THE COURTS
CARBON COUNTY
Amendment of Criminal Case Management Plan; 103 MI 00
[34 Pa.B. 2998]
Administrative Order No. 13-2004 And Now, this 28th day of May, 2004, it is hereby Ordered and Decreed that, effective July 1, 2004, Carbon County Amends the Criminal Case Management Plan and Removes this plan from the Local Rules of Criminal Procedure.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Pennsylvania Criminal Procedural Rules Committee.
4. Forward one (1) copy for publication in the Carbon County Law Journal.
5. Forward one (1) copy to the Carbon County Law Library.
6. Keep continuously available for public inspection copies of the Order in the Clerk of Court's Office.
By the Court
RICHARD W. WEBB,
President Judge.
CRIMINAL CASE MANAGEMENT PLAN I. Judicial Commitment to Caseflow Management.
Since May 6, 1992, the Court has assumed the responsibility of ensuring the fair and prompt disposition of all cases, as well as, assure effective and efficient use of Court resources paid for by taxpayers. Our success is attributable to the commitment of this principle by each District Justice, Judge, Court and County staff of the 56th Judicial District.
Goal setting provides the objectives and a benchmark for measuring its success. The Court must meet reasonable time standards for the processing and prompt disposition of standard types of cases in terms of their nature and legal issues. ''Exhibit ''1,'' attached hereto, shows the time standards for criminal cases adopted by the American Bar Association, the National Conference of State Trial Judges, the Conference of State Court Administrators and the Pennsylvania Association of Court Management (PACM). Carbon County's Plan adheres to the time standards adopted by PACM.
II. Effective Communications With the Bar and Police.
The Court coordinates scheduling of cases and makes reasonable accommodations to prosecuting attorneys, defense attorneys, and law enforcement personnel in the management of cases. Operative scheduling allows the District Attorney and Public Defender Offices to provide full coverage efficiently.
III. Early and Continuous Court Supervision of Case Progress.
The Court monitors the progress of cases from the time a summons or complaint is filed to ensure movement of cases to disposition, eliminating unnecessary delay and additional costs of prosecution. Mere agreement of counsel/parties is not sufficient grounds for the Court to grant continuances. When a continuance is granted, the matter is continued to a specified date.
IV. Event-Date Certainty.
Reasonable certainty about event dates avoids aggravation, waste and unnecessary cost to the parties and their attorneys. Moreover, national studies have found that nothing promotes pretrial dispositions more than the expectation that a trial is more likely than not to occur on or near the scheduled date. Events are scheduled at the District Court level with notice given to attorneys/parties of all event dates and times, assuring case flow and expeditious case dispositions.
V. A Functional Case Management Information System.
The fully automated court computer system provides relevant, accurate, and timely case information, supporting an efficient case management plan by tracking and maintaining cases and events.
VI. Time Standards And Case Management Criteria.
Standard types of criminal cases are processed and scheduled in accordance with the time-disposition goals listed below as diagramed on the attached Exhibit ''2'' marked Carbon County Criminal Case Flow Chart.
The following time-disposition goals apply:
1. Preliminary hearing/waiver--98% within 30 days of complaint, if case initiated by arrest; 98% within 50 days of complaint if by summons;
2. Court arraignment--98% within 40 days of preliminary hearing/waiver;
3. Trials--90% within 150 days of complaint; 98% within 180 days;
4. Sentences--90% within 30 days of guilt; 98% within 45 days.
Carbon County is divided into a Northern Division and Southern Division at the District Justice level. District Court 56-3-01 and District Court 56-3-02 comprise the Southern Division and District Court 56-3-03 and District Court 56-3-04 comprise the Northern Division.
All Preliminary Hearings for misdemeanor and felony cases are scheduled in clusters on Wednesdays every week. One District Justice from the Southern Division schedules Preliminary Hearings for 9:00 A.M. and the other District Justice from the Southern Division schedules Preliminary Hearings for 1:15 P.M. The same procedure is followed in the Northern Division.
A. Preliminary Arraignment Before District Justice:
1. If a defendant is brought before the District Justice on an arrest warrant or a summons is issued, he/she will receive, in addition to the other required papers, the following:
(a) Criminal Complaint and Arrest Warrant Affidavit
(b) District Court Notice of Preliminary Hearing (Exhibit 3)
(c) Carbon County Public Defender Guidelines (Exhibit 4)--The District Justice advises the Defendant to read the Guidelines carefully and contact the Public Defender's Office for an appointment if Defendant believes he/she qualifies.
(d) Alternatives to Trial or Guilty Plea if First Time Offender (Exhibit 5), District Attorney Notice of Accelerated Rehabilitative Disposition (ARD) Program (Exhibit 6), Questionnaire to Determine Eligibility for ARD Program (Exhibit 7) and Prior Criminal Record Form (Exhibit 8)--The District Justice advises Defendant, if he/she is a first-time offender of a non violent crime, that Defendant may qualify for the ARD program.
Defendant should review the Alternatives to Trial or Guilty Plea if First Time Offender, and if he/she thinks they qualify, Defendant completes and has notarized the Questionnaire to Determine Eligibility for ARD Program, completes the Prior Criminal Record Form, and brings both to the Preliminary Hearing at the District Justice's Office.
