Pennsylvania Stipulation and Waiver Concerning Accelerated Rehabilitative Disposition (ARD) Program
Definition and meaning
The Pennsylvania Stipulation and Waiver Concerning Accelerated Rehabilitative Disposition (ARD) program is a legal document that a defendant must enter into when applying for the ARD program. This program is designed for individuals charged with certain non-violent offenses, allowing them the opportunity to have their charges dismissed upon successful completion of the program. The stipulation and waiver outline the admissions and agreements made by the defendant regarding their case and any future implications.
Who should use this form
This form is intended for individuals in Pennsylvania who have been charged with DUI or related offenses and are seeking to participate in the ARD program. It is specifically for those who wish to waive certain rights as part of their application for accelerated rehabilitation to avoid a more severe sentence or conviction record. Individuals should consult a licensed attorney to determine their eligibility for the program and understand the implications of signing the stipulation and waiver.
Legal use and context
The stipulation and waiver must be understood in the context of Pennsylvania law, specifically under the provisions of 75 Pa C.S.A. § 3807 regarding the ARD program. The document is crucial because it establishes a defendant's agreement that statements made within it can be used against them in any future DUI-related cases as a prior conviction. Therefore, understanding the legal implications of signing this document is essential for anyone considering entering the ARD program.
Key components of the form
The Pennsylvania Stipulation and Waiver contains several key components:
- Admission of facts: The defendant admits to certain facts that could lead to a conviction in a future DUI case.
- Waiver of rights: The form includes a waiver of procedural and substantive due process rights, acknowledging that the stipulation may be used in subsequent DUI charges.
- Duration of waiver: The stipulation states that any investigative or arrest records related to this case will not be eligible for expungement until ten years after successful completion of the ARD program.
Common mistakes to avoid when using this form
When completing the Pennsylvania Stipulation and Waiver, users should be mindful of several common mistakes:
- Failing to read the document thoroughly before signing.
- Not consulting with a legal professional before making admissions that could affect future cases.
- Overlooking the implications of waiving rights under this stipulation.
