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What Do You Need To Know About The Ard Program In Pennsylvania? | Dicindio Law

Your connections to the new location such as a job or family members. Can You Transfer Your Probation to Another City or State? However, if he wants to ensure that he will resolve the charges without any criminal record he must use one of the programs in accordance with the rules of that individual county. ARD may be reporting or non-reporting, and the non-reporting is usually just a once-a-month check-in requirement by phone or internet. ARD is intended to promote rehabilitation of the person who committed the offense, as well as dispose of the need for a criminal proceedings. No, your disposition does not matter. These letters are not difficult to get and are not always required). Therefore, the sooner you sign up, the sooner your case is heard and decided. Failure to submit a timely ARD reconsideration request within 30 days after date of rejection. To fully weigh each program's pros and cons, speak with a qualified and experienced criminal defense attorney at Young, Marr, Mallis & Associates. Our lawyers may be able to help you get into the ARD program or negotiate lesser penalties for your offense. 2d 1276, (Pa. Super. In DUI cases, ARD only affects the criminal charges against you.

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Please contact our criminal defense attorneys today for a free consultation. Contact a Harrisburg Criminal Defense Lawyer at Scaringi Law (717) 775-7195. We are familiar with ARD process in Berks, Lancaster and Lebanon counties and can help you decide what steps will be best for you given your specific situation. Call us today at (610) 430-3535 to learn more. You may not be charged with any other criminal offenses while on ARD supervision. But not everyone is eligible for the ARD program.

If the defendant is being placed onto ARD with a DUI offense and a drug and alcohol evaluation is required, the drug and alcohol evaluation must be received by the Diversion Unit no later than one week prior to the placement date. In Bucks County he can decide which program makes the most sense for his specific situation. How Can Other States Find My Pennsylvania DUI Conviction? Same offense within ten (10) years (excluding retail theft and bad check). ARD is a pre-trial intervention program for individuals who qualify. You should always disclose your conviction, but also mention that your case was taken before a judge and was deemed in the interest of justice to expunge/seal the record from public view. Deadly Weapon Enhancement applies in conjunction with threatening or assaultive conduct. Disadvantages of the ARD Program. In contrast to Section 17, when a defendant is placed on ARD, they do not plead guilty prior to their probationary program. ยง 4502(a)(3)), 3) are physically and mentally able to perform the functions of a juror, 4) are a United States citizen at the time that you are summoned, 5) are a resident of the county by which you are summoned and are at least eighteen years of age.

However, in most cases a Section 17 is simply non-reporting probation for anywhere from a minimum of 30 days to a maximum of one year. 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. So that neither the arrest or conviction record will appear on a background check that reviews government records. Thus, if they get charged with a new offense while they are on their ARD probation, they can go to trial on the original charge or plead guilty; the choice is preserved since a plea was never entered. Contact your attorney to make sure your suspension is noted. With just the right balance of charm, mild indignation, logic, truth telling, humor, personal anecdotes, relationship building, power of persuasion, professional acumen, trial experience, and so much more, Tim achieved success for me. Some of those factors include: (1) the strength of the Commonwealth's case against you. The Accelerated Rehabilitative Disposition program or ARD is a program offered by all counties in Pennsylvania for people who have very limited or no criminal records and are facing non-violent and minor charges. In more difficult cases, we can also speak with the District Attorney and explain your personal circumstances to assist with your acceptance into the ARD program. Due to a recent change in the law, successful completion of ARD for a DUI cannot be used as a prior conviction for a subsequent DUI arrest.

Can You Leave The State On Ard 2022

Pennsylvania's Section 17 Probation for First Time Offenders. While under ARD supervision, the District Attorney's Office will be responsible for overseeing compliance of defendants on the program. Special conditions include, but are not limited to; drug and alcohol evaluation and any recommended treatment, mental health evaluation and any recommended treatment, anger management classes, no contact order with any victims and an apology letter to the victims. Maybe your partner or spouse has received a promotion but must relocate to accept. How do I know if I am eligible for the ARD Program? Thus, the chances that anyone would be able to know about your juvenile record is highly unlikely. Contact and Hire a Pittsburgh Criminal Defense Attorney ASAP. If the court finds that you violated any conditions of ARD, the court may remove you from ARD.
Preserving ARD is NOT possible in every case. ARD stands for Accelerated Rehabilitative Disposition. ARD does not require a letter, but there is usually a requirement for a number of community service hours ranging from 10 to 24 hours, depending on the county involved. During the time when someone is in the ARD program, he or she is under supervision, which is similar to being on probation. The prosecuting agency and the central repository in Pennsylvania (the Pennsylvania State Police) will keep records of an expunged offense and use the offense for future investigative purposes only, but not for purposes of impeaching your testimony in court or enhancing your sentence for a future offense. Note: Each county differs in the handling of ARD probation violations. In DUI cases, completion of an alcohol driving class. Successful completion of ARD may result in dismissal and expungement of criminal charges. Pro Se defendants may submit their application electronically at the above-mentioned web address or may file a hard copy with the Clerk of Courts Office. The answer is that your case is removed from ARD all together. This was my second DUI in 4 years and I refused any testing which calls for an automatic license suspension. What happens if I violate the terms of ARD? In drug cases, ARD will also allow you to avoid the damaging consequences of a driver's license suspension under Pennsylvania law. You may be prohibited from entrance into Canada and further action will be required to find out whether you will be allowed entrance.
ARD applications must be PACFiled unless the defendant is Pro Se. The ARD program does keep track of whether you've been through the program before, though you don't have to disclose this information to anyone else, such as potential employers. If you do not agree to the terms of the program, A. will be denied and your case will proceed to court where you will either enter a negotiated plea or have a trial. 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.

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If you are facing an ARD Probation Violation in Allegheny County and Western Pennsylvania, contact the Zuckerman Law Firm immediately at 412-447-5580 to schedule a free telephone consultation. Section 17 Probation vs. ARD in Pennsylvania for First Time Offenders. ARD, or Accelerated Rehabilitative Disposition, can offer many advantages for first-time offenders charged with certain crimes. 00 depending on the program and the county. Supervision: ARD participants are ordered to a 12 month period of supervision.

In other counties, expungement is a separate filing that is required in order to make sure your record is wiped clean. Third, you must not drive in Pennsylvania once your suspension period has begun. The District Attorney's office in your county will decide whether your case is ARD-eligible. However, if you are on probation, you may ask yourself can I move out of state while on probation? Having a criminal record precludes you from several personal freedoms and work opportunities, from which you can't recover. Repeated Conduct: Prior repeated conduct of a similar nature to the current offense may cause exclusion from ARD.

When you meet with your attorney at DiCindio Law, your lawyer can assess your case to determine whether you might be eligible for ARD. Violation(s): If a defendant fails to complete the special conditions and/or fails to abide by the general conditions, a petition for removal will be submitted to the Court. 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. An expungement of an underage drinking offense will remove all administrative records of the Department of Transportation relating to said conviction. 2) the strength of your potential defense. And with the stroke of a pen, the original charges will be dismissed. Failure to complete any program mandated as a condition of ARD. Otherwise, successful completion