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Can I waive my formal arraignment?

Kittanning, PA |

Hello, I was arrested on October 7th for DUI. This is my first offense. I was taken back to the station, given a breathalyzer test and released. My Preliminary hearing was on January 14 and I waived it. I signed the waiver of the Prelim and for Counsel. I scheduled my Court Reporting Network Eval that day and completed it on February 5th. I a scheduled to appear for Formal Arraignment this upcoming Wednesday, February 13, 2013 at 8:30AM. like I said, this is my first offense in PA and I would like to be accepted into ARD. Am I able to waive my formal arraignment in this case? How do I apply for ARD in Armstrong County? Can I waive my formal arraignment on the morning of the arraignment date? or the day before? Thank you so much for your help!

Attorney Answers 3


Arraignment can be waived but it is strongly urged that you secure a criminal defense attorney to represent you. There is it that must be done to protect your interests so having an experienced criminal defense attorney is ver important.

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There are some Counties that will allow you to waive your arraignment if you have an attorney. I would contact an attorney in Armstrong County or even the DA's office to see what their procedures are. I do not practice in this County and do not know how they operate.

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The short answer to your question is YES, but there is an obvious practical issue that I see. Since F/A is this Wednesday you have only today and tomorrow to attempt to accomplish that, and you will have to go to the Court House in Kittanning to do it. I guess what I'm saying is, it seems sort of pointless now. Waivers of arraignment are usually done by counsel so the client dos no have to make a trip to court for that administrative step. Let me make a suggestion to you though. You've waived your prelim and right to counsel at that hearing. That suggests to me that you have not a meaningful conversation with a qualified criminal defense attorney experienced in the handling of DUI cases. I think that is a huge mistake. ARD sounds great and from what you've said I would expect that you will be offered ARD. You CAN accomplish all of that on your own, but you will be doing so without knowing whether there was an even more favorable outcome available with the assistance of counsel. Most of the attorneys who participate here, myself included, offer free consultations. Rather than worrying about how you can go to the court house today or tomorrow so you don't have to go on Wednesday, talk to one or more lawyers who can advise you whether or not there is a viable, and more advantageous alternative open to you based upon the facts and circumstances of your case. Nothing ventured, nothing gained they say. Good luck.

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