B. Preliminary Hearings Before District Justice:
1. Entry of Appearance:
(a) The attorney representing the defendant at a preliminary hearing signs an Entry of Appearance pursuant to CARB.R.Crim.P.120 and provides it to the District Justice before beginning the preliminary hearing.
(b) The District Justice transmits the Entry of Appearance with the docket transcript to the Clerk of Courts to be filed of record.
2. A member of the District Attorney's Office is assigned to conduct the prosecution of all preliminary hearings and a member of the Public Defender's Office is assigned to represent defendants who qualify for a public defender at the preliminary hearings. The court computer system accommodates the desire to have the same attorney handle the case from preliminary hearing through trial.
3. A significant percentage of cases result in ARD or guilty plea stipulations. In order to accelerate negotiation and avoid needless delays, the following elements occur at the preliminary hearing:
(a) The District Attorney provides the defense attorney with a copy of all police reports, and enlists the assistance of police departments in timely completion of such reports and supplemental reports;
(b) The defendant, as part of the negotiation process, signs a Prior Criminal Record Form (Exhibit 8) listing his/her known prior record, acknowledges that the negotiations are contingent on the accuracy of the information, and acknowledges that an INTENTIONAL misstatement of the record can result in additional charges; and
(c) Where a Guilty Plea or ARD agreement is reached, a written Stipulation for Trial, Guilty Plea or ARD Form (Exhibit 9), and if ARD, an Explanation of Accelerated Rehabilitation Program (ARD) and Waiver of Rights Form (Exhibit 10) are completed.
C. Scheduling at Preliminary Hearing:
1. A criminal case scheduling information form (Exhibit 11) is completed by the District Justice Office after each preliminary hearing/waiver. This form lists the Arraignment date, Pretrial Status Conference date, Last Date to Plea-Plea Day and Jury Selection date. The original of the scheduling form is forwarded by the District Justice with the docket transcript to the Clerk of Court with copies provided to the Defendant and defense counsel.
2. Waiver of Arraignment Form (Exhibit 12) is signed by defendant and defense counsel if defendant is waiving his Common Plea Arraignment at the time of the preliminary hearing.
3. When a DUI ARD has been negotiated, telephonic arrangements are made by a staff member of the District Justice Office to schedule a Court Reporting Network (CRN) evaluation. The defendant is provided with a written Notice of the Procedure for CRN Evaluation Form (Exhibit 13) indicating the scheduled date and time. Defendant acknowledges receipt of the form with his/her signature.
D. Common Pleas Scheduling:
Cases from two District Justices are assigned to each Common Pleas Judge. Caseload is adjusted when necessary to balance the workload and to keep cases in line with this management plan.
E. Arraignment at Common Pleas Level:
1. Local Rule CARB.R.Crim.P. 571 provides that arraignments in non-capital cases, if not waived, are conducted by the District Attorney. Arraignments are scheduled within 40 days from preliminary hearing/waiver and within 10 days of filing the criminal information. Arraignment and Waiver of Arraignment forms listing motion deadline and defendant rights information are executed.
F. Court Rulings on Motions:
1. Each Judge monitors the status of all outstanding motions.
2. Semi Annual Reports--Pursuant to Pennsylvania Rule of Judicial Administration 703(B)(2), each Judge is responsible to report on matters submitted and undisposed for 90 days or more.
G. Pretrial Status Conferences:
1. Pretrial status conferences are held on all cases not stipulated to at the District Court level. The Pretrial Status Conferences are scheduled approximately 2--4 weeks before the scheduled trial date. They are conducted by the District Attorney's Office. All defendants must be present.
H. Sentencings:
1. Most sentences are imposed at time of plea. If sentences are not imposed at the time of plea, cases are scheduled for sentencing approximately 30 days thereafter. Sentences may be imposed by a Judge other than the Judge who took the guilty plea or plea of nolo contendere. See CARB.R.Crim.P. 700.
I. Dismissal and Expungement:
1. At the end of each month, the Adult Probation Office prepares a list of all cases/defendants who have successfully completed the ARD Program during the month. A copy of the list is provided to the District Attorney and District Court Administrator.
2. If the District Attorney objects to the automatic expungement, the District Attorney follows the procedure set forth in Pa.R.Crim.P. 320(b).
3. The District Attorney reviews the list, makes notation on the list of any case(s) in which Objections will be filed, approves the list by initialing it, and forwards it to the District Court Administrator.
4. In all cases where no objections are noted, the District Court Administrator forwards the Order of Dismissal to the appropriate Judge and, after filing same, prepares the Expungement Orders and Letters and expunges the cases from the public access screens of the Court Computer Database System after the thirty (30) day objection period expires.
