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Waiving a Preliminary Hearing

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Why would I waive my preliminary hearing?

If you have never been arrested before and your case and you are eligible for ARD (Accelerated Rehabilitative Disposition) you should wavier your preliminary hearing because when your case gets to the Court of Common Pleas, the District Attorney may not give you ARD if you didn’t waiver your preliminary hearing. If you get ARD you record can later be expunged, so waiving your preliminary hearing for consideration for ARD is good thing as long as your case and you are truly eligible for ARD. Often time there are many factors that make a person or their case ineligible for ARD but thats for a different post; email me if you have a question about the eligibility. You should ask your lawyer this question.

Also note, Philadelphia County is completely different then all other counties in PA and the above post does not apply in anyway to Philadelphia County.

2 Comments on Waiving a Preliminary Hearing

  1. Anonymous // at 12:34 pm // Reply

    Concerning a first-time arrest, what factors can make a person ineligible for ARD in an assault case?

  2. The answer depends on with what type of assault of you are charged. If you are charged with simple assault its easier to get ARD then if you are charged with aggravated assault. Also, the severity of the injuries to the other person. Also, your willingness to pay for medical bills. Also, the other sides' willingness to agree to you getting ard.

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