Ard Denial And Options

Summary

ARD denial in Pennsylvania can occur due to factors like prior criminal record, seriousness of the offense, or victims objections. If denied, consider plea bargains such as reduced charges or probation. Evidence is presented at disposition hearings, and your lawyer should have obtained it during discovery. Common motions include dismissing charges or suppressing evidence. If communication with your lawyer is lacking, request a meeting or seek a second opinion. Contact the Pennsylvania Bar Association for further assistance if needed.

Full Conversation

Why would that happen
It sounds like you're dealing with a denial of Accelerated Rehabilitative Disposition (ARD) due to prosecutorial discretion. Here are some general reasons why this might happen:
- Prior criminal record
- Seriousness of the offense
- Lack of remorse or responsibility
- Victim's objections
Could you please specify your state to provide more accurate information?
Reading pa
It sounds like you're in Pennsylvania. Here's some general information on ARD denials:
- Prior Criminal Record: Previous offenses may affect eligibility.
- Seriousness of Offense: Severe crimes might not qualify.
- Lack of Remorse: Demonstrating remorse is crucial.
- Victim's Objections: Victim's stance can influence decisions.
Would you like to know more about appealing the denial or exploring other legal options?
Possible plea bargains
In Pennsylvania, when ARD is denied, plea bargains can be a potential alternative. Here are some general options:
- Reduced Charges: Pleading guilty to a lesser charge.
- Probation: Agreeing to probation instead of jail time.
- Community Service: Offering to complete community service as part of the plea.
Would you like more detailed information on how to negotiate a plea bargain in Pennsylvania?
Will the evidence be shown at the disposition hearing
Yes, evidence can be presented at a disposition hearing in Pennsylvania. It allows both the prosecution and defense to present evidence and arguments regarding the appropriate sentence or final judgment.
Would you like more information on what happens during a disposition hearing?
Shouldnt my lawyer already have that from the discovery process
If your lawyer is handling your case, they should have obtained all relevant evidence during the discovery process. This includes any evidence the prosecution intends to use against you. If you believe something is missing, it is essential to discuss this with your lawyer.
Would you like more information on what to expect during the discovery process?
Yes
During the discovery process, both parties exchange evidence and information related to the case. Here's what to expect:
- Disclosure by Prosecution: Evidence, witness statements, and any material related to the charges.
- Defense Review: Your lawyer reviews evidence for inconsistencies or defense strategies.
- Motions: Your lawyer may file motions to suppress evidence if unlawfully obtained.
Would you like to understand more about motions or specific evidence types?
What motions can be filed
In Pennsylvania, several motions can be filed during a criminal case. Here are some common ones:
- Motion to Dismiss: Requests dismissal of charges due to lack of evidence or legal deficiencies.
- Motion to Suppress: Seeks to exclude illegally obtained evidence.
- Motion for Continuance: Requests more time to prepare for trial.
- Motion to Change Venue: Requests a change of trial location due to potential bias.
Would you like more details on any specific motion?
My lawyer advised me not to take it to trial
Your lawyer's advice to avoid trial might be based on factors like the strength of the evidence, potential penalties, and likelihood of a favorable plea bargain. It's important to discuss the reasoning behind this advice with your lawyer to ensure you fully understand your options.
Would you like to know more about the implications of accepting a plea bargain versus going to trial?
Yes
Accepting a plea bargain versus going to trial has significant implications:
- Plea Bargain:
- Reduced Charges: Potentially lesser penalties.
- Certainty: Predictable outcome.
- Speed: Faster resolution.
- Cost: Lower legal fees.
- Trial:
- Risk: Unpredictable outcome.
- Time: Longer process.
- Expense: Higher legal fees.
- Potential Acquittal: If evidence is weak.
Would you like to know more about the plea bargaining process or any specific consequences?
Why hasnt my lawyer talked to me about what he found during the discovery process
It’s important for a lawyer to communicate findings from the discovery process with their client. It could be due to a number of reasons such as busy schedules or strategic reasons. Have you tried directly asking your lawyer for an update on the discovery findings?
I believe hes not talking to me because he thi ks im lieing
It might be beneficial to address this communication issue directly with your lawyer. You can request a meeting or a detailed update. If you're still having trouble, consider seeking a second opinion or contacting the Pennsylvania Bar Association for further guidance.
Would you like more information on how to proceed if communication with your lawyer doesn't improve?
Yes
If communication with your lawyer doesn't improve, you may consider the following steps:
- Request a Meeting: Formally request a meeting to discuss your case.
- Second Opinion: Seek a second opinion from another lawyer.
- Pennsylvania Bar Association: Contact for assistance or to file a complaint if necessary.
Would you like more information on how to contact the Pennsylvania Bar Association or other resources?