5. The Court and other offices as prescribed by law maintain a confidential list of completed expungement cases.
Exhibits 1. Comparative Time Standards For Criminal Cases
2. Carbon County Criminal Case Flow Chart
3. District Court Notice of Preliminary Hearing
4. Carbon County Public Defender Guidelines
5. Alternatives To Trial Or Guilty Plea If First Time Offender
6. District Attorney Notice of Accelerated Rehabilitative Disposition (ARD) Program
7. Questionnaire to Determine Eligibility for ARD Program
8. Prior Criminal Record Form
9. Written Stipulation for Trial, Guilty Plea or ARD Form
10. Explanation of Accelerated Rehabilitation Program (ARD) and Waiver of Rights Form
11. Criminal Case Scheduling Information Form
12. Waiver of Arraignment Form
13. Procedure for CRN Evaluation Form
EXHIBIT ''1''
COMPARATIVE TIME STANDARDS FOR CRIMINAL CASES
AMERICAN BAR ASSOCIATION & NATIONAL CONFERENCE OF STATE TRIAL JUDGES STANDARDS CONFERENCE OF STATE COURT ADMINISTRATORS STANDARDS PA ASSOCIATION OF COURT MANAGEMENT AND CARBON COUNTY STANDARDS FROM ARREST FROM ARREST FROM COMPLAINT INCARCERATED FROM COMPLAINT NOT INCARCERATED FELONY 90% WITHIN 120 DAYS
98% WITHIN 180 DAYS
100% WITHIN 1 YEAR100% WITHIN 180 DAYS 90% WITHIN 150 DAYS
98% WITHIN 180 DAYS90% WITHIN 180 DAYS
98% WITHIN 240 DAYSMISDEMEANORS 90% WITHIN 30 DAYS 100% WITHIN 90 DAYS 100% WITHIN 90 DAYS 90% WITHIN 150 DAYS 98% WITHIN 180 DAYS 90% WITHIN 180 DAYS 98% WITHIN 240 DAYS SUMMARIES 90% WITHIN 30 DAYS
100% WITHIN 90 DAYS90% WITHIN 30 DAYS 98% WITHIN 90 DAYS SUMMARY
APPEALS90% WITHIN 60 DAYS
98% WITHIN 90 DAYS
EXHIBIT ''2''
CARBON COUNTY CRIMINAL CASE FLOW CHART*
ARREST OR COMPLAINT FILED PRELIMINARY HEARING ARRAIGNMENT GUILTY PLEA PRE-TRIAL STATUS CONFERENCE ARDS/ GUILTY PLEAS (LAST DAY TO PLEA) JURY SELECTION SENTENCING WITHIN 30 DAYS IF INITIATED BY ARREST WITHIN 50 DAYS IF INITIATED BY SUMMONS WITHIN 40 DAYS FROM PRELMINARY HEARING WITHIN 30 DAYS FROM ARRAIGNMENT 2-15 DAYS FROM PRETRIAL CONFERENCE 4-32 DAYS FROM LAST DAY TO PLEA WITHIN 45 DAYS AFTER PLEA OR VERDICT EVERY WEDNESDAY EVERY WEDNESDAY (IF NOT SENTENCED AT GUILTY PLEA +30 +70 +100 +110 +142 (182) *The County is divided into a Northern Division and Southern Division for Preliminary Hearings in Misdemeanor and Felony Cases. Four District Justices conduct Preliminary Hearings in clusters every Wednesday. One District Justice in each division conducts Preliminary Hearings commencing at 9:00 A.M. and one District Justice in each Division conducts Preliminary Hearings commencing at 1:15 P.M.
(Rev. July 1, 2004)
EXHIBIT ''3''
CARBON COUNTY
MAGISTERIAL DISTRICT No. Dear Sir/Madam:
You have been summoned to appear for a preliminary hearing at ______ on ______ , in the Office of _________________ .
Enclosed please find the following forms:
1. Criminal Complaint and Arrest Warrant Affidavit
2. Notice of Hearing
3. Carbon County Public Defender Guidelines
4. Alternative to trial or guilty plea program criteria-- Accelerated Rehabilitation Disposition Program (ARD).
5. Questionnaire to Determine Eligibility for ARD Program, if you are eligible
6. Prior Criminal Record Statement
Examine the enclosed Carbon County Public Defender Guidelines. If you feel you are eligible, call the Public Defender's Office immediately to set up an appointment to fill out an application. The Public Defender's Office is located in the Carbon County Courthouse, Jim Thorpe, Pennsylvania. The telephone number is 570-325-2343.
You should have either obtained an attorney or had a Public Defender assigned to you before your preliminary hearing. This attorney should be present with you at your preliminary hearing.
If this is your first criminal offense, you may be eligible for the ARD program. If you qualify, you should fill out and get notarized the enclosed Questionnaire to Determine Eligibility for the ARD program and complete the Prior Criminal Record Statement and bring both to the Preliminary Hearing at the District Justice Office.
Very truly yours,
District Justice
EXHIBIT ''4''
Carbon County Public Defender Guidelines The following financial guidelines established by the Public Defender's Office of Carbon County are to be used in determining eligibility for free legal counsel.
An individual may apply for free legal counsel in the following situations:
--criminal charges; misdemeanor and felony.
--summary cases only when there is a likelihood that the court will impose imprisonment.
--parole/probation violation. (individual must reapply)
The following applicants are presumed to be indigent and eligible for free legal representation:
--any individual presently detained in a correctional or state hospital facility that does not have asset(s) and is unable to pay for private counsel.
