ARD Petition

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA CRIMINAL COMMONWEALTH OF PENNSYLVANIA vs. (Defendant) ) NO. __________________________ ) ) ) ) A.R.D. PETITION 1. 2. My full name is ______________________________________________ The Commonwealth has charged me with the following crimes: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ I stipulate that the facts that are set forth in the Criminal Complaint and/or Criminal Information form a sufficient basis for the A.R.D. 3. I have told my lawyer all the facts and circumstances known to me about these pending charges. My lawyer has advised me on the nature of the charges, on any and all lesser included offenses, on all possible defenses that might be available, my legal rights as a person accused of a crime, and the possible consequences of entering the A.R.D. Program. 4. I understand that entry into the A.R.D Program will afford me an opportunity to earn a dismissal of the charges against me, and possibly the expungement of my record in this case. 5. I understand that if I successfully complete the terms and conditions of my A.R.D. probation, that the charges against me will be dismissed. If I violate the conditions of my probation, including the condition that I refrain from further violations of the law, I will be subject to discharge from the A.R.D. Program and once discharged, I will be required to choose between going to trial or pleading guilty to the pending charges. 6. I understand that if I am accepted into the A.R.D. Program, that the trial of my case will be postponed for as much as two years. I will be placed on probation with the Office of Probation and Parole in the county in which I reside, under terms and conditions to be set by this Court and by said Office of Probation and Parole. 7. I have been advised that as a person accused of a crime, I have a constitutional right to a speedy trial, as set forth at Rule 600 of the Rules of Criminal Procedure. I have a right to be brought to trial within 365 days of the date of the filing of the Criminal Complaint. I may demand a dismissal of the charges if not brought to trial within that time. I understand that I must give up my right to a speedy trial and for dismissal pursuant to Rule 600, while on A.R.D. probation, and I understand further that the time that elapses while I am on A.R.D. probation will not be counted towards the calculation of the 365 days. I also waive the right to raise that period of time involved in consideration and processing of the A.R.D. I further agree to waive the applicable statute of limitations. 8. I certify that I am eligible for the A.R.D. Program, never having been convicted of a crime, or participating in the A.R.D. Program within the last seven years. There are no other criminal charges pending against me presently, and I am not presently on probation or parole. DATE:___________________ ____________________________________________________ (Signature of Defendant) _____________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com ardpet 11/13/12 (Signature of Defendant's attorney or a witness) American LegalNet, Inc. www.FormsWorkFlow.com