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Rule 311 – Application Process and Notice of Motion by Attorney for the Commonwealth

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) When accelerated rehabilitative disposition proceedings are initiated, the attorney for the Commonwealth shall advise the defendant and the defendant’s attorney of the attorney for the Commonwealth’s intention to present the case to an appropriate judge. Notice of the proceedings shall be given also to any victim or victims of the offense charged.
(B) Information or statements supplied by the defendant to the attorney for the Commonwealth in an ARD application shall not be used against the defendant for any purpose in any criminal proceedings except a prosecution based on the falsity of the information or statement supplied.

234 Pa. Code ยง 311

Committee Explanatory Reports:

Report explaining the January 31, 1991 amendments published at 20 Pa.B. 4788 (September 15, 1990) ; Supplemental Report published at 21 Pa.B. 621 (February 16, 1991) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .