RULE L130

Pursuant to the authority of Pa. R. Crim. P. 130, an arresting officer, when the officer deems it appropriate, may promptly release from custody a defendant who has been arrested without a warrant, rather than taking the defendant before the issuing authority, when the following conditions have been met:

1. The most serious offense charged is a misdemeanor of the second degree;
2. The defendant is a resident of the Commonwealth;
3. The defendant poses no threat of immediate physical harm to any other person or to himself or herself;
4. The arresting officer has reasonable grounds to believe that the defendant will appear as required; and
5. The defendant does not demand to be taken before an issuing authority.

When a defendant is released pursuant to this rule, a complaint shall be filed against the defendant within five (5) days of the defendant's release. Thereafter, a summons, not a warrant of arrest, shall be issued and the case shall proceed as provided in Pa. R. Crim. P. 110.

This Local Rule became effective July 1, 1981, by Order of June 4, 1981, of this Court.

RULE L178

1. Prior to admission into the A.R.D. Program in driving while under the influence of intoxicating beverage cases, if the applicant is an out-of-state resident, he must appear in Mercer County, Pennsylvania, before a certified examiner for the administration of the Mortimer-Filkens test, the results of which shall be evaluated by the Court Reporting Network. (75 Pa. C.S.A. 1548.)
2. The out-of-state resident who is accepted into the A.R.D. Program will be required to attend either the Mercer County Counter Attack School Program (75 Pa. C.S.A. 1548) or the equivalent of the Mercer County Counter Attack School Program in the applicant's home county and state.
3. If the Court Reporting Network reports counseling and treatment is necessary, it may be ordered in the applicant's home county and state.
4. All persons who are found guilty of driving while under the influence, plead guilty to driving while under the influence or are accepted into A.R.D. must pay through the Office of the Clerk of Courts, in addition to all other costs, an amount not to exceed $100.00 for use in administration of such cases.
5. All motions requesting admission into the A.R.D. Program shall contain the following: "I request the continuance of any further proceedings in my case until it is determined whether I am eligible for A.R.D., and if I am admitted into it, for the length of time I am in the program, plus ninety days thereafter. "
6. All Orders admitting applicants into the A.R.D. Program shall contain the following: "Defendant's request for a continuance of all proceedings in this case pending a determination of his eligibility for the A.R.D. Program and for the time he is in the program plus ninety days is granted."

This Local Rule became effective July 1, 1984, by Order of June 5, 1984, of this Court.

RULE L4006(e)

When the defendant desires to use real estate located in Mercer County as bail, under Rule 4006(e) of the Rules of Criminal Procedure, the net value of such property shall be established by multiplying the assessed valuation by three and deducting from the result the amount of any encumbrances due thereon . Rule promulgated by Order of February 3, 1981.

RULE L4015

1. A defendant charged with a crime in Mercer County, or a third party surety who is not a professional bondsman or an agent or representative of a professional bondsman, may if authorized by the Issuing Authority or the Court execute a bail bond and deposit with the Issuing Authority or Clerk of Courts by depositing money equal to ten percent (10%) of the amount of bail set, but in no event less than fifty dollars ($50.00).
2. The money furnished shall be receipted for, deposited, accounted for, forfeited or returned in accordance with Pennsylvania Rule of Criminal Procedure 4015.
3. If there has been no forfeiture upon full and final disposition of the case, the Clerk of Courts or Issuing Authority shall retain any fees or commissions authorized by law. The balance shall be returned to the person who deposited it with the Issuing Authority or the Clerk of Courts. Notice of the full and final disposition shall be sent by the Clerk of Courts to the person who originally posted the money at his address of record within twenty (20) days of the disposition. Any money not claimed within one hundred eighty (180) days from the date the notice is sent of the full and final disposition of the case shall be deemed as fees and shall be forfeited to the use of the County of Mercer.

1. Both a resident and a non-resident may be eligible to post percentage cash bail at the discretion of the District Justice or the Judge of the Court of Common Pleas.
2. You must post 10% of the bail as set by the District Justice or the Court, but in no event less than $50.00.
3. The defendant must attend all Court hearings in his case, or be subject to being placed in jail on a Bench Warrant issued by the Court, and subject to the bail money being forfeited.
4. After the defendant's case is completed, the Clerk of Courts Office will return the bail to the surety. Bail will be returned only to the person who posted it. There is a minimum 20-day waiting period after the completion of the case before bail will be returned.
5. A surety is liable to forfeit not only the 10% of the bail which has been posted, but also the face amount of the bail if the defendant does not appear as ordered.

