Steve Fairlie, Esquire (the co-chair for the Montgomery County Bar Criminal Justice Section), has kindly forwarded the following information that you will need if you are a Montgomery county practitioner as it relates to the District Attorney’s ARD policies.
Please circulate this to any attorney handling Montgomery County ARD cases.
Attached is a notice from the District Attorney’s Office that reiterates that as of June 1 anyone desiring admission into ARD must have completed all prerequisites such as community service, payment of fines and costs in full, etc. prior to admission. If everything is completed by the first listing the probationary period will be shortened by 6 months. It is anticipated that continuances for attorney scheduling will be treated as a first listing, but be careful to confirm that at the time you request a continuance as I think that policy might change if the DA feels it is being abused. Clients who are below the poverty line will be able to file a petition to have the fines and costs waived in full (file it a couple weeks in advance). The DA will review the petitions and agree with some. If the DA objects then a hearing on the issue of indigency will be held at the time of the ARD hearing, prior to admission. Mr. Fairlie is currently working on a form indigency petition that I hope to be able to distribute soon.
All the best,
James A Funt, Esquire