Full Answer
What is Accelerated Rehabilitative Disposition (ARD)?
Nov 29, 2019 · The Accelerated Rehabilitative Disposition (ARD) program is a type of pre-trial intervention program in Pennsylvania. Only non-violent offenders who have no or little prior record are eligible. The goal of the program is two-fold; rehabilitation for the offender and saving state resources by eliminating the costs of trial and other court proceedings while speeding up …
What happens after the ARD program?
The primary purpose of this program is the rehabilitation of the offender; secondarily, the purpose is the prompt disposition of charges, eliminating the need for costly and time-consuming trials or other court proceedings. These rules contemplate that ordinarily the defendants eligible for the ARD program are first offenders who lend ...
How long does the ARD program last for a DUI?
rehabilitation ward A ward or part thereof in the UK which is used to manage patients whose condition requires rehabilitation before discharge. Beds in the ward may be allocated to rehabilitation medicine or to any other specialty, including general medicine, cardiology, geriatric assessment, neurology, neurosurgery and orthopaedic surgery.
What does ARD mean on a criminal record?
ARD stands for Accelerated Rehabilitative Disposition. ARD is a program for first time offenders. If you successfully complete the program, the prosecutor will dismiss the case and you can expunge your criminal record.
How does the ARD program work in PA?
The ARD Program is usually for first time offenders. The program is intended to encourage offenders to make a fresh start after participating in a rehabilitative program and offers them the possibility of dismissal of charges and the expungement of the offender's arrest record upon completion of the program.
How long is ARD in PA?
For most DUI-related ARD supervision, the period of time in the program is one year. Some counties even shorten this period to six months if you have completed all of your requirements. Successfully completing the ARD program avoids a criminal conviction for the ARD offense. An ARD resolution of a criminal case vs.
Is ARD a conviction in PA?
Pennsylvania ARD Program Generally speaking, ARD is NOT considered a “conviction” for most legal purposes. Pennsylvania law does state an ARD acceptance in a DUI case is a “prior offense” of DUI for mandatory minimum sentencing purposes.21 May 2020
Can you get off ARD early in PA?
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.13 Jan 2020
Who qualifies for ARD in PA?
ARD (Accelerated Rehabilitative Disposition) A DUI offense is eligible for ARD under the following circumstances: • It is a first offense within 10 years. No person, other than the offender, was killed or seriously injured. There was no passenger in the offender's vehicle under the age of 14 at the time of the offense.
How much do ARD classes cost in PA?
The ARD program cost to you is $1,500 to $2,000. Under the ARD program, the mandatory license suspension depends on the Blood Alcohol Concentration. if you hold a Pennsylvania CDL license.7 Aug 2018
Is ARD a misdemeanor in PA?
The program is known as Accelerated Rehabilitative Disposition, or ARD. The program is available to those accused of non-violent crimes, usually misdemeanors (though certain felonies may be dealt with via the program).
Is ARD only in PA?
While Pennsylvania law requires that all counties have an ARD program, criteria for admission to the program is not spelled out explicitly under the law. Rather, the law authorizes the District Attorney for any given county to make the decision as to whether or not your case is appropriate for ARD.22 Apr 2015
How long does ARD expungement take in PA?
about five to six monthsThe time it takes varies by court, but the typical case in Pennsylvania takes about five to six months. The courts operate on a first-come, first-served basis, so the sooner you start, the sooner your record is cleared.
What is an ARD hearing in PA?
The Accelerated Rehabilitative Disposition (“ARD”) Program is supervised by the ARD Chief, who reviews criminal cases for potential admission. ARD is a unique program, approved by the Supreme Court of Pennsylvania, generally for first-time offenders who have no prior criminal convictions or prior ARD dispositions.
Do you get drug tested on ARD in PA?
Only the District Attorney's Office can decide whether you can enter the program, which is why having an experienced criminal defense attorney on your side can help. The requirements of the ARD Program include: Attend drug and/or alcohol counseling. Pass routine drug tests to ensure sobriety.
What happens when you get your ARD revoked in PA?
If you have violated the terms of your ARD Probation, the court will schedule an ARD Probation Violation hearing. You will be required to attend this hearing, and your failure to attend will lead to the issuance of a warrant for your arrest.26 Apr 2019
What happens after a criminal case is instituted?
After criminal proceedings in a court case have been instituted, the attorney for the Commonwealth may move, before a judge empowered to try court cases, that the case be considered for accelerated rehabilitative disposition.
When the district attorney has filed a certification to proceed by local option under Rule 300, after institution of criminal proceedings in
(A) When the district attorney has filed a certification to proceed by local option under Rule 300, after institution of criminal proceedings in a summary case, the issuing authority, the defendant, the defendant’s attorney, or any other interested person may request that the district attorney consider the defendant’s case for inclusion in the Accelerated Rehabilitative Disposition Program.
What happens if a defendant refuses to accept the conditions required by the judge?
If a defendant refuses to accept the conditions required by the judge, the judge shall deny the motion for accelerated rehabilitative disposition. In such event, the case shall proceed in the same manner as if these proceedings had not taken place.
When a defendant is accepted into the program of accelerated rehabilitative disposition before the filing of an information,
When a defendant is accepted into the program of accelerated rehabilitative disposition before the filing of an information, the judge shall order that no information shall be filed with the court on the charges contained in the transcript during the term of the program.
What is an ARD motion?
(A) If the attorney for the Commonwealth files a motion alleging that the defendant during the period of the program has violated a condition thereof, or objects to the defendant’s request for an order of discharge, the judge who entered the order for ARD may issue such process as is necessary to bring the defendant before the court.
What are the conditions for ARD?