--any individual whose GROSS income is below the maximum income level.
A. In determining the GROSS income of the applicant, criteria to be considered but not limited to the following will include:
1. All income coming into the home: unemployment, worker's compensation, social security, pensions, stocks, bonds, interest earned, inheritances, rents received, lawsuits, etc. Assets: house(s), property, car(s), etc. We will require proof.
2. If the applicant is married and living with a spouse, both incomes will be considered. Dependant(s) are child(ren) 18 years and younger living with natural parents or are legally adopted. Proof is required. Single parents, who claim child (ren) as dependant(s), must be paying support by Court Order or have child(ren) living with him/her. Proof of Court Ordered support is required.
Family Yearly Monthly Weekly 1 $ 8,590 $ 716 $179 2 11,610 968 242 3 14,630 1,219 305 4 17,650 1,470 368 5 20,670 1,723 430 6 23,690 1,975 494 7 26,710 2,225 556 8 29,730 2,478 620 each additional 3,020 252 63 If you feel you are eligible, call the Public Defender's Office to set up an appointment to fill out an application. This must be done in person. You must apply at least five (5) days BEFORE your hearing. Please bring with you all paperwork you have received to date and any copies of proof of any and all income as stated above. The phone number is (570) 325-2343. The Public Defender hours are Monday - Friday, 8:30 a.m. to 4:30 p.m., except holidays. We do not accept applications after 4:00 p.m., since it takes approximately 20 minutes to fill out the application. WE DO NOT ACCEPT ANY COLLECT CALLS.
DO NOT have alcohol on your breath or look to be under the influence of any substances or you will be asked to return at another date to complete the application. We are not responsible for any delays if you do not call for an appointment or you are asked to come back because you appear to be under the influence of a substance, or have not brought the required copies of any and all proof mentioned above.
Remember: Statements made on the application for a Public Defender must be true and correct. Any false statements that are made are subject to penalties of 18 Pa.C.S., Section § 4904, relating to unsworn falsification to authorities.
EXHIBIT ''5''
ALTERNATIVES TO TRIAL OR GUILTY PLEA IF FIRST TIME OFFENDER
CARBON COUNTY
JIM THORPE, PENNSYLVANIA
ACCELERATED REHABILITATIVE DISPOSITION WHAT IS ARD?
ARD is a ONE-TIME alternative to trial, conviction, and/or the mandatory jail sentence.
Upon application and completion of all conditions and a probation period, the criminal charges are dismissed and the record is expunged.
WHO QUALIFIES FOR ARD?
You may be eligible for ARD if you meet the following required standards for the program:
1. You have no charges of a sexual nature.
2. You have no prior DUI offenses.
3. You have not had any prior periods of revocation from supervision.
4. You do not have any F1 convictions or adjudications.
5. You do not have any F2 or F3 convictions or adjudications within the last TEN YEARS.
6. You cannot receive ARD if you falsify information on the ARD questionnaire.
7. If an accident was involved, there was NO serious injury or death.
8. You cannot have an extensive driving record.
9. You have not committed a new offense will waiting for your court date or while under supervision.
10. You attended the CRN appointment prior to the Court date.
11. You have no prior conviction for Homicide by Motor Vehicle.
12. There were no children under the age of 14 in the vehicle at time of incident.
13. You must possess necessary insurance, if accident was involved.
14. If applicant pleads guilty to any summary offense, he/she must sign a Waiver of Double Jeopardy Rights.
HOW DO I GET INTO THE ARD PROGRAM?
1. You must complete the Questionnaire to Determine Eligibility for Accelerated Rehabilitative Disposition (ARD) program and have it notarized, complete the Prior Criminal Record Statement, and, if DUI related, sign the Waiver of Rights Form attached to the Explanation of Accelerated Rehabilitation Program for Driving Under the Influence Offenders and bring it with you to the Preliminary Hearing at the District Justice's Office. If the ARD applicant is found to meet all of the criteria for inclusion into the ARD Program, the applicant will be recommended by the District Attorney to the Court for placement into the ARD Program and a Stipulation for ARD will be completed and you will receive a copy of the Stipulation and Order advising you when to appear for an ARD Hearing at the Court of Common Pleas.
2. A member of the District Justice staff will call and obtain an appointment for a CRN evaluation at the Carbon--Monroe--Pike Drug and Alcohol Office, First Street, Lehighton, Pennsylvania, and given you notice of the appointment and procedure for obtaining a CRN evaluation.
WHAT DOES PLACEMENT INTO THE ARD PROGRAM REQUIRE YOU TO DO?
