MONROE COUNTY OFFICE OF THE DISTRICT ATTORNEY PRELIMINARY HEARING DOCUMENT PACKET NON-DUI RELATED WORKSHEET Name of Docket Year Docket Number OTN Arraignment Date Omnibus Deadline Enter First and Last Name 20xx format Enter docket number Enter OTN mm/dd/yyyy format mm/dd/yyyy format ARD/Guilty Plea Day xx format Month Year Attorney Conference for Fighters Day Month Year Final Status Conference for Fighters Day Month Year Spell out the month Enter the last 2 digits of the year xx format Spell out the month Enter the last 2 digits of the year xx format Spell out the month Enter the last 2 digits of the year Jury Selection Day Month Year xx format Spell out the month Enter the last 2 digits of the year Affiant & Prosecution Info Affiant s Name Affiant s Department Prosecutor s Name Enter affiant s rank and full name Enter name of police department Enter name of ADA DISCOVERY RECEIPT I am in receipt of pages of DISCOVERY Signature of Defense Representative NCIC/CLEAN RECEIPT Copy handed to, defense representative. Affiant s SUBPOENA handed to, police representative. Form 43-000 v3 Non DUI worksheet
OFFICE OF THE DISTRICT ATTORNEY COUNTY OF MONROE PLEA OFFER MEMORANDUM Date of offer / / Plea offer expires on / / Name of Case Caption OTN Prosecuting Attorney Defense Counsel Police Prosecutor List information(s) covered by plea offer (include information(s) to be entirely nolle prossed) Offense Gravity Score Prior Record Score Guideline Range The scores listed above are only estimates and may change when more information become available. List charge(s) offered for plea Information # Count # Charge Statute Offense grade List factual basis for plea List factual stipulations agreed to by all counsel Have all plea factors considered in preparing the plea offer been checked on the following form? YES NO Form 43-010 v1 page 1 of 2 pages
Check all appropriate factors OTN SENTENCING FACTORS Weapons enhancement Weapons enhancement waived Mandatory sentence Mandatory sentence waived Grade based on monetary amount Guidelines based on weight/substance Grade based on prior offense(s) Guideline based on prior offense(s) Other COMMONWEALTH S POSITION AT SENTENCING Open plea-no sentencing agreement No objection to guideline range sentence No objection to probation State Intermediate Punishment Other DEFENDANT S COOPERATION Proffer Court testimony against other(s) Consensual intercept Controlled substance purchase Confidential informant Procurement of inculpatory evidence Deadline for cooperation Other DISPOSITION OF COLLATERAL CASES No agreement on collateral cases Nol pros of all remaining charges in information Additional guilty plea(s) in listed cases Nol pros of all charges in other information(s) Agreement not to file listed additional charges Other RESTITUTION No restitution agreement Restitution agreed to as follows Restitution hearing needed Other BAIL No agreement on bail modification No objection to bail modification after plea Other Staff Attorney s signature Form 43-010 v1 page 2 of 2 pages
COURT OF COMMON PLEAS FORTY-THIRD JUDICIAL DISTRICT CR v. OTN, Clerk of Judicial Records PRAECIPE TO ENTER APPEARANCE Please enter my appearance for the above named. Attorney for (please print) Address _ Please Print Address Phone Phone Attorney ID Attorney For (signature) (Signature) WAIVER OF ARRAIGNMENT I, the undersigned, understand the nature of the charges against me and do hereby waive the arraignment provided for in PA. Rule of Criminal Procedure No. 571 which is scheduled to be held in this case on and do hereby enter a plea of not guilty. I acknowledge, commencing from, the right to request a bill of particulars within seven (7) days; to file a discovery motion and inspection within fourteen (14) days; to file a motion requesting transfer from criminal proceedings to juvenile proceedings pursuant to 42Pa CS 6322 if I was under the age of 18 at the time of the commission of the alleged offense within thirty (30) days, to file a notice of the defense of alibi, insanity or mental infirmity within thirty (30) days; and to file an omnibus pretrial motion for relief within thirty (30) days, unless those times are extended by Order of Court. The last date for filing an omnibus pretrial motion is. NOTICE TO ATTEND COURT PROCEEDINGS I acknowledge that I must personally attend a Status Conference scheduled for the day of, 20, 1230 PM, in Courtroom No. 1, Monroe County Courthouse, Stroudsburg, Pennsylvania. I must also appear for a Final Status Conference scheduled for the day of, 20, at 1230 PM in Courtroom No. 1, Monroe County Courthouse, Stroudsburg, Pennsylvania. I must also appear for Jury Selection on the day of, 20, at 830 AM in Courtroom No. 3, Monroe County Courthouse, Stroudsburg, Pennsylvania. My failure to appear at ANY of these proceedings will result in the issuance of a bench warrant for my arrest and may subject me to incarceration. Attorney for Dated By The Court MDJ Form 43-007 v4 page 1 of 1 page