Upon entry into the ARD program, the court tells you what the conditions are. You must complete your conditions within the term of your ARD program. Some conditions are mandatory in all case. Some are case specific depending on the facts of your case. Conditions include things such as: 1 No new violations of the law 2 Community service 3 Drug and Alcohol Evaluation and follow up treatment if ordered 4 Alcohol Highway Safety School (DUI cases) 5 Attend MADD Victim Impact Panel (DUI cases) 6 Payment of all fines and costs
What is an ARD?
ARD is a program for first time offenders. If you successfully complete the program, the prosecutor will dismiss the case and you can expunge your criminal record. However, expungement after ARD doesn’t really mean that the record goes away forever. For instance, if you successfully complete the program and have the record expunged, ...
How long does a DUI stay on your record?
You will be able to legally state that you have never been “convicted” of a crime. However, a DUI will remain on your driving record for at least 10 years and your participation in the ARD program for any crime will still be accessible to law enforcement agencies and state licensing agencies. ARD is not an admission of guilt.
What is an ARD in Pennsylvania?
ARD is a program run by the district attorney’s office of the county where the offense was committed. The DA’s office has to approve the person’s entry into the program after reviewing the offense and confirming that the defendant has never been convicted of a crime in Pennsylvania or the rest of the country. ...
What to do if you are arrested?
If you are arrested it is important that you contact a criminal attorney immediately. At your first meeting tell your lawyer that you have no criminal record and that this is your first arrest. (DON’T’ LIE). Next comes the preliminary hearing at the District Justice court in the area where the offense was committed.
How long do you go to jail for DUI?
Further, if you are found driving while your license is suspended you will go to jail for 60-90 days and a year will be added to the suspension. And, if arrested again for DUI you will be treated as ...
Can you get your arrest record expunged?
(The only one who will have that information will be the DA since, if you are arrested again, you will not be eligible for the program.) The expungement does not automatically happen. You must file a petition requesting that it occur.
What happens if you violate the ARD program?
If you are found to have violated the ARD program you will be put onto the trial list for the crime as if you were never on the program in the first place. Your court costs will not be refunded. If you then found or plead guilty you will have a criminal record.
What is the purpose of a walk through?
The purpose of the walk through is to present a list of selectable options and the rights you have based on your choices from the selections provided. A PDF detailing all steps of this walk through is available below.
What is an ARD program?
The ARD Program is usually for first time offenders. The program is intended to encourage offenders to make a fresh start after participating in a rehabilitative program and offers them the possibility of dismissal of charges and the expungement of the offender’s arrest record upon completion of the program.
What is the Pennsylvania ARD Program for DUI Offenders?
Pennsylvania’s Accelerated Rehabilitative Disposition Program (“ARD”) has existed since 1961 when it was initiated to provide law-abiding citizens who may have made an uncharacteristic mistake with a way to avoid trial, to avoid a guilty plea, and to avoid any conviction whatsoever by meeting certain conditions.
Other Rehab Programs for First-Time DUI Charges
Other diversionary programs exist in certain Pennsylvania counties as well, and operate under names, rules and procedures specific to that county. For example, many counties have an ARD-type diversionary program that is specifically for people who are facing charges and penalties for a first DUI in Pennsylvania and meet specific conditions.
Is the ARD Program Mandatory for a First-Time DUI Offense in PA?
Neither a judge nor a defense attorney can force a case into ARD against the prosecution’s wishes. Although a defense attorney cannot force a case into ARD, strong and consistent advocacy can sometimes push a DA to admit an otherwise marginal case.
How Our Attorneys Have Helped First-Time DUI Offenders in Pennsylvania
A graduate student suffered a head injury while intoxicated and was accused of Aggravated Assault on two EMT’s and a police officer in three separate criminal cases arising from the same incident.
Contact Our Philadelphia DUI Lawyers Today About the ARD Program
While these results in achieving ARD are extraordinary, they have become ordinary at the law offices of Lloyd Long where unrelenting investigation, preparation and advocacy on behalf of defendants who are seeking ARD is the norm.
What happens if you violate the terms of your probation?
If you have violated the terms of your ARD Probation, the court will schedule an ARD Probation Violation hearing. You will be required to attend this hearing, and your failure to attend will lead to the issuance of a warrant for your arrest.
Can you extend your probation?
At your hearing, the Commonwealth must establish that you have violated your ARD Probation in some manner. If this occurs, the supervising judge can either extend your probation, or kick you out of the program. If your probation is extended, you will have additional time to come into compliance with your conditions.
What to do if you are on probation?
Even if you did not hire a lawyer to handle your ARD case, the first step you should take if you’re facing an ARD Probation Violation is to speak with a criminal defense attorney in your area. An attorney can review potential options, communicate with the probation department or District Attorney’s office regarding your violations and advocate for you in court during your violation hearing. It is extremely important to get an attorney involved early in the process to help increase your chances of a favorable outcome.
Can you get revoked from ARD probation?
It is a condition of your ARD probation to not get trouble with the law. If you are charged with a new criminal offense, your probation officer may seek to have you revoked from the ARD program. It may be possible to avoid an ARD revocation if your new criminal charges are resolved with a summary plea at the preliminary hearing phase of prosecution.
What is the cost of probation violation?
One of the most common reasons for an ARD probation violation is a person’s failure to pay off their fines, court costs and restitution. Depending on the county, court costs and fines typically range from approximately $1,500 to $3,000, and your failure to make regular payments can lead to you having a substantial unpaid balance when your ARD probation expires.
What happens if you are revoked from the ARD program?
If you have been revoked from the ARD program, and have not been charged with new criminal offenses, it may be possible for your criminal defense attorney to seek your readmission into the program. Every county in Western PA has different procedures involved for pursuing re-entry into the ARD program, so you should discuss this with your lawyer.
