Application For Disposition Under Program Of Accelerated Rehabilitative Disposition/probation Without Verdict (Page 2 of 2) in pdf

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11. By applying for ARD/PWOV and by signing this application I acknowledge, certify, and understand each of the

following rights and responsibilities:

I have been advised and I understand that I have a constitutional right to a speedy trial; that

pursuant to Pa.R. Crim. P. 1100, the Commonwealth must bring my case to trial within 365 days from the date of the

filing of the Criminal Complaint charging me. If my case is not brought to trial within 365 days from the filing of the

Criminal Complaint, I understand I can ask the Court to dismiss all charges against me. Furthermore, I understand that

in the event I am incarcerated on these charges, the Commonwealth must bring my case to trial within 180 days from

the date of the filing of the Criminal Complaint, if the Commonwealth fails to do so, I can ask the Court for nominal

bail.

I hereby waive (give up) all of my constitutional rights to a speedy trial as set forth from the date I sign this

Application until I either complete the ARD Program or am revoked from it, should I violate the conditions the Court

imposes on me. In the event my Application for ARD is denied, I waive (give up) all of my constitutional rights to a

speedy trial as set forth from the date I sign this Application until the last scheduled day of the term o f Criminal Court

next following the date of my rejection. I have been advised and I understand that by signing this waiver I am waiving

(giving up) any and all rights I may have to be tried within 180

(if in jail) or 365

day following the filing of the

Criminal Complaint against me. I am signing the waiver because I understand it is to my benefit to do so and to allow

the District Attorney as much time as he needs to evaluate my suitability for the ARD Program. I have not been made

any promises, nor have I been forced or coerced to sign this waiver.

I understand I have the right to be represented by an attorney on my charge(s) and also in

connection with my ARD/PWOV Application. If I cannot afford counsel, the Court will provide me free counsel

through the Erie County Public Defender=s Office.

It is my responsibility to notify the District Attorney=s Office, in writing, of my arrest

and/or conviction for any offense occurring after this Application is made and before it is rejected or I am

accepted into the Program by the Court. Failure to comply with this requirement is grounds for refusal of the

Application and/or may be treated as a false statement subjecting me to prosecution and/or for removal from the

Program.

If charged with Driving Under the Influence: I understand that it is my responsibility to

arrange for a CRN evaluation. I understand that I cannot be placed in the ARD Program unless such evaluation is

completed. I further understand that I am to contact \DUI Program, 1306 East Lake Rd, Erie, PA 16507 at

(814)454-3326 between 8:30 a.m. and 3:30 p.m. to arrange an appointment.

I acknowledge that I have completed (or will complete prior to my ARD hearing) all

processing (e.g. Fingerprinting, etc.) required by me. I understand that failure to do so may delay my acceptance into

the program.

The information I have provided above is true and correct. I understand if I have provided

false information on this Application, that reason alone is sufficient to refuse this Application. In addition, I understand

that by providing false information I can be prosecuted for offenses including, but not limiting to, perjury, false

swearing and/or unsworn falsification to authorities.

DATE: ________________________ DEFENDANT: _________________________________________

DATE: ________________________ ATTY. FOR DEFENDANT:_______________________________

Please Print

DATE: _______________________ WITNESS*: _____________________________________________

*When defendant has no attorney

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