Pennsylvania ARD Program Lawyers
Are you facing first offense DUI charges, criminal charges or simple drug possession charges? If so, you may be eligible for the Pennsylvania ARD Program. Consulting with a DUI defense attorney is a wise move.
For a free case analysis please contact our team of DUI defense lawyers. They have many years of experience helping those in trouble with the law gain entry into the ARD program. Our ARD Program attorneys proudly defend the accused throughout Pennsylvania.
PA ARD Program Overview
The Commonwealth of Pennsylvania’s Accelerated Rehabilitative Disposition Program (ARD) is a special pre-trial intervention program for offenders with no prior or limited record. There is usually an application required for consideration in the ARD program and time frames for that application to be submitted. Our ARD attorneys are familiar with the ARD application process and county specific requirements.
Candidates admitted into the program are closely screened by the district attorney’s office. To be accepted into an ARD program the defendant may have to agree to certain conditions such as making restitution or completing substance abuse treatment. While in the Pennsylvania ARD program, defendants are placed under supervision, similar to probation. They may also be ordered to do community service.
The defendant doesn’t have to admit to any wrongdoing when applying for ARD, but may have to plead guilty to any summary offenses, usually violations of the motor vehicle code. The court may impose costs and assessments, but not a fine. The defendant will waive their right to a speedy trial in order to enter the ARD program.
After successfully completing the program, the ARD offender may petition the court to have the charges dismissed and the case expunged. If the offender does not comply with the conditions of the program, he or she may be removed from the program and the case will be placed back on the trial list. Our attorneys can help individuals navigate through the ARD program to hopefully avoid expulsion from the program.
Eligibility For Pennsylvania ARD Program
Am I eligible for the ARD program? For first time offenders or those with a limited criminal record, the Pennsylvania ARD Program offers a second chance – Accelerated Rehabilitative Disposition. ARD is considered a diversionary or first time offender program, designed to divert first time offenders from entering the criminal justice system. When an offender is accepted into the ARD program, the Commonwealth suspends the charges against the offender, but requires that certain court-ordered conditions are followed. Such conditions may include drug and alcohol counseling, community service, restitution, etc.
Similar to a probationary program, the ARD program requires a period of supervision. Once the program is competed successfully, the original criminal charges are dismissed, and the offender may request the court to expunge the offenders arrest record and ARD participation. In Pennsylvania, admission into ARD is controlled by the District Attorney, who has broad discretion as to whom to allow into the program. Typically, your attorney will assist you in the process of admission into the ARD program, but your counsel should caution you that there are no guarantees.
ARD Program Benefits
What are benefits of the ARD program? You will not be convicted of a crime if you enter the ARD program. Certain first time DUI offenses carry a mandatory minimum jail sentence and completion of the ARD program avoids any jail sanction.
Furthermore, the loss of your operating privileges will be for a short period of time, rather than the full year for a first time DUI conviction. For example, if your blood alcohol is between a .10 and .159, your driving privileges most likely will only be suspended for one month (depending on summary offenses and other variables). If you blood alcohol level is above a .16, then your suspension period will most likely be for two months.
The maximum period for ARD is two years, but for most DUIs the period is one year. Some counties even shorten this period to six months if you have completed all of your requirements. Another advantage is that completing the ARD program allows you to answer no on job applications that ask if you have ever been convicted of a crime. Additionally, after completion of the program, you can go to court to get the arrest record and ARD record expunged. Keep in mind, however, that PennDot and the District Attorney’s office will be aware of your ARD participation.
Any disadvantages of the ARD Program? While acceptance into the ARD program is not a conviction; – it can count against you if you are ever arrested and convicted for a crime later on. This means that when the court sentences you, your sentence will be harsher, because the court will take into account your prior ;conviction; under the ARD program. And if you should be unfortunate enough to be convicted for a DUI, the court will consider this a second strike; and will sentence you to a mandatory 30 to 90 days of imprisonment, usually in the county jail.
How do I know if I am eligible for the ARD Program? Admission into the ARD program is almost completely at the discretion of the District Attorney. While 75 Pa.C.S.A. § 1552 requires that each county in Pennsylvania have an ARD program for people accused of DUI, a defendant can be kept out of the program under Pa.C.S.A. § 3807(a)(2) if one of the following has occurred:
1. The defendant has been found guilty of, or accepted ARD of, a charge brought under Section 3802 within ten (10) years of the date of the current offense. This limitation doesn’t apply, though, if the charge was for an ungraded misdemeanor under Section 3802(a)(2) and was the accused’s first offense under Section 3802.
2. The current DUI involved an accident and an individual other than the accused was killed or suffered serious bodily injury as a result.
3. There was a passenger under 14 years of age in the motor vehicle the defendant was driving. The ARD program changed in some important ways when Pennsylvania’s DUI law was amended on February 11, 2004. For one thing, the, look back period, which governs how far back in time a court can look for prior DUI convictions or ARDs, changed from seven to ten years. Another important change in the law is that a DUI defendant cannot go into ARD if he or she had a passenger in the vehicle who was under 14 years of age. Under the new law, though, a defendant is no longer disqualified from participating in an ARD if he or she violated any of the offenses set forth in 75 Pa.C.S.A. § 1542 (relating to habitual offenders). Just because the defendant isn’t actually prohibited from ARD consideration under 75 Pa.C.S.A. § 3807(a)(2) doesn’t mean she is entitled to participate. The prohibitions set forth in Section 3807(a)(2) are only the minimum criteria, and a district attorney is free to establish more stringent criteria for recommending DUI defendants for ARD.
Should you seek ARD on a first time DUI charge? In most cases, Yes. However, just because you meet the eligibility requirements for the ARD program in a particular county does not mean that you should automatically seek ARD. A number of factors should be considered by both the you and your lawyer when determining whether to seek admission into an ARD program. Some of those factors include: (1) the strength of the Commonwealth’s case; (2) the weaknesses of your case; (3) the particular circumstances of your violation and DUI arrest; (4) the importance of avoiding jail; (5) your prior record; and (6) your personal circumstances and situation. The decision whether to seek admission into an ARD program is ultimately yours, and that decision should only be made after your lawyer has fully informedyou of the options available and the consequences of each.
What happens to someone who accepts ARD? Participating in ARD has some important consequences. If you are ever convicted of a DUI in the future, your sentence may be enhanced because you will be considered a habitual offender. You may also be subject to mandatory license suspensions, and you may be ineligible for OLL and PL (sometimes called bread and butter licenses).
Can you be removed from ARD? Yes. The district attorney may file a motion with the court seeking to remove you from the ARD program if you violate a condition of ARD. Examples of rounds for removal include:
1. A commission of another offense set forth in either the Crimes
Code, Title 18 of the Pennsylvania Consolidated Statutes, or in 75
Pa.C.S.A. § 1542;
2. Failure to make required restitution;
3. Failure to complete the mandated highway safety school program;
4. Failure to complete any other program mandated as a condition of ARD;
5. Violation of the terms and conditions of ARD in any other way.
If the district attorney wants to remove you from the program, he can file a motion with the court, and a hearing will then be held. If the court finds that you violated any conditions of ARD, the court may remove you from ARD. At that point, the underlying DUI prosecution is reinstated and the case proceeds as if it had never been diverted to the ARD program.
ARD Program in Pennsylvania
Our ARD attorneys have helped clients through the whole ARD process from start to finish. The ARD Program in Lancaster is open to DUI offenders and to those charged with offenses other than DUI. There are specific eligibility criteria that must be considered and discussed for Lancaster County offenses.
Lancaster County also has an ARD review panel which exists through the District Attorney’s Office. After applying for ARD, in some cases, an applicant will be scheduled for an opportunity to appear before an ARD review panel.
Our Lancaster County ARD attorneys have represented numerous clients before the ARD panel. Contact us to speak with an attorney familiar with the Lancaster County ARD program.
Contact an ARD Program Attorney
Having experienced legal counsel is a smart move when facing any type of criminal charge, drug charge or DUI charge in the Commonwealth of Pennsylvania. Our lawyers may be able to help you get into the ARD program provided it is a good fit. Please contact our PA DUI defense attorneys today for a free consult.