How long is the ARD program in PA?
How long is the ARD program in PA? In Pennsylvania, the maximum amount of time to complete all ARD requirements is 24 months. However, most people complete the program in between six months and one year.
What is the Accelerated Rehabilitative Disposition (ARD) program?
Luckily, Pennsylvania has a program for people who have never been in trouble before. If this is a first offense and the charges are Misdemeanors, you may be eligible for the Accelerated Rehabilitative Disposition program, known as ARD.
What is the ARD program?
WHAT IS THE ARD PROGRAM? 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.
Can I be readmitted to 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If you have been revoked from the ARD program, and have not been charged with new criminal offenses, it may be possible for your criminal defense attorney to seek your readmission into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.
How long is Pennsylvania ARD program?
How long is the ARD program in PA? In Pennsylvania, the maximum amount of time to complete all ARD requirements is 24 months. However, most people complete the program in between six months and one year.
How long is ARD probation in PA?
ARD probation typically lasts either six months or one year, but can be as little as 30 days for Marijuana possession cases. Once classes and community service are complete the individual must stay arrest free during that period of time.
How does ARD work in Pennsylvania?
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.
Can you get off ARD early in PA?
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.
Do you get drug tested on ARD in PA?
The requirements of the ARD Program include: Attend drug and/or alcohol counseling. Pass routine drug tests to ensure sobriety. Fulfill community service.
Can you get ARD twice in PA?
Pennsylvania ARD Eligibility and Requirements Typically, a first-time offender charged with a minor offense is eligible to join the program. However, ARD is really not a “one-time” thing. An individual can be placed into the ARD program up to three times over a thirty-year period.
How much does the ARD program cost in PA?
ARD costs about $1,000.00, between court costs, safety school, and probation fees. Plan accordingly.
Is ARD considered a conviction in PA?
ARD does not, and has never resulted in a conviction or finding of guilt. Nevertheless, under prior Pennsylvania law, a DUI that was dismissed through the ARD program was treated as a prior conviction for purposes of the mandatory minimum sentence enhancement for repeat DUI offenders.
What happens when ARD is revoked in PA?
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. The District Attorney's Office now has 1 year from the date you are revoked from the ARD program to bring your case to trial.
What happens at the end of ARD?
If the requirements are completed by the end of the ARD period, the Court will then notify you that your case is eligible to be dismissed completely and erased from your criminal record. Once your case has been dismissed and erased, a public record check will be unable to turn up any details regarding the offense.
Can you drink on probation in PA?
Is Alcohol Prohibited On Probation? In most cases, no. You are allowed to drink alcohol while on probation. However, some individuals do have a specific condition of their probation that bans them from drinking alcohol.
What happens when your probation ends?
Probation lapses At the end of probation you can: confirm employment; apply an extension (assuming, that you have grounds for this decision); or. terminate employment if things haven't worked out.
Representation at An Ard Hearing
Your hearing will be before a judge either in a large group of first time offenders or by yourself. You will fill out a form indicating that you wa...
Can I Be Removed from An Ard Program?
If you violate the terms of the program you will be removed from ARD after a hearing. The violation may be an arrest, failure to pay all court cost...
How to Complete An Ard Program?
Once you successfully complete the ARD program your probation will be over. The charges will then be dismissed. If asked afterwards by anyone, such...
Expungement of An Offense After An Ard Program
Once you have successfully completed the program you may file a petition with the Court to have your record expunged. This will erase even the reco...
How long is the ARD program in PA?
In Pennsylvania, the maximum amount of time to complete all ARD requirements is 24 months. However, most people complete the program in between six months and one year.
What happens if I’m denied into the ARD program?
Don’t assume you’re out of options if you were denied acceptance into the ARD program in PA. Thanks to attorney Steven Kellis’ close relationship with the District Attorney’s office, he is able to request that the DA reconsider their decision based on the specific circumstances of your case.
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 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.
How to get into a probation program?
YOU DO NOT HAVE TO PLEAD GUILTY. The judge will ask you personally if you understand your rights and he will sign an order admitted you into the program. You will then be taken to the probation office where you will have to pay the costs of the program (a short term payment plan may be allowed at the discretion of the DA) and given the rules and regulations. If community service is ordered it will be set up for you.
What happens if a DA rejects a person for probation?
If the DA rejects a person for the program there is no appeal to a judge. If approved you will be put on probation for a period of time (usually one year), pay court costs, and may have to do community service. If the defendant successfully completes the probation (gets in no further trouble) the charge will be dismissed ...
What happens if you get arrested in a drug rehab program?
THE MOST IMPORTANT RULE IS: DON’T GET ARRESTED AGAIN. If you get arrested it will be most likely be considered a violation and you will be removed from the program. Any time spent on probation or costs paid will be lost to you.
Can you be dismissed from ARD?
Once you successfully complete the ARD program your probation will be over. The charges will then be dismissed. If asked afterwards by anyone, such as an employer, if you have ever been convicted of a crime you can say no. Your record will show the arrest with a note that the charges were dismissed.
