Information on the DUI Legal Process in Delaware Co., PA
If you were charged with DUI in Media, PA (Delaware County) you should know what to expect next in the process, including information on the CRN Evaluation, arraignments, court hearings, going to trial, and appeals.
Whether you face a first DUI charge or a second DUI arrest has an impact on court proceedings and the types of penalties you face. For instance, you may qualify for the ARD Program (Accelerated Rehabilitative Disposition) if this is a first-time offense. If you are a U.S. Veteran, you may also be eligible for the Veterans Treatment Court in Delco.
An Arrest is Not a Conviction
There are options for fighting a DUI charge in PA and DUI cases can be won in court. An experienced and aggressive Pennsylvania DUI Lawyer can help you fight for your rights, your license, and your freedom. Even if a full dismissal of your DUI charges is not possible, an attorney can help in fighting for the minimum sentencing possible and a reduction in charges.
The very first thing you should do after being charged with DUI in PA is to contact a DUI attorney for a free consultation about your case. The sooner you contact an attorney, the more time they will have to prepare your case and build a strong defense.
Call The Law Offices of Wana Saadzoi, Esquire LLC today for a free consultation of your DUI case: 610-566-5956
Overview of the DUI Process in Delaware County Pennsylvania
- CRN Evaluation (Fees and Paperwork)
- Preliminary Arraignment
- Preliminary Hearing
- Formal Arraignment and ARD Program
- Discovery / Gathering Evidence
- Pre-Trial Conference
The CRN Evaluation:
The Delaware County PA CRN (Court Reporting Network) Evaluation is a thirty-minute interview that every person charged with DUI must schedule and complete. The cost is $70.
In the evaluation interview, you will be asked about your drinking and drug habits so the court can know what types of drug and/or alcohol treatment you may need.
You will be charged an additional fee of $30 if you do not show up at the scheduled time. If you were charged with DUI in Delaware County, you must schedule the evaluation in Delaware County.
To schedule the CRN evaluation on office cases call 610-892-3226. For more details and information about scheduling the CRN, visit the website of the Delaware County PA Government Diagnostic Services.
You will need to bring the following to the CRN Evaluation:
- Driver’s License or form of identification;
- Criminal complaint;
- Date of arrest;
- Blood alcohol content (BAC);
- $70 CRN fee (must be paid prior to the evaluation (cash, credit card, check or money order)
The Preliminary Arraignment:
Most DUI offenses in Media, PA result in a custody release without preliminary arraignment. Typically, a summons and complaint will be issued within five days of your release. The summons will tell you when to appear at the preliminary hearing. It is very important to appear on the date and time indicated on the summons. If you fail to appear, a bench warrant will be issued for your arrest.
The Preliminary Hearing:
The preliminary hearing will normally occur within three to ten days of your arrest. It is here that prosecutors must prove that a DUI crime was committed and that the person being charged with the crime is the person who committed it. This is the most important part of the court process and an attorney is very useful to have at your hearing.
The preliminary hearing for DUI cases is heard in the Delaware County, PA Magisterial District Court.
This hearing is very important. Your attorney can make attempts at your preliminary hearing to get part or all of your charges dismissed or dropped. It is important to have a knowledgeable and experienced DUI attorney to guide you through the DUI Court Process and help you make decisions.
Next, your DUI case will be scheduled for an arraignment in the Court of Common Pleas.
The Formal Arraignment and the ARD Program:
The formal arraignment typically takes place six to eight weeks after the Preliminary Hearing. You are assigned a judge at your arraignment. It is here that you and your attorney will be able to view the footage of your arrest and review the police reports.
You may also be able to apply for a diversionary DUI program, like the ARD Program. Certain qualifications are needed to apply for the ARD program, a first-offender program for mainly drugs and alcohol. This program can severely limit the penalties of a DUI conviction and help keep the charges off your permanent record.
It is highly recommended that most first-time DUI offenders apply for this program. However, not all that apply will be accepted into the program. In order to apply for the ARD program in Delaware County, you must have a PA DUI Attorney.
See more details on the ARD program in Delaware County.
Discovery / Gathering Evidence
A skilled DUI attorney will pay attention with great detail to the police reports and other evidence collected at the time of your arrest.
Any discoverable matter can include video footage of the arrest and any testing performed to determine your BAC (blood alcohol content level). And evidence against you must be disclosed to you and/or your attorney.
This evidence can be used against the prosecution, for instance, if police did not follow proper procedures during your arrest, the entire case could be thrown out and your charges dropped.
The Pre-trial Conference
At the Pre-trial, your attorney will be able to obtain any lab reports pertaining to your DUI arrest and also negotiate a plea bargain with the prosecutor.
A skilled DUI attorney will examine all evidence and make a determination whether the evidence surrounding your case could be challenged. Procedures in a Pre-trial Conference vary from county to county.
If your DUI case is not resolved by either acceptance into the ARD program or by a plea deal, your case will go to trial. You will be ruled either guilty or not guilty at your trial. After the verdict, you will be sentenced by the judge.
If you and your attorney feel that an appeal is a worthwhile option, you can file a notice of appeal. However, the Appellate Court only considers claim errors of the law or trial proceedings when appealing a DUI case.
Do Not Fight DUI Charges Alone
Call Today for a Free Legal Case Evaluation
Call PA DUI Attorney Saadzoi
FREE LEGAL CASE EVALUATION FROM ATTORNEY SAADZOI
Attorney Saadzoi is here to help – call her today for a free legal consultation regarding your DUI charges in Pennsylvania.
Attorney Saadzoi will do everything possible to get your charges reduced or dismissed altogether. Battling DUI charges on your own could increase the likelihood that you will face DUI penalties to the fullest potential of the law.
Learn more about DUI charges in Delaware County, PA:
- First DUI in PA
- Second DUI in PA
- Third DUI Charge
- DUI – Controlled Substance (DUI Drugs)
- Delaware Co ARD Program
- Penalties for DUI in Pennsylvania
- DUI Over .16 BAC Level
- DUI Lawyers Delaware County PA
- Professional License DUI Defense in PA
- Driving on a Suspended License – DUI-related
Other Resources for DUI Penalties and DUI Charges in Delaware PA:
- Pennsylvania DUI Sentencing Guide
- Delaware County ARD Program
- CRN Evaluation in DelCo PA
- PennDOT – Ignition Interlock “THE LAW” FAQs
- Ignition Interlock Vendors
- Veterans Treatment Court