NON-DUI OFFENDERS:
1. Serve up to a TWO-YEAR probationary period.
2. SIGN an ARD written Waiver of your Preliminary Hearing and Arraignment.
3. COMPLETE a counseling program, if deemed necessary, and pay for it.
4. PAY one-half of the ARD Administrative Fee of $350.00 on or before your scheduled ARD hearing date.
5. PAY ALL the ARD Program costs as may be set from time to time by Administrative Order.
6. COMPLIANCE with such rules and regulations as may be set forth by the Carbon County Courts.
DUI OFFENDERS--RATE OF ALCOHOL .08 to .099:
1. Serve a SIX-MONTH probationary period.
2. SIGN an ARD written Waiver of your Preliminary Hearing and Arraignment.
3. ATTENDANCE AND COMPLETION of an ALCOHOL SAFE DRIVING PROGRAM at the Carbon-Monroe-Pike Drug and Alcohol Office.
4. COMPLETE a counseling program, if deemed necessary, and pay for it.
5. PAY one-half of the ARD Administrative Fee of $350.00 on or before your scheduled ARD hearing date.
6. PAY ALL the ARD Program costs as may be set from time to time by Administrative Order.
7. COMPLIANCE with such rules and regulations as may be set forth by the Carbon County Courts.
DUI OFFENDERS--RATE OF ALCOHOL .10 to .159:
1. Serve a ONE-YEAR probationary period.
2. SIGN an ARD written Waiver of your Preliminary Hearing and Arraignment.
3. THIRTY-DAY SUSPENSION of driving privileges.
4. ATTENDANCE AND COMPLETION of an ALCOHOL SAFE DRIVING PROGRAM at the Carbon-Monroe-Pike Drug and Alcohol Office.
5. COMPLETE a counseling program, if deemed necessary, and pay for it.
6. PAY one-half of the ARD Administrative Fee of $400.00 on or before your scheduled ARD hearing date.
7. PAY ALL the ARD Program costs as may be set from time to time by Administrative Order.
8. COMPLIANCE with such rules and regulations as may be set forth by the Carbon County Courts.
DUI OFFENDERS--RATE OF ALCOHOL .16 and higher and Refusal:
1. Serve a ONE-YEAR probationary period.
2. SIGN an ARD written Waiver of your Preliminary Hearing and Arraignment.
3. SIXTY-DAY SUSPENSION of driving privileges.
4. ATTENDANCE AND COMPLETION of an ALCOHOL SAFE DRIVING PROGRAM at the Carbon-Monroe-Pike Drug and Alcohol Office.
5. COMPLETE a counseling program, if deemed necessary, and pay for it.
6. PAY one-half of the ARD Administrative Fee of $450.00 on or before your scheduled ARD hearing date.
7. PAY ALL the ARD Program costs as may be set from time to time by Administrative Order.
8. COMPLIANCE with such rules and regulations as may be set forth by the Carbon County Courts.
FAILURE TO ATTEND ANY APPOINTMENTS OR SCHEDULED COURT APPEARANCES WILL RESULT IN DENYING YOUR ACCEPTANCE IN ARD!
NO JAIL TERM, IF ACCEPTED FOR ACCELERATED REHABILITATIVE DISPOSITION AND IT IS COMPLETED SATISFACTORILY.
DUI OFFENDERS--ARD not stipulated at the District Court level must PAY one-half of the ARD Administrative Fee of $500.00 on or before your scheduled ARD hearing date.
EXHIBIT ''6''
DISTRICT ATTORNEY OF CARBON COUNTY
CARBON COUNTY COURTHOUSE
P. O. BOX 36
JIM THORPE, PENNSYLVANIA 18229
NOTICE Your case MAY be a proper one for handling under the Accelerated Rehabilitative Disposition Program (A.R.D.)
As you know, you were arrested and charged with a crime. You have the right to a trial and the Commonwealth must prove you are guilty beyond a reasonable doubt. However, being placed on probation may help you more than being convicted and sentenced to jail, so your case may be chosen for possible inclusion in the Accelerated Rehabilitative Disposition Program. Under this program, instead of being tried, you might be placed on probation immediately. If you stay out of trouble during the period of this program, these charges will be discharged and your record expunged. If you violate the conditions, you will be tried as if you never had been in this program.
If you desire to be considered for the A.R.D. Program, you MUST complete the enclosed questionnaire and have it notarized. Bring the notarized, completed questionnaire with you to the Office of the District Justice at the time of your preliminary hearing.
Be advised that applying for admission into the A.R.D. Program does not relieve you of your obligation to appear before the District Attorney's Office or the Court for all scheduled appearances. Failure to so appear will result in a bench warrant being issued for your arrest.
YOU SHOULD BE CERTAIN TO CONTACT YOUR LAWYER SO THAT YOU UNDERSTAND WHAT THIS PROGRAM IS AND HOW IT WORKS.
Very truly yours,
GARY F. DOBIAS
District AttorneyGFD/ndj
Enclosure
EXHIBIT ''7'' APPROVED: ______
DISAPPROVED: ______
DATE: ______
OFFICE OF THE DISTRICT ATTORNEY
CARBON COUNTY COURTHOUSE
P. O. BOX 36
JIM THORPE, PENNSYLVANIA 18229
(570) 325-2718
COMMONWEALTH OF PENNSYLVANIA : : VS.
: NO. :
QUESTIONNAIRE TO DETERMINE ELIGIBILITY
FOR ACCELERATED REHABILITATIVE DISPOSITIONTO THE DEFENDANT:
The following questions are to be answered truthfully and fully under oath or affirmation. Bring this questionnaire with you to the District Justice's Office at the time of your preliminary hearing so the District Attorney can determine your eligibility for consideration into the Accelerated Rehabilitative Disposition Program.