COURT OF COMMON PLEAS FORTY-THIRD JUDICIAL DISTRICT CR v. OTN, Clerk of Judicial Records PRAECIPE TO ENTER APPEARANCE Attorney for (Please Print) Address Phone Attorney I.D. Number Attorney for (signature) _ (Please Print) Address Phone (Signature WAIVER OF ARRAIGNMENT I, the undersigned, understand the nature of the charges against me and do hereby waive the arraignment provided for in PA. Rule of Criminal Procedure No. 571 which is scheduled to be held in this case on and do hereby enter a plea of not guilty. I acknowledge, commencing from, the right to request a bill of particulars within seven (7) days; to file a discovery motion and inspection within fourteen (14) days; to file a motion requesting transfer from criminal proceedings to juvenile proceedings pursuant to 42Pa CS 6322 if I was under the age of 18 at the time of the commission of the alleged offense within thirty (30) days, to file a notice of the defense of alibi, insanity or mental infirmity within thirty (30) days; and to file an omnibus pretrial motion for relief within thirty (30) days, unless those times are extended by Order of Court. The last date for filing an omnibus pretrial motion is. REQUIRED COURT APPEARANCE PLEA HEARING I further acknowledge that I must personally attend a Plea Hearing scheduled for the day of, 20 at 830 AM, in Courtroom # 1 of the Monroe County Courthouse, Stroudsburg, Pennsylvania and be present in Court on that date and time for a Plea Hearing. My failure to appear will result in the issuance of a bench warrant for my arrest and may lead to my incarceration. Attorney for Dated By The Court MDJ Form 43-005 v4 page 1 of 1 page
COURT OF COMMON PLEAS FORTY-THIRD JUDICIAL DISTRICT CR v. OTN, PRAECIPE TO ENTER APPEARANCE Clerk of Judicial Records Please enter my appearance for the above named. Attorney for (Please Print) Address _ (Please Print) Address Phone Phone Attorney I.D. Number Attorney for (signature) (Signature) WAIVER OF ARRAIGNMENT NON-DUI PROSECUTION I, the undersigned, understand the nature of the charges against me and do hereby waive the arraignment provided for in PA. Rule of Criminal Procedure No. 571 which is scheduled to be held in this case on and do hereby enter a plea of not guilty. I acknowledge, commencing from, the right to request a bill of particulars within seven (7) days; to file a discovery motion and inspection within fourteen (14) days; to file a motion requesting transfer from criminal proceedings to juvenile proceedings pursuant to 42Pa CS 6322 if I was under the age of 18 at the time of the commission of the alleged offense within thirty (30) days, to file a notice of the defense of alibi, insanity or mental infirmity within thirty (30) days; and to file an omnibus pretrial motion for relief within thirty (30) days, unless those times are extended by Order of Court. The last date for filing an omnibus pretrial motion is. WAIVER OF SPEEDY TRIAL AND RULE 600 I, the undersigned, hereby agree to waive the application of Pennsylvania Rule of Criminal Procedure 600 and my right to a speedy trial under the United States and Pennsylvania Constitutions. This waiver shall take effect immediately and continue throughout the period that I am enrolled in the Accelerated Rehabilitative Disposition Program (ARD). I understand and agree that 1. If I am entered into the ARD program, this waiver will remain in effect until the day I either a) complete the program; or b) am removed from the program by court order. 2. If I do not subsequently enter into the ARD program, this waiver will remain in effect until a) I give written notice to the Commonwealth that I no longer wish to enter into the program; or b) I am given written notice by the Commonwealth or the Court that I will not be accepted into the program 3. In the event my admission in to the ARD program is denied through no fault of my own, I may raise the sufficiency of the Commonwealth s prima facie case at a subsequent proceeding. Form 43-003 v4 page 1 of 2 pages
REQUIRED COURT APPEARANCE - ARD I further acknowledge that I must personally attend ARD Admission Court scheduled for the day of, 20 at 830 AM, in Courtroom # 1 of the Monroe County Courthouse, Stroudsburg, Pennsylvania and be present in Court on that date and time for admission in to the ARD program. My failure to appear will result in the issuance of a bench warrant for my arrest and may subject me to incarceration. Attorney for Dated By The Court MDJ Form 43-003 v4 page 2 of 2 pages
