Section 311. Application Process and Notice of Motion by Attorney for the Commonweatlh

(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.

Comment

No particular form of ARD application or application procedure is required.

Official Note

Rule 177 approved May 24, 1972, effective immediately; amended April 10, 1989, effective July 1, 1989; amended January 31, 1991, effective July 1, 1991; renumbered Rule 311 and amended March 1, 2000, effective April 1, 2001.

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). empty