There is even a rule prior to trial in the Rules of Criminal Procedure that the Defendant must give a notice of a defense of insanity or mental infirmity in conformance with Rule 568. A Defendant who intends to offer this type of defense at trial shall file with the Clerk no later than the […]
If a Defendant has an alibi for any of the charges filed after a preliminary hearing, he must utilize Rule 567 and file with the Clerk of Courts no later than the filing of the omnibus pretrial motion specifying an intention to offer an alibi defense. He has to serve a copy of the notice […]
Under Rule 570 at any time after an information has been filed, the Court may order the District Attorney and the defense attorney to appear before it for a conference in open Court to consider the procedures for pretrial discovery and inspection, the simplification of factual issues, the pre-qualification of exhibits to avoid unnecessary delay […]
“ Once a preliminary hearing has been conducted and a Magisterial Judge has ruled that the case should go on for further Court action, the next step is for the District Attorney to file an information. The information which is an initial pleading after a preliminary hearing shall be signed by the District Attorney and […]
Conditions of the ARD Program The conditions of the ARD program may be such as may be imposed including restitution, cost of prosecution, and fine. The cost of prosecution and fine are wrapped into the cost of admission into the program. Every county has a different cost of admission to the ARD program. The cost […]
Accelerated Rehabilitation Disposition, or otherwise known as ARD, is available to first-time offenders for various crimes. The most usage is under the driving while intoxicated laws and sometimes in theft offenses, but never used in crimes which involve personal injury or assault. After criminal proceedings have been instituted, a case can be considered for ARD. […]
Immediately prior to trial in a summary case, the Defendant shall be advised of the charges in the citation or complaint. If, in the event of a conviction, there is a reasonable likelihood of a sentence of imprisonment or probation, the Defendant shall be advised of his right to counsel and thereafter shall be given […]
After the filing of a summary citation or summons, the Defendant may plead guilty by notifying the Magistrate in writing of the plea and forwarding to the issuing authority an amount equal to the fine and costs specified in the summons. If the amount of fines and costs are not specified in the summons, then […]
A search warrant may be issued by any enforcement authority within a jurisdictional district where the person or place to be searched is located. A search warrant must have a purpose and this is discussed under Rules of Criminal Procedure – Rule 201. It states they can search for contraband, the fruits of a crime […]
