUI record is not automatically expunged. The attorneys at Skinner Law Firm provide this service for our clients.

Attorneys for DUI ARD in Chester and Delaware County, PA

The DUI defense attorneys at the Skinner Law Firm are familiar with the requirements of the Accelerated Rehabilitative Disposition (ARD) Program in Chester County and Delaware County, PA. If eligible, we can get you into the program so that you can complete the requirements as quickly as possible. We also help you expunge the record at the first opportunity so that you can put the case behind you and move on with your life.

Some people, including employers and licensing boards, may mistakenly believe a charge is actually a conviction. Expunging the record is a completely separate legal process. In fact, it is the main benefit of entering the ARD program so it is important to make sure the record is expunged. The attorneys at Skinner Law Firm handle expunging the record as part of the DUI case, so that our clients don’t need to worry about clearing the record on their own.

Call us to discuss the case today.

Also posted in Drunk Driving / DUI, DUI in Delaware County, DUI in West Chester | Tagged , | Comments Off on Do I Need an Attorney for ARD after a DUI Arrest in Delaware County, PA?
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