___________________________________________________
Defendant
___________________________________________________
Surety

Witness
_______________________________
Date ___________________________

This application is to be filled out by any person placed on bond, whether it be commercial, property or OR.

Name ___________________________________ Telephone No. __________________
Alias ___________________________________________________________________
Address ________________________________________________________________
With Whom Living ________________________________________________________
Relationship to this Person ___________________________________________________
Charges ________________________________________________________________
Prosecutor ______________________________________________________________
Single ( ) Married ( ) Separated ( ) Divorced ( )

Date of Birth _______________ Race _____________ Male ________ Female _________
Weight __________ Height _________ Build __________
Color of Eyes _____________ Eyeglasses: Yes _____ No ______ Color of Hair ________
Length of Hair __________ Bald: Yes _____ No _____Partly Bald: Yes ______ No _____
False Teeth: Yes _____ No _____ Describe any physical handicaps: __________________
______________________________________________________________________
Scars: Yes _____ No _____ If yes, describe ____________________________________
Tatoos: Yes _____ No_____ If yes, describe ___________________________________
Facial Marks: Yes _____ No _____ If yes, describe ______________________________
State Previous Convictions: ________________________________________________
Social Security No._____ - ______ - _______ Driver's License No._________________
Motor Vehicle Registration No. ___________________ State of Issuance ____________
State Your Source of Income: ______________________________________________
Employer's Name and Address: _____________________________________________
If unemployed, list last employer and address ___________________________________
______________________________________________________________________
If on Public Assistance, Claim Number _______________________________________
If not on Public Assistance, but have Medical Card,
Medical Card No. _______________
If on Unemployment Compensation, State Claim Number __________________________
Are you under order to pay support? Yes _____ No _____
If yes, what court and for whom? ____________________________________________
______________________________________________________________________
Have you ever been on bond before? Yes _____ No _____ If so, what court? ___
______________________________________________________________________
Do you have any bank accounts? Yes _____ No _____ If yes, name of bank and
address: _______________________________________________________________
Have you ever been a patient in a Mental Institution? Yes _____ No _____
If yes, where and when? ___________________________________________________
Are you addicted to alcohol? Yes _____ No _____ Have you ever received
treatment for this addiction? Yes _____ No _____ If so, where and when? _____________
_____________________________________________________________________
Are you addicted to drugs? Yes _____ No _____ Have you ever received
treatment for this addiction? Yes _____ No _____ If so, where and when? _____________
_______________________________________________________________________
State the names and addresses of any other relatives living in Mercer County:
_______________________________________________________________________
_______________________________________________________________________

(In addition to the Application for Bond, the following information should be obtained from the person posting the Cash Bail and should be attached to the Application for Bond of the defendant.)
Client's Name _____________________________________ No. _______________
Name of third party posting bond _________________________________________
Address _____________________________________ Telephone ______________
Occupation ________________________ Employer _________________________
Employer's Phone No. ___________________
( ) Own Resident ( ) Rent Residence ( ) Own Other Real Estate
If Yes as to Other Real Estate, describe _____________________________________
___________________________________________________________________
Mortgage held by ______________________________________________________
Date of Birth _______ Race _________ Male _______ Female _______
Weight ____ Height_______ Build _____
Color of Eyes _______ Eyeglasses: Yes _____ No _____
Color of Hair _______ Length of Hair __________________
Bald: Yes _____ No _____ Partly Bald: Yes _____ No _____
False Teeth: Yes _____ No _____
Describe any physical handicaps: ___________________________________________
____________________________________________________________________
Scars? Yes _____ No _____ If yes, describe
Tatoos? Yes _____ No _____ If yes, describe _________________________________
( ) Own Automobile ( ) Automobile Financed by _______________________________
Title __________ Plate _____________ Year ______________
Make ______________ Model ____________________________________________
Amount deposited by third party ___________________________________________
Defendant ________ Others ______________________________________________
Have you ever been on bond before? Yes _____ No _____
If so, what court? _______________________________________________________
Do you have any bank accounts? Yes _____ No _____
If yes, name of bank & address: ____________________________________________
Have you ever been a patient in a Mental Institution?
Yes _____No _____ If yes, where and when? _________________________________
Are you addicted to alcohol? Yes _____ No _____
If Yes, have you received treatment for this addiction? Yes _____ No _____
If so, where and when? ___________________________________________________
Are you addicted to drugs? Yes _____ No _____
Have you ever received treatment for this addiction?
Yes _____ No _____ If so, where and when? __________________________________
State the names and addresses of any other relatives living in Mercer County:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Additional Information: ___________________________________________________
_____________________________________________________________________
_____________________________________________________________________

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