YOU ARE ADVISED THAT ANY FALSE STATEMENT GIVEN IN ANSWER TO ANY QUESTION MADE WITH INTENT TO MISLEAD THE DISTRICT ATTORNEY'S OFFICE IS PUNISHABLE AS A MISDEMEANOR OF THE SECOND DEGREE PUNISHABLE BY A FINE NOT EXCEEDING $5,000.00 AND IMPRISONMENT NOT EXCEEDING TWO (2) YEARS, OR BOTH.
WRITE CLEARLY AND IN INK 1. State your full name, Social Security Number and Driver's Operator Number.
_________________
2. What is your date of birth and current age? _____
3. Give your place of birth (city, state, and country). __
_________________
4. State any other names by which you are known or by which you have been known, including aliases.
_________________
5. State any nicknames by which you are known. ______
6. What is your present address and telephone number?
_________________
7. What is your marital status? ______
8. What is the name of your spouse? ______
9. Give the names and ages of any children. ______
_________________
10. Give the names of all persons with whom you live and your relationship with each.
_________________
_________________
_________________
11. Give each and every address where you resided during the last five-year period.
_________________
_________________
_________________
12. State your educational experience, giving the names of schools you attended and the date of attendance.
Grade School: _________________
High School: _________________
College: _________________
Other: _________________
13. State your military status. (Check One)
Veteran ______ Non-Veteran ______
If you have been in the military service of the United States, state which branch, the years of service and the type of discharge.
Branch: ______ Years: ______
Discharge: Honorable: ____ Dishonorable: ____
Other: ______ Explain: ______
14. State what occupations or jobs you have held in the last five (5) years:
Employer Job Description Years
_________________
_________________
_________________
15. What is your present occupation or employment and how long employed?
_________________
Employer: __________
Describe Duties: __________
If unemployed, source of income: __________
16. What is your present average net income? ______
17. What is your ability to pay Court costs? AMT: ____
18. Have you been arrested for any Juvenile or Adult criminal offenses?
Yes ______ No ______
If so, state the following, using additional sheet(s) if necessary.
Date of Arrest (Month/Year): ______
Charge: _________________
Jurisdiction (City & State): ______
Sentence or other Disposition: ______
19(a). Have you ever been convicted of DUI or been placed on an A.R.D. Program as a result of a DUI
Charge? Yes ______ No ______
If so, state:
Date of Arrest: _________________
Date of conviction or acceptance in the A.R.D. Program: _________________
County where this occurred: ______
19(b). Have you ever been placed in an A.R.D. Program for a non-DUI offense?
Yes ______ No ______
If so, state:
Date of Arrest: _________________
Charge: _________________
Date of conviction or acceptance in the A.R.D. Program: ______
County where this occurred: ______
20. Are you presently on parole or probation? ______
21. Have you ever been treated for mental illness or hospitalized for mental illness:
Yes ______ No ______
If so, state when, where and period of time.
_________________
22. Do you have any disease or other disability at the present time?
Yes ______ No ______
If so, state the nature thereof: ______
_________________
23. Are you presently dependent upon or addicted to alcohol or drugs?
Yes ______ No ______
24. Are you presently enrolled in any treatment program for alcohol or drug addiction dependency?
Yes ______ No ______
THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ANY PERSON CHARGED WITH DUI 25. Were you involved in an accident? Yes ______ No ______
If so:
(a) Do you have insurance? Provide the name of your insurance company.
_________________
(b) Was any person, other than you injured? Yes ______ No ______
(c) If so, give the name and address of injured party or parties, along with a description of the injuries suffered.
_________________
(d) Is there any restitution due? If any, approximately how much?
_________________
26. State any other offenses you were charged with, either under the vehicle code or the crimes code, which arose from this incident.
_________________
_________________
27. What was your blood alcohol reading? ______
28. WHERE were you drinking? ______
How long? __________
TO BE COMPLETED BY ALL APPLICANTS 29. State the name, address and telephone number of three reputable citizens, not related to you, who are willing to support your consideration for the Accelerated Rehabilitative Disposition Program:
NAME ADDRESS TELEPHONE NUMBER
_________________
_________________
_________________
30. State briefly why you feel you should be given the benefit of placement in the Accelerated Rehabilitative Disposition Program.
_________________
_________________
_________________
_________________
I, hereby, swear to (or affirm) the truth of the facts set forth in this Questionnaire to Determine Eligibility for Accelerated Rehabilitative Disposition and I fully realize that an intentionally falsification as to any answer, or part thereof, is a crime punishable by law.
_________________
Signature of ApplicantAcknowledgement:
Sworn to (affirm) and subscribe tobefore me this ______ day of
______ , _____ , A.D.
_________________
NOTARY
EXHIBIT ''8''
CRIMINAL CASE MANAGEMENT PLAN
56TH JUDICIAL DISTRICT--CARBON COUNTY
PRIOR CRIMINAL RECORD STATEMENT DEFENDANT'S NAME: _________________
OTN #: __________
DEFENSE COUNSEL: ______ DA: ______
Representations regarding prior record:
I, ______ , defendant, represent that my prior criminal record, including prior ARDs, is set forth here in full, to the best of my memory. I understand that if this listing is in error, the parties will not be bound by the agreement. I ALSO UNDERSTAND THAT AN INTENTIONAL FALSE STATEMENT BY ME ON THIS DOCUMENT COULD RESULT IN A SEPARATE CRIMINAL PROSECUTION.
