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Mercer County · 35th Judicial District

DUI and criminal cases in Mercer County: courts and local process

A Mercer County DUI or criminal case starts at one of five magisterial district courts, and a magisterial district judge holds the preliminary hearing. Cases held for court go to the Mercer County Courthouse, 125 South Diamond Street, Mercer, and a DUI defendant is arraigned on the Tuesday of the twelfth week after the hearing, with any ARD hearing held right after. I represent people in Mercer County's courts from my office in Ellwood City.

Last updated October 5, 2026.

Mercer County is the 35th Judicial District of Pennsylvania, and its Court of Common Pleas sits in the domed courthouse at the center of the diamond in the borough of Mercer. Its local criminal rules are short, but several of them change the timeline of a DUI case in ways people do not expect. This page sets them out, with the county's own court, office and jail information. How I approach drunk driving charges is on the DUI defense page.

How does a DUI or criminal case move through Mercer County, step by step?

The county's local rules and court pages describe this order:

  1. Arrest, preliminary arraignment and bail. Under Local Rule 117, the President Judge issues an order each year naming an on-call district judge, so warrants, preliminary arraignments and bail are available at any hour.
  2. Preliminary hearing. Held by the magisterial district judge. At the end of it, the district judge hands you a written notice of your arraignment date (Local Rule 571(b)).
  3. Arraignment in the Court of Common Pleas. On the Tuesday of the eighth week after the preliminary hearing, or the twelfth week if any charge is DUI (Local Rule 571(a)). You must appear unless you sign a written waiver beforehand; otherwise a bench warrant issues.
  4. ARD hearing, for an eligible DUI. Held immediately after the arraignment, and the District Attorney tells each DUI defendant at arraignment whether he or she is eligible (Local Rule 571(h)).
  5. Plea, trial and sentencing. The court's calendar sets separate days for the Call of the List, criminal trials, criminal omnibus motions and Sentence Court.

The statewide timing rule for the first hearing still applies: within 14 days of the preliminary arraignment for a person held only on that case, and within 21 days otherwise (Pa.R.Crim.P. 540(G)(1)). What the judge decides there is explained in what happens at a preliminary hearing, written for Lawrence County but built on the same statewide rules.

Which district court handles my case?

The one whose area includes the place where the incident happened. The county lists five:

Mercer County magisterial district courts, per the county
DistrictAddressJurisdiction
2-11217 Hall Avenue, SharonCity of Sharon; Borough of Sharpsville
2-2425 Idaho Street, FarrellCities of Farrell and Hermitage; Borough of West Middlesex; Shenango Township
3-1123 West Market Street, MercerCoolspring, Delaware, East Lackawannock, Fairview, Findley, Jefferson, Lackawannock, Otter Creek, Perry, Salem, Sandy Creek, Springfield and Wilmington Townships; Fredonia, Mercer and Sheakleyville Boroughs
3-2574 Barkeyville Road, Grove CityDeer Creek, French Creek, Jackson, Lake, Liberty, Mill Creek, New Vernon, Pine, Sandy Lake, Wolf Creek and Worth Townships; Grove City, Jackson Center, New Lebanon, Sandy Lake and Stoneboro Boroughs
3-314 North Race Street, GreenvilleGreen, Hempfield, Pymatuning, South Pymatuning, Sugar Grove and West Salem Townships; Clark, Greenville and Jamestown Boroughs

Summary charges, such as most traffic citations, are tried at the district court. The steps after a citation are in what happens if you ignore a citation.

How does ARD work for a DUI in Mercer County?

Only the prosecutor can move a case into Accelerated Rehabilitative Disposition (Pa.R.Crim.P. 310). Mercer County adds its own requirements in Local Rule 310:

  • The evaluation is in Mercer County. Before admission, a DUI applicant must appear in Mercer County before a certified examiner for the Mortimer-Filkins test, which the Court Reporting Network evaluates (75 Pa.C.S. 3816).
  • Safety school. Everyone accepted must attend the Mercer County Counter Attack School Program, or its equivalent in the applicant's home county and state.
  • Treatment. If the evaluation calls for counseling or treatment, it may be ordered in the applicant's home county and state.
  • The fee. Everyone found guilty of DUI, pleading guilty, or accepted into ARD pays a $150 administration fee through the Clerk of Courts, on top of other costs.
  • The continuance. An ARD motion must ask that the case be continued while eligibility is decided and for the time in the program plus ninety days.

Local Rule 571 adds that the District Attorney keeps ARD application forms at arraignment for people without a lawyer charged with a first DUI or a boating DUI. The statewide program rules are in ARD in Pennsylvania. The license suspension during ARD depends on the test result: none under 0.10%, 30 days from 0.10% to under 0.16%, and 60 days at 0.16% or higher and in some other cases, including drug DUIs (75 Pa.C.S. 3807(d)), as set out in how long ARD suspends your license. Since Act 58 of 2025, a new DUI within ten years after ARD can be charged as DUI following diversion, explained in what DUI following diversion means.

Where do I do the CRN evaluation and DUI school?

For ARD, Local Rule 310 requires the evaluation to be taken in Mercer County, before a certified examiner. The county's courthouse access policy shows that DUI school is held in the evening in the Assembly Room on the courthouse's ground floor, with staff monitoring the south entrance for attendees. At arraignment, Local Rule 571(g) requires every DUI defendant to tell the court whether the evaluation recommended treatment and, if so, whether it has been completed; if not, the court may change bail to require treatment through the TASC program. The county does not post the evaluation or school fees online. How the evaluation works is explained in the CRN evaluation and alcohol highway safety school.

How is bail posted?

Local Rule 528 lets a defendant or a private third party deposit 10% of the bail with the district judge or the Clerk of Courts, never less than $50; professional bondsmen and their agents cannot use it. When the case is over, the balance, less fees and costs allowed by law, is returned within 20 days to the person who posted it, and money unclaimed 180 days after notice goes to the county. The surety forfeits the deposit, and owes the full bail, if the defendant fails to appear. More about release conditions is in how bail is set after an arrest.

How do I reach the District Attorney or a public defender?

The District Attorney's office is at 125 South Diamond Street, Suite 209, (724) 662-3800, extension 2287. The Public Defender's Office represents qualifying adults and juveniles with current criminal charges in Mercer County. It is in the Courthouse Annex, 120 South Diamond Street, Suite 1, open from 8:30 a.m. to noon and 1:00 to 4:30 p.m.; to apply, call (724) 662-3800, extension 2528.

Where are court records kept?

The Clerk of Courts, Suite 112 of the Courthouse, extension 2248, is the filing office for every criminal case in the Court of Common Pleas, summary appeals and bail applications, and it also runs the Cost Collections Department that enforces fines, costs and restitution. The Clerk reports motor vehicle dispositions to the state as well. Docket sheets can be searched on the UJS Portal. Sealing or clearing an old record is covered in clearing a criminal record.

Which jail and police agencies are involved?

  • Mercer County Jail: 55 Thompson Road, Mercer, (724) 662-2700. The county gives a capacity of 310 and an average daily population of 201 in 2024, with more than 4,500 admissions and releases a year.
  • State Police, Mercer station: 139 Steingrabe Road, Mercer, the Troop D station listed for the county.

What police may do at the roadside is in your rights during a traffic stop.

DUI questions that apply in Mercer County

Criminal questions that apply in Mercer County

What changes the answer?

  • Whether a DUI is charged. It moves the arraignment from the eighth to the twelfth week after the preliminary hearing (Local Rule 571(a)).
  • ARD eligibility. The District Attorney decides, and announces it at arraignment; the ARD hearing follows right away.
  • Where you live. An out-of-state or out-of-county driver still takes the evaluation in Mercer County, but safety school and treatment may be done at home under Local Rule 310.
  • A drug or alcohol problem without ARD. The county's Treatment Court accepts people who are not eligible for ARD and are not charged with a violent or registration offense; it lasts two to three years.
  • Custody. A person held only on the case gets a preliminary hearing within 14 days (Pa.R.Crim.P. 540(G)(1)).

A worked example

For example, take a hypothetical case (not a real one): a driver from Ohio is stopped in Hermitage and charged with a first DUI. The case is filed with District 2-2 in Farrell. At the end of the preliminary hearing, the district judge hands over an arraignment notice for the Tuesday of the twelfth week after it. Before that date the driver returns to Mercer County for the evaluation required by Local Rule 310. At arraignment the District Attorney says the driver is eligible, and the ARD hearing follows immediately. The driver pays the $150 DUI administration fee through the Clerk of Courts with the other costs, and asks to complete the safety school near home, which the rule allows. Out-of-state license questions are covered in an Ohio driver's DUI in Pennsylvania.

Common mistakes in Mercer County cases

  • Expecting a quick arraignment. A DUI arraignment is about three months after the preliminary hearing, by rule.
  • Losing the arraignment notice. The district judge gives it at the end of the hearing, and missing the date brings a bench warrant.
  • Doing the evaluation out of county. For ARD, Local Rule 310 requires it in Mercer County.
  • Ignoring a treatment recommendation. You must tell the court at arraignment whether you followed it.
  • Sending a bondsman to the 10% program. Local Rule 528 bars professional bondsmen from it.

What to do this week

  1. Find your district number and match it to the table.
  2. Look up the case on the UJS Portal.
  3. If you cannot afford a lawyer, call the Public Defender at (724) 662-3800, extension 2528.
  4. For a DUI, ask about scheduling the evaluation in Mercer County.
  5. Count forward to your arraignment Tuesday and put it on the calendar.
  6. Keep every notice from the court and from PennDOT together.

Frequently asked questions

Where is the Mercer County Courthouse?

At 125 South Diamond Street, in the center of the diamond in Mercer. What is inside, and how to get through security, is described in what to expect at the Mercer County Courthouse.

Can I waive my arraignment?

Local Rule 571 says you must appear unless you sign a written waiver before the date. In a DUI case you still report, on the record or in writing, whether treatment was recommended and completed.

Is ARD available for a boating DUI?

Local Rule 571 mentions ARD application forms for people charged with a first-offense DUI or a boating DUI. Whether a particular case is accepted is still the prosecutor's decision.

I live in Butler or Lawrence County. Where will my case be heard?

In Mercer County, where the arrest happened. Your home county's process is different, as the Butler County courts page shows. Cases from my home county are covered on the Lawrence County courts page.

Do you take Mercer County cases?

Yes. I represent people charged with DUI and criminal offenses in Mercer County, alongside my work in the neighboring counties, including Beaver County.

If you have a DUI or criminal case in Mercer County, I can tell you where it stands and what comes next. You can read more about my practice, and the first consultation is always free and confidential.

Sources

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