FREQUENTLY ASKED QUESTIONS:
Q: I BELIEVE I'M GOING TO BE CHARGED WITH A CRIME. WHAT WILL HAPPEN NEXT?
A: This depends on whether you will be charged with a felony or misdemeanor offense. If charged with a felony, the arresting officer will likely obtain an arrest warrant and have you brought before a District Justice to have a copy of the charges provided to you , and to have bail set. Our office has been successful in the past in making arrangements for our clients to voluntarily surrender to the District Justice office at a pre-arranged time. This allows the client to avoid the stress and embarrassment of being picked up on an arrest warrant at their home or place of work. It also increases the likelihood that we will be able to arrange the client's release on unsecured bail.
If you are going to be charged with a misdemeanor, you will likely receive a copy of your charges in the mail. Included in the paperwork will be a copy of your charges, as well as a notice of the date and time of your Preliminary Hearing. Bail will be set at the time of your Preliminary Hearing. So long as you appear at your Preliminary Hearing as required, it is likley your bail will be unsecured bail.
Q: WHAT IS BAIL?
A: Every defendant in every criminal case is required to have some type of bail set. The purpose of bail is to ensure the defendant appears in court when required. Bail may be monetary bail, or unsecured bail. A monetary bail requires the defendant to post money or property equal to the value of the bail. So long as a defendant appears as required, at the close of the case the bail is returned. If a defendant can not afford bail, he may post bail through a bail bondsman. A bondsman usually requires a fee of approximately 7% of the total bail. Even if the defendant appears as required, the fee paid to the bondsman will not be returned.
Unsecured bail does not require the defendant to post mney or property. The defendants signature is all that is required. However, unsecured bail has a monetary amount attached to it. A defendant who fails to appear for court will have a warrant issued for his arrest, and he would then be responsible to pay the court the monetary amount attached to his bail.
Lycoming County also has "supervised bail". Supervised bail allows a defendant to be released, usually without posting money, but requires the Defendant to report weekly to a bail officer. Supervised bail may also require the defendant to confine himself to his home under the strict requirements of a house arrest/electronic monitoring program.
Q: I HAVE BEEN CHARGED WITH DUI, BUT I HAVE NEVER BEEN IN TROUBLE BEFORE. AM I GOING TO JAIL?
A: Probably not. Pennsylvania has a special probation program set aside for people who have never been in trouble with the law before. It is called ARD, and most people placed on ARD are placed on the program for DUI. ARD supervision can last anywhere from six months to two years. For DUI it's almost always one year. If recommended for the program by the District Attorney, and accepted into the program by the Judge, you will not be required to plead guilty to the DUI, and you will not be convicted of the DUI. You will lose your license for one to six months, be required to complete a number of hours of community service, take DUI education classes, and pay court costs and administrative fees (approximately $1,200.00). So long as you successfully complete the program, at the end of your supervision, the charges will be dismissed, and your record will be expunged.
You should know that if you have previously been charged with DUI, have been given ARD before, were driving without a license, or your DUI resulted in an accident involving personal injury, you will not qualify for ARD.
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