Bench Warrent

[paguy88]

What is the name of your state (only U.S. law)? PA

how will this be handled.

My old friend got a DUI back in 06! got into ARD program did everything except pay 300 bucks of the fine..

well guess what he had a ARD violation hearing and skipped it. I looked at the county web site and they have issued a warrent for him.

how will that be served?

will they go looking for him wait for a traffic stop? what?

Honestly he deserves everything they court give him at this point when he was getting a pass for all intent a pourpose.

how does this get served?

thanks guys

[SIN EATER]

They probably issued a bench warrant.
Since the original charge was just a misdemeanor, they will probably make no effort to serve him, they will just put it on the system.
When he's stopped for a ticket, the warrant should pop up, and he should be arrested.

He should be brought before the court within 2 or 3 days, and the court can dispose of the matter by going ahead and allowing prosecution of the original charge (probably with bail terms as he failed to appear) or just sentencing him (whichever applies, according to the ARD terms).

Check the ARD paperwork - did he plead guilty in order to get ARD ? If so, then he can be sentenced immediately.
If he did not plead guilty, he still has the right to a jury trial and still can try to negotiate a plea bargain with the Prosecutor.

My gut tells me that he already pled guilty/no contest and only has to be sentenced (which means he has no power of negotiation).

[paguy88]

Originally Posted by SIN EATER

They probably issued a bench warrant.
Since the original charge was just a misdemeanor, they will probably make no effort to serve him, they will just put it on the system.
When he's stopped for a ticket, the warrant should pop up, and he should be arrested.

He should be brought before the court within 2 or 3 days, and the court can dispose of the matter by going ahead and allowing prosecution of the original charge (probably with bail terms as he failed to appear) or just sentencing him (whichever applies, according to the ARD terms).

Check the ARD paperwork - did he plead guilty in order to get ARD ? If so, then he can be sentenced immediately.
If he did not plead guilty, he still has the right to a jury trial and still can try to negotiate a plea bargain with the Prosecutor.

My gut tells me that he already pled guilty/no contest and only has to be sentenced (which means he has no power of negotiation).

with ARD there is NO Guilty plea. However this is the part I don't know. I am sure there is some prevision in the paper work for ARD for just such a event. Just not sure what it is.