Is the information presented legal advice?
The information presented is not legal advice, and your use of it does not create an attorney-client relationship. No recipient should act on the basis of any content included in the site without seeking the appropriate legal advice from counsel. Lawrence R. Dworkin, Esq. expressly disclaims all liability in respect to actions taken based on any content of this site. Because every case is different, any prior results described on this web site do not guarantee or suggest a similar outcome.
What is ARD in Pennsylvania?
The Pennsylvania Accelerated Rehabilitative Disposition (“ARD”) is a pre-trial diversionary program offered to first time offenders under certain conditions. As conditions of the ARD program, you will be under probation supervision for 6-12 months. You will attend mandatory Highway Safety classes. You may lose your license for some time.
What are the downsides to taking the ARD option?
The one thing to keep in mind is that after completion of the ARD program, you will still have a DUI on your record. This may open you up to a number of consequences such as:
What is ARD?
The Pennsylvania Accelerated Rehabilitative Disposition (“ARD”) is a pre-trial diversionary program offered to first time offenders under certain conditions . As conditions of the ARD program, you will be under probation supervision for 6-12 months. You will attend mandatory Highway Safety classes. You may lose your license for some time. The ARD program cost to you is approximately $1,500 to $2,000.
Who is the best DUI attorney in Pennsylvania?
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.
Can the ARD be expunged?
But what ARD lawyers will not tell you is that even though the criminal record can be expunged, the PennDOT records cannot be expunged for at least 10 years.
What does ARD stand for in Pennsylvania?
ARD stands for “Accelerated Rehabilitative Disposition.” It is a program that all Pennsylvania counties are required to have in place for individuals with no criminal record (or a very limited criminal record) who have been charged with a relatively minor, non-violent offense (s). According to the Pennsylvania Rules of Criminal Procedure, “the program is intended to encourage offenders to make a fresh start after participation in a rehabilitative program and offers them the possibility of a clean record if they successfully complete the program.” Pa. R. Crim. P. Ch. 3, Refs & Annos.
WHAT ARE THE REQUIREMENTS OF THE ARD PROGRAM?
Accordingly, if your case is approved for ARD there will be a number of requirements that you have to complete during the time you are on ARD. Beginning on the date of the hearing at which your case is placed on the ARD program by the judge, you will be placed under the supervision of the local office of Adult Probation. By law, ARD supervision cannot exceed two years. Pa. R. Crim. P. 316. While you are not technically “on probation” during this time because you have not been found guilty of any crime, Probation will keep an eye on you to ensure that you are completing the various things that are required.
HOW DO I GET INTO THE ARD PROGRAM?
Attorney Julian Allatt of Rehmeyer & Allatt has helped countless individuals get their cases placed on the ARD program. A general outline of the process is as follows:
How long is an ARD case on hold?
Essentially, if you have been charged with a relatively minor offense-typically DUI’s, possession of a controlled substance for personal use, or possession of drug paraphernalia, etc.-if you are accepted into the ARD program your case is essentially placed on “hold” for a period of time. During the time your case is on hold-typically one year-the court will impose certain requirements that you must complete within that time. If the requirements are completed by the end of the ARD period, the Court will then notify you that your case is eligible to be dismissed completely and erased from your criminal record. Once your case has been dismissed and erased, a public record check will be unable to turn up any details regarding the offense.
When will the District Attorney review my ARD application?
Between the date of your preliminary hearing and your next court date-called an “arraignment”-the District Attorney’s office will review your ARD application and make a determination as to whether or not your case is appropriate for the program. If you are approved, you will be enrolled on the ARD program at your next court date.
Can you use ARD in criminal cases?
As I often tell my clients, if you have been charged with your first criminal offense and the offense charged is relatively minor, ARD is an ace up your sleeve and it would be foolish not to use it. In most cases, ARD can shorten your driver’s license suspension, lower fines, permit you to clear your record and even help you avoid mandatory jail time.There are a few exceptions to the rule, however. Depending on the circumstances of the individual client, an experienced criminal defense attorney may recognize that ARD is not the appropriate way to resolve a case. This can be true where, for instance, a professional driver or heavy equipment operator has been charged with a DUI. If it is determined that even an ARD disposition to the case will affect that individual’s livelihood, then ARD won’t really help and it may be necessary to explore other options, including taking a case to trial.
How long does it take to complete community service?
Complete some community service (applies to almost all cases. Usually 1-2 days)
What is the ARD program in Pennsylvania?
ARD is a pretrial diversionary program that is used across Pennsylvania to resolve many relatively minor misdemeanor and even some felony cases, such as drug possession, furnishing alcohol to minors, theft, marijuana possession, and driving under the influence.
What is an ARD?
With ARD, a person pleads not guilty to the charges, and the person agrees to complete certain requirements and comply with a list of conditions in order to participate in the program.
Is ARD a prior offense in Pennsylvania?
