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What is required of you depends on your crime. Failure to complete any condition of your probation results in a revocation of your probation. 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. 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. Section 17 Probation vs. ARD in Pennsylvania for First Time Offenders. However, Northampton county takes longer and typically runs six to eight months after the order is granted for all the records to be updated. DUI cases that fall under the heighten scrutiny category are as follows: - General Impairment Violations With Accident or Refusal under 75 Pa. § 3802(a)(1); - BAC of 0. If you fail to complete the program, you must serve the penalty for the charges to which you have already pled guilty.
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Were you charged with drug possession in Pennsylvania with or without a prior criminal record? Special conditions are specific to each ARD participant, based on the facts of the case and the defendant's needs. A DUI conviction can cause a myriad of legal, personal, and financial problems for you, whether you remain in Pennsylvania or move to a new state. If you think you might be eligible, or if you are not sure, contact an experienced attorney at Young, Marr, Mallis & Associates. Three (3) or more DUI's within the last twenty (20) years. 75 Pa. C. S. §3807(a). Can you leave the state on ard 3. These include the particular circumstances of your violation and DUI arrest, as well as the importance of avoiding jail time. The person was going to smoke marijuana in his car at the park, but never got the opportunity because the police officer pulled in and he didn't want to get caught so he tried to pull out of the park. Pennsylvania law specifically prohibits state agencies from considering any conviction that has been expunged in deciding whether to issue a license, certificate, or registration. 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. You should bear in mind that the maximum allowable period of ARD probation supervision is 2 years, so the court cannot keep you on ARD probation for more than this timeframe.
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The hearing will provide the defendant an opportunity to address the Court. If the person successfully completes ARD, then the case is dismissed and the person is considered not convicted of the crime. If you are eligible for the ARD program, this is a true second chance where you learn to be better and avoid letting one mistake ruin your life. The maximum time period to finish ARD is 24 months. Note: Once the York County District Attorney's Office receives the signed and certified document, the expungement process will begin. Consequently, Americans can be considered. Once an arrest or conviction has been expunged, you can legally deny the existence of the offense. Some of those factors include: (1) the strength of the Commonwealth's case against you. Driving-under-the-influence (DUI/DWI) – If you drive under the influence, and it leads to no one being harmed other than yourself and your own property, you are eligible for the ARD program. In some counties, ARD can be an option for summary offenses as well as indictable offenses. ARD Removal: You'll Be Staying, Thanks. Both programs require the payment of all court costs in order to complete the program and have the charges dismissed. 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.
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Once your ARD is completed, including the payment of all fees and court costs, the original charges are dismissed. T. M. Best DUI Defense in PA. You must waive your right to a speedy trial. It is important to recognize that Berks, Lancaster and Lebanon Counties all have different requirements for entry into their ARD programs. 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. Accelerated Rehabilitative Disposition court is the date that the ARD probation begins. More importantly, he can help you avoid costly legal mistakes that could harm you even more in the future. What Charges are Eligible for the ARD Program? | MVSK Law. The requirements of the programs vary; however, both will result in either automatic expungement or expungement eligibility upon successful completion. Tim did great, and I'll always be grateful! Pennsylvania's ARD program is designed to identify defendants who may be responsive to drug treatment and rehabilitation. The above list is viewed with varying degrees of severity by the Commonwealth and some violations will be almost an automatic removal while some may be easily remedied by just paying money for fines or restitution.
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You have a criminal record with multiple convictions, one of which was within the last 10 years. Learn the answers to the most commonly asked questions about expunging a record in Pennsylvania. Successful completion of ARD may result in dismissal and expungement of criminal charges. Failure to attend the violation hearing could result in removal from the ARD program and potentially a warrant for their arrest. Can you leave the state on ard 7. You will be required to attend this hearing, and your failure to attend will lead to the issuance of a warrant for your arrest. A general outline of the process is as follows: During the initial meeting with a client, an experienced criminal defense attorney will be able to make an assessment of whether your case would be eligible for ARD in the county in which you have been charged. Participating in ARD means that you will have to complete the program's requirements within the specified period. 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.
Each county establishes its own rules. It can even come down to individual prosecutors as to whether or not your case will be eligible for ARD. Anyone who fits this description may be eligible for Section 17 in Pennsylvania at the discretion of the court. Either way, we can help you.
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