COURT OF COMMON PLEAS FORTY-THIRD JUDICIAL DISTRICT APPLICATION FOR ADMISSION ARD (NON-DUI) s Name Attorney OTN Preliminary Hearing Date Waived? Yes No Must waive preliminary hearing to be eligible. I HEREBY DECLARE, UNDER PENALTY OF PERJURY, THAT THE FOLLOWING STATEMENTS ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS MADE HEREIN WILL DISQUALIFY ME FOR ADMISSION INTO ARD AND WILL SUBJECT ME TO THE PENALTIES FOR UNSWORN FALSIFICATION TO AUTHORITIES UNDER 18 Pa. C.S. 4904. 1. I have not been convicted of a criminal offense in any jurisdiction. A criminal offense being defined as one in which an offender could be sentenced to a period of incarceration in excess of one (1) year. 2. The underlying charges against me do not constitute a crime of violence. 3. I am represented by an attorney or I am representing myself. 4. I understand that as a prerequisite to entry in the ARD Program I must waive my preliminary hearing, formal arraignment, statute of limitations and right to a speedy trial under the United States and Pennsylvania Constitutions and Rule 600 of the Pennsylvania Rules of Criminal Procedure. 5. I agree to appear in Court for my ARD hearing. I have been provided with a date and time of the same and understand that my failure to appear will result in the issuance of a bench warrant for my arrest and may subject me to incarceration. I further acknowledge that, if I fail to appear, my waiver of the right to a speedy trial will continue in effect at least until the bench warrant is dissolved. Defense Attorney (signature) (signature) Date (please print) Form 43-009 v1 page 1 of 1 page
COURT OF COMMON PLEAS FORTY-THIRD JUDICIAL DISTRICT CR v. OTN, To Department SUBPOENA ad testificandum Et SUBPOENA duces tecum Upon the demand of the, YOU are hereby ordered by the COURT to lay aside all pretenses and excuses and appear before the COURT to testify on behalf of the COMMONWEALTH in this matter; and you are ORDERED to appear at Courtroom Number ONE in the County Courthouse in Stroudsburg Pennsylvania at 1230 PM., on day of, 20 and remain thereafter until excused, released or dismissed by the Court. YOU are further commanded to bear with you and produce the following As affiant in the criminal complaint, all police reports, investigation files, other documents, including discovery relating to the above named defendant, in the possession or control of your police agency. DATE Subpoena requested by BY THE COURT GEORGE J. WARDEN, CLERK OF COURTS Deputy _ Assistant District Attorney (570) 517-3052 Form 43-000 v4 Affiant s Subpoena
OFFICE OF THE DISTRICT ATTORNEY COUNTY OF MONROE 610 Monroe Street Suite 126 Stroudsburg Pennsylvania 18360 E. David Christine Jr. Tel 570-517-3052 District Attorney Fax 570-517-3863 RE Discovery for Commonwealth v OTN Dear Attorney I am herewith enclosing copies of those documents currently in my possession or control, which is required upon your request under the Pennsylvania Rules of Criminal Procedure. If you would like to meet with me and further discuss any discovery issues, please call to schedule an appointment. You also may inspect any physical evidence relating to the case by making appropriate arrangements through my office. If you have any questions regarding discovery, please do not hesitate to contact me. Pursuant to Rule 573 of the Pennsylvania Rules of Criminal Procedure, the Commonwealth hereby formally requests that you provide the following information (a) If the defendant intends to offer the defense of alibi at trial, notice of such alibi defense along with specific information as to the place or places where the defendant claims to have been at the time of the alleged offense, and the names and addresses of witnesses whom the defendant intends to call in support of such claims; RECEIPT OF DISCOVERY CONSISTING OF PAGES/CDS IS ACKNOWLEDGED THIS DAY OF, 20. By
Page 2 (b) If the defendant intends to offer at trial the defense of insanity, or any claim of mental infirmity, notice of such claim along with specific information as to the nature and extent of the alleged insanity or claim of mental infirmity, the period of time which the defendant allegedly suffered from such insanity or mental infirmity, and the names and addresses of witnesses, expert or otherwise, whom the defendant intends to call to trial to establish such defense; (c) Any results or reports of physical or mental examinations, and/or other expert and/or scientific investigations, tests of experiments made in connection with this particular case, to include copies of any written reports or other documents related thereto, within the possession or control of the defendant, which the defendant intends to introduce as evidence in chief, or which were prepared by witnesses who the defendant intends to call at the trial when the results or reports relate to testimony of that witness; and (d) The names and addresses of any eyewitnesses whom the defendant intends to call in defendant s case in chief. I thank you in advance for your attention to these matters, and I await your response. Very truly yours, E. David Christine, Jr. District Attorney of Monroe County