In the Superior Court’s May 20 th opinion, it held that the Pennsylvania law that makes an ARD resolution a “prior offense” is unconstitutional for DUI sentencing purposes. The Court stated that a prior offense would require a person to have been proven guilty beyond a reasonable doubt, which would mean that the person was convicted or had pleaded guilty. Because ARD is not a conviction and does not require the person to admit guilt, a sentencing court cannot consider ARD as a prior offense and thereby invoke mandatory minimum sentences associated with a second offense of DUI. Simply stated, this means that ARD will not be used to increase the mandatory minimum sentences in DUI cases.
Is ARD a conviction in Pennsylvania?
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.
Can you use ARD for a DUI?
The Pennsylvania Superior Court issued a ground breaking decision and held that participation in Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program for a DUI offense cannot be used to treat a subsequent driving under the influence case as a second or subsequent offense for mandatory minimum sentencing purposes. This decision will have a huge impact on driving under the influence cases that are currently pending throughout Pennsylvania.
Can an ARD be expunged?
ARD completion does not automatically result in the expungement of charges . Most attorneys that provide representation in ARD cases take care of the expungement work for a client. However, many clients choose to represent themselves and fail to take the last step of expunging. When the case is not expunged, the charges remain on the court records and can be considered and used by a sentencing judge without limitation. It is only if the person took that final step of expunging the record that the person can argue that the prior ARD cannot be considered by the judge for sentencing purposes.
Can a judge use discretion?
A judge can still use discretion , meaning the judge’s opinion that a particular case warrants or deserves a more severe punishment. When considering the appropriate sentence, a judge is permitted to consider a prior ARD resolution if the matter was not expunged.
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.
How long does it take to get removed from the ARD program?
The District Attorney’s Office now has 1 year from the date you are revoked from the ARD program to bring your case to trial.
What happens if you violate an ARD probation?
ARD Probation Violation and Revocation Procedures. 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. At your hearing, the Commonwealth must establish ...
What to do if you are revoked from ARD?
However, if you are revoked from the program, you will need representation anyone on all future legal proceedings.
What to do if you have already completed community service?
If you have already completed community service, you must provide documentation to your probation officer. If you have not completed community service, your attorney may be able to pursue an extension of your probation to give you additional time to complete the necessary hours.
Do you have to complete community service hours?
Depending on the county or nature of your charges, you may have been required to complete a certain number of community service hours. Some counties require that your community service provider fill out a special form or provide a letter on their letterhead documenting the completion of community service.
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 ARD in Pennsylvania?
If this is a first offense and the charges are Misdemeanors, you may be eligible for the Accelerated Rehabilitative Disposition program , known as ARD. If ARD is approved by the District Attorney you do not have to plead guilty, are not convicted of a crime, ...
What is an ARD for driving under the influence?
ARD is typically given for Driving Under the Influence cases where no one else was injured as a result. There could be a short license suspension if ARD is given for DUI. If your blood level is between .10% and .159% there is a 30 days license suspension. If the level is above .16% there is a 60 day suspension, and there is no suspension for blood levels below .10%.
How long does ARD probation last?
ARD probation typically lasts either six months or one year, but can be as little as 30 days for Marijuana possession cases. Once classes and community service are complete the individual must stay arrest free ...
Who keeps rap sheet after arrest?
Once the Judge approves the Expungement, all agencies are ordered to destroy all records of the arrest, including the State Police who keep the rap sheet, local police, and the courts.
What is the rule for ARD in a summary case?
This rule provides the general procedures for ARD in a summary case that has been removed to the court of common pleas by the filing of a certification by the district attorney pursuant to Rule 300 (B) (1). Working within the procedural framework of this rule, the president judge has the responsibility of establishing for the judicial district the specific local procedures which will govern ARD in summary cases in the court of common pleas as required in Rule 300 (D).
Who is responsible for designating which classes of offenses or offenders may not be considered for ARD in summary cases?
The district attorney is responsible for designating which classes of offenses or offenders may not be considered for ARD in summary cases. This is accomplished, pursuant to paragraph (B) (2), by the district attorney ’s filing a certification with the president judge.
What is 301 in the juvenile court?
301. Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary.
What is the rule for summary cases before the minor judiciary?
This rule provides the general procedures for summary case ARD before the minor judiciary. Working within the procedural framework of this rule and Rule 300, the president judge is responsible for establishing the specific local procedures which will govern ARD in summary cases before the minor judiciary in the judicial district as required in Rule 300 (D).
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.
Where is accelerated rehabilitative disposition hearing?
Hearing on a motion for accelerated rehabilitative disposition shall be in open court in the presence of the defendant, the defendant’s attorney, the attorney for the Commonwealth, and any victims who attend. At such hearing, it shall be ascertained on the record whether the defendant understands that:
Is acceptance into an ARD program a conviction?
Although acceptance into an ARD program is not intended to constitute a conviction under these rules, it may be statutorily construed as a conviction for purposes of computing sentences on subsequent convictions. See, e.g., 75 Pa.C.S. § 3806 (a).