Additionally, 30 days after completion of the program, you can go to court to get the arrest record and ARD record expunged- cleaned up completely and removed from your past. When a defendant (the person charged with a crime) enters a plea under the Section 17 statute, they are in fact pleading guilty to the crime, but the verdict or conviction is being held in abeyance for the period of time that they are on probation. Given the opportunity to participate in a special pre-trial intervention program called Accelerated Rehabilitative Disposition or. While the prosecutor and the DA have to approve ARD, it is generally easy to get approval unless you are ineligible for some specific reason. See our Expedited Record Clearance Update for information on this important step. If after a full and complete discussion with your attorney about all of your options, you have decided the ARD is right for you, an application for admission into the ARD program is submitted to the District Attorney's Office. A police officer is on routine patrol and decides to drive through the park as part of his nightly duties. What Is ARD Program In Pennsylvania? This may seem like a more appealing option because if you fail to complete the program, you may still have the opportunity to have your case heard at trial. Failure to report new charges within 72 hours to the District Attorney's Office. If you are looking for a great attorney I would highly recommend Tim. He understands the complexities of the laws and how these may affect your plans to move to another state.
Yes, the case can still be used in proceedings involving subsequent juvenile charges, after adjudication of delinquency and in limited civil cases. ARD isn't necessarily easy, though. HOW DO I GET INTO THE ARD PROGRAM? Nebraska enacted the Interstate Commission for Adult Offender Supervision (ICAOS) to control and supervise individuals subject to probation despite movements across state lines. You have pled guilty or no-contest to multiple offenses based on different conduct from different crimes such that they could be tried separately under 18 Pa. C. § 110. Having a criminal record precludes you from several personal freedoms and work opportunities, from which you can't recover. Third, you must not drive in Pennsylvania once your suspension period has begun. We provide legal services in Delaware County PA, Chester County, PA and Montgomery County PA. This process can take several months. For a free consultation with an experienced criminal defense attorney at Young, Marr, Mallis & Associates, call our Pennsylvania office today at (215) 372-8667. You should not make this decision until you have consulted with an attorney and discussed all available options and consequences. I was in jeopardy of losing custody of my only child.
Prior ARD admission, or any other pretrial diversionary program admission/disposition, within the last ten (10) years from the current offense date. Contact your attorney to make sure your suspension is noted. The state of Pennsylvania makes expungement difficult. ARD Probation Violation for Failure to Report or Complete Special Conditions of Probation. We can answer any questions you might have and help you to understand whether ARD might be a good choice or if other options should be explored. Work with a Lawyer to Enter ARD. 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. Otherwise, if your offense was not a "summary offense, " you can only expunge under one of the following circumstances: Your arrest did not result in a conviction. How Do I Get into the ARD Program? Restitution if any property damage occurred. These include paying the ARD fee and completing a CRN evaluation.
What Charges are Eligible for the ARD Program? Meet our Legal Staff. No, not for most offenses. ARD might be a good option for you if you are currently facing a minor drug or a DUI charge.
One important factor is that in most counties, the defendant is required to appear but waive their preliminary hearing (cannot contest the charges even at the initial hearing level). Each county has its own procedures, requirements, and applications for the ARD program. Just because you meet the eligibility requirements for the ARD program in your county does not mean you should automatically seek ARD. If you have any doubts as to whether something should be included in your answer, include it. RECONSIDERATION REQUEST: Defendants who are rejected from ARD consideration will have 30 days from the date of rejection to submit an ARD Reconsideration Request. Also, should you have contact with law enforcement after you have filed the application, that contact must be reported in writing to the York County District Attorney's Office Diversion Unit within 72 hours after the contact. Now that you know what is the ARD program in Pennsylvania, you should schedule a consultation with an attorney at DiCindio Law. What happens once I am in the ARD program? Your attorney may be able to resolve your new charges in a favorable manner, allowing you to continue with ARD on your first case.
Our criminal defense attorneys have years of experience and are ready to help you during a consultation. Accelerated Rehabilitative Disposition court is the date that the ARD probation begins. If your charge is a DUI, you will have to submit to an evaluation to determine whether you have a substance abuse problem and whether you will need to complete drug and alcohol counseling if you are approved for ARD. Specific program requirements vary but, generally Section 17 requires a letter from a doctor stating the defendant has been evaluated for abuse of the drug in question and is drug dependent.
These charges will not be expunged and will be reflected on the defendant's record. Talk To An Experienced Attorney. If the Court elects not to extend your probation, then you will be removed from the ARD program when the judge signs the revocation order. It remains on hold as you fulfill the program, along with any other court-imposed requirements, such as community service. Conditions include things such as: - No new violations of the law. If you have already completed community service, you must provide documentation to your probation officer. Starting on the date that the judge places you in the program, you will be supervised by the adult probation office.
Any late reconsideration requests will be automatically rejected. Contact an experienced DUI lawyer in PA to help you better understand the process. In both circumstances, defendants have the opportunity to have their records expunged upon successful completion of the program. ARD stands for Accelerated Rehabilitative Disposition and is a court program, typically given to first offenders who are unlikely to commit another crime. Get a Free Legal Case Evaluation to Find Out if You Are Eligible. Failure to complete any condition of your probation results in a revocation of your probation. Once your juvenile records have been expunged, your record will not show any convictions, and you can deny any existence of your record on any application, including an application to become a police officer. WHAT EXACTLY IS ARD?
In advocating ARD, it is important to complete an argument that fully fleshes out a client's character beyond the crime at hand. So that neither the arrest or conviction record will appear on a background check that reviews government records. Both of these programs are designed for first-time offenders as a way to resolve cases without a resultant conviction or criminal record.
2nd DUI With Refusal. Statutory penalties, such as losing one's driver's license for a designated period, will still be imposed. Do You Need Legal Help? An offense that requires sex offender registration would not be eligible for expungement.
At that point, documentation will be mailed to the defendant including an expungement petition and instructions. The person consents to the search, because the officer explains that the law in Pennsylvania allows him to search the car upon detecting the odor of marijuana. ARD APPLICATION ELIGIBILITY. If you live in a county where both options are available, you will need to discuss with an attorney whether you meet the eligibility requirements for either program. Violation of the terms and conditions of ARD in any other way.
Contact PA Criminal Attorney Wana Saadzoi Today. Because ARD is a pre-trial intervention, meaning that it is done before a person is even convicted of the crime, it is both timesaving and potentially beneficial for the person who enters the program.