PA DUI, traveling out of the country

[Yertle8]

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

I was arrested in July for DUI, stopped at a sobriety checkpoint, blew a 0.108 at the station. I have my arraignment next week, I don't plan on beating the charges, I should be eligible for ARD and I can deal with those punishments.

My biggest concern at this point is that two days after the arraignment I'm leaving for Peru for two weeks. Could the pending charge cause any issues with leaving the country for two weeks?

 

[FlyingRon]

Tell your lawyer. Generally they will fix another appearance a week or so after the arraignment. Further if you do get on ARD at that time, you'll have to get permission from your probation officer (generally routine) to go.

 

[Yertle8]

I don't have a lawyer, I guess I could get a public defender, but I didn't feel I needed one since I'll be pleading guilty and requesting ARD.

It took two months from arrest to the arraignment/preliminary hearing, I'm hoping there will be some time between that and trial. Would it hurt to call the courthouse?

 

[foot]

I'm not saying this is how long it will take, but when I did ARD, it was about 6 months from arrest until my ARD hearing

 

[paguy88]

what county did this happen in?

in my county

you most likely will only have to report you leaving if you are going to be gone more than 2 weeks... but I would check to be safe.

usually ARD probation is NON reporting...

some smaller counites make you report but if this happened in Phily or Pittsburgh area expect to only have one contact with the probation department.(unless you do something stupid).

also I would guess from your arrignment to ARD court is Months down the road.

so unless you have been to ARD court and offically put in the program you are not under the probation department yet.

 

[Yertle8]

It happened in Mongomery county. I doubt I'll have problems, but I'll make them aware at my arraignment, I suppose. Thanks.

 

[paguy88]

It happened in Mongomery county. I doubt I'll have problems, but I'll make them aware at my arraignment, I suppose. Thanks.

fi you are courious what the ARD program is in that county you can call the DA office and ask.. they will give you the skinny on ARD for that county.

 

[fatamerican]

I don't have a lawyer, I guess I could get a public defender, but I didn't feel I needed one since I'll be pleading guilty and requesting ARD.QUOTE]

you don't plead at all for ARD. you either plead guilty or apply for ARD. if you qualify for a public defender it would probably be a good idea to get one just to make sure you get into the program. it's a whole lot better than a conviction.

 

[paguy88]

I don't have a lawyer, I guess I could get a public defender, but I didn't feel I needed one since I'll be pleading guilty and requesting ARD.QUOTE]

you don't plead at all for ARD. you either plead guilty or apply for ARD. if you qualify for a public defender it would probably be a good idea to get one just to make sure you get into the program. it's a whole lot better than a conviction.

i believe you plea not guilty at arrignment...

in lue of ARD completion.

 

[FlyingRon]

i believe you plea not guilty at arrignment...

in lue of ARD completion.

I do not believe you need to enter a plea at the arraignment. They just ask you how you are going to proceed (plead guilty, jury trial, ARD, etc...) in order to schedule your next appearance.

 

[Yertle8]

Thanks, that's helpful. I'm going to see if I can get a public defender to make sure things go smoothly.

I know it's impossible to know with any certainty, but if I have my arraignment 9/4/08 and my next hearing is, say, sometime in November, would there be an issue with leaving the country 9/6/08 and returning two weeks later? I wouldn't be subject to probation yet, nor will I be guilty of a crime yet, but I would have pending charges. I know the public defender could answer this for me, but I haven't spoken to one yet and am just trying to set my mind at ease.

 

[ReformedMan]

At least on paper you are still innocent until proven guilty. That being the case, if your next court date is set for after you return to the states, you shouldn't have any problems. It's always still a good idea to consult with a lawyer to make sure all loose ends have been tied.