Charge (include all arrests) Location (County and State) Disposition Approximate Date ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ _________________
(Defendant) (Date) (Defense Counsel) (Date)_________________
(DA assigned to case) (Date)
EXHIBIT ''9''
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA : : CASE ID # ______ vs : : 180 DAYS: ______
STIPULATION CHARGES FOR TRIAL, GUILTY PLEA OR ARD
COUNT #1 _________________
COUNT #2 _________________
COUNT #3 _________________
COUNT #4 _________________
COUNT #5 _________________
COUNT #6 _________________
AND NOW, this ______ day of ______ , 20 , the following stipulation is entered into between the Commonwealth and the Defendant in connection with the above charges: (check one)
______ TRIAL BY JURY ______ NON-JURY TRIAL
______ GUILTY PLEA ______ ARD
__________
__________
__________
______ _________________
Defendant Attorney for the Defendant______ _________________
D.A. or Assistant D.A.______
Address______
Telephone Number
ORDER AND NOW, this _____ day of ______ , ____ , it is hereby ORDERED and DECREED that the Defendant shall appear in Court Room #1/2, Carbon County Courthouse, Jim Thorpe, Pennsylvania, on the _____ day of ______ , ____ at ______ .M. prevailing time or on further order of the Court, for ______ .
BY THE COURT
_________________
District Justice/Judge
EXHIBIT ''10''
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA : : D.J. ID # ______ vs. : O.T.N. # ______ : C.P. ID # ______ ______ ,
Defendant
:
EXPLANATION OF ACCELERATED REHABILITATION PROGRAM (A.R.D.)
and
WAIVER OF RIGHTS FORM1. I understand that I have been charged with a crime and that I have a right to go to trial on that charge. I am presumed innocent of this charge and the prosecution must prove my guilty beyond a reasonable doubt.
2. Notwithstanding my right to go to trial, I ask to be placed in the Carbon County A.R.D. Program and I CERTIFY THAT I HAVE NOT PREVIOUSLY BEEN IN SUCH A PROGRAM IN THIS OR ANY OTHER JURISDICTION.
3. I understand the District Attorney will consider any prior criminal conviction I may have.
4. I understand the District Attorney will consider a victim's input on my request for A.R.D.
5. I am aware that I will be in the A.R.D. program for a specific period and that the special terms and condition of the program are as follows:
(a) I will pay the costs of the prosecution of the charges filed against me.
(b) I will attend and complete the Highway Safety Program at the Carbon-Monroe-Pike Drug & Alcohol Office and pay the costs thereof.
(c) I will receive an alcohol and/or drug evaluation and follow through with any recommended treatment and pay the costs thereof.
(d) I may have to receive a mental health evaluation and follow through with any recommended treatment and pay the costs thereof.
(e) I will complete any community service hours as may be ordered by the Court.
(f) If I caused any property damage or personal injury to anyone and do not have insurance to pay for such damage or personal injury, I will make restitution to the victim of the amount of such damage or personal injury.
(g) I will abide by the general rules and regulations applicable to all persons on A.R.D.
6. I understand that the charges which have been filed against me will not be further prosecuted while I am in the A.R.D. Program, but if I fail to complete the program satisfactorily, I will be removed from the program and the charges filed against me will then be prosecuted according to law as if I had never been in the A.R.D. Program.
7. I understand that if I successfully complete the A.R.D. Program the charges that have been filed against me will be dismissed and the record will be expunged. If my current charge is for an offense under the driving under influence statute and I am convicted of a subsequent offense of driving under the influence, I may be sentenced as a second or subsequent offender of driving under the influence.
8. I understand that I can reject this offer of A.R.D. and demand that my case be brought to trial instead and that neither rejection of A.R.D. nor any statement I make in these A.R.D. proceedings can be used against me at trial.
9. I understand that by participating in the A.R.D. Program I waive (give up) the following rights:
(a) My right to a preliminary hearing.
(b) My right to a formal Court arraignment.
(c) The right to have my case tried before a jury within three hundred and sixty-five (365) days from the date the charges were filed against me and dismissed if not tried within 365 days.
(d) The applicable statute of limitations within which prosecution must be commenced on the charges against me.
9. Time spent in processing the questionnaire for A.R.D. will be excluded in computing the 365 days under Rule 600.
10. I understand that if my case is removed from the A.R.D. program and sent back for trial, the District Attorney will then have one hundred and twenty (120) days within which to bring me to trial.
I have read the above and fully understand it.
DATE: ______ SIGNED: _________________
DefendantAs attorney for the above-named Defendant, I certify that I have fully discussed and reviewed the foregoing explanation and waiver of right to the Defendant and I believe he/she understands it.
DATE: ______ SIGNED: _________________
Attorney for DefendantI agree that this case is suitable for inclusion in the A.R.D. Program and I move that the Defendant be placed on A.R.D.
DATE: ______ SIGNED: _________________
(Assistant) District Attorney
EXHIBIT ''11''
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA : : D.J. ID # ______ vs. : O.T.N. NO. ______ : Defendant :
CRIMINAL CASE SCHEDULING INFORMATION
Defense Counsel: _____ Asst. District Atty. _____ Entry of Appearance Signed? _____ Major Charge: _____ Is defendant in
jail? _____Date Complaint
Filed: _____Waiver of Arraignment signed? _____ Date of Preliminary Hearing: _____
IMPORTANT NOTICE You and your attorney are required to appear for the following proceedings. These dates may not be changed without Leave of Court.
1. Arraignment (if not waived): ______ 9:00 A.M.
Prevailing time, Courtroom Two, Courthouse, Jim Thorpe, PA 182292. Pre-trial Status Conference: ______ 9:00 A.M.
Prevailing time, District Atty. Office, Courthouse, Jim Thorpe, PA 182293. Last Day to Plea-Plea Day: ______ 1:15 P.M.
Prevailing time, Courtroom One, Courthouse, Jim Thorpe, PA 182294. Jury Selection: ______ 10:00 A.M.
Prevailing time, Courtroom One, Courthouse, Jim Thorpe, PA 18229
***FAILURE TO APPEAR MAY RESULT IN A FORFEITURE OF YOUR BAIL BOND AND THE ISSUANCE OF A BENCH WARRANT FOR YOUR ARREST*** The undersigned defendant and defense counsel hereby acknowledge receipt of a copy of this notice.
Date: ______ _________________
Defendant_________________
Defendant's Counsel_________________
District Justice
EXHIBIT ''12''
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA : : D.J. ID # ______ VS. : O.T.N. # ______ : C.P. ID # ______ ______
Defendant:
WAIVER OF ARRAIGNMENT I, the undersigned attorney for the Defendant, do hereby waive the arraignment provided for in PA. Rule of Criminal Procedure No. 571 which is scheduled to be held in this case on ______ .
I, the undersigned Defendant, understand that:
1. The information containing the charges against me will be filed in the Office of the Clerk of Courts and a copy will be mailed to my attorney and to me. _____ (Defendant's initials)
2. Any discovery must be concluded 14 days after the scheduled arraignment date. _____ (Defendant's initials)
3. I must file a request for a Bill of Particulars in writing within 7 days after the scheduled arraignment date. _____ (Defendant's initials)
4. If I intend to offer the defense of alibi, insanity or mental infirmity, I must notify the Attorney for the Commonwealth in writing within 30 days after the scheduled arraignment date. _____ (Defendant's initials)
5. I must file all pre-trial motions for relief on or before 30 days from the scheduled arraignment date. _____ (Defendant's initials)
6. If I fail to file any motions for discovery or pre-trial relief within the prescribed time limits, it shall be considered a waiver of the rights to file such motions. _____ (Defendant's initials)
7. I must give the Court notice prior to stated jury selection date if I desire to have my case tried before a Judge without a jury. _____ (Defendant's initials)
Date: ______ _________________
Defendant's Signature_________________
Attorney for Defendant
EXHIBIT ''13''
PROCEDURE FOR CRN EVALUATIONS 1. The CRN (Court Reporting Network) evaluation is a computer-supported information system that provides the Courts with a detailed personality and alcohol intake profile of a person charged with Driving Under the Influence.
2. The Court MUST have in their possession, prior to your sentencing or acceptance into the ARD program, the complete CRN evaluation. It is important that you keep the scheduled appointment given to you to avoid any delays in your case.
3. Please have the following information with you at the time of your evaluation:
- TIME AND DATE OF ARREST
- DRIVER'S LICENSE NUMBER
- BLOOD ALCOHOL CONCENTRATION LEVEL (BAC)
4. The cost of the CRN evaluation is $50. Payment in full is required at the time of the evaluation. Failure to appear, failure to bring the $50 fee and/or the above-requested information, will result in the re-scheduling of your appointment. A $15 no-show fee will be assessed for missed appointments.
MASTERCARD AND VISA ARE ACCEPTED OR MAKE CHECK OR MONEY ORDER PAYABLE TO:
Carbon-Monroe-Pike Drug & Alcohol Commission, Inc. ______ _________________
Date of Appointment Time of Appointment
Bonnie Wright, BA, CAC
AHSP Program Director
Carbon - Monroe - Pike Drug & Alcohol Commission, Inc.I have read the above and fully understand it and I acknowledge receipt of the scheduled CRN evaluation date and time.
Date: ______ _________________
Defendant
CARBON OFFICE MONROE OFFICE PIKE OFFICE 110 S. First Street 724 A Phillips Street Suite 303, 10 Buist Rd. Lehighton, PA 18235 Stroudsburg, PA 18360 Milford, PA 18337 610-377-5177 1-866-824-3578 570-296-7255
[Pa.B. Doc. No. 04-1001. Filed for public inspection June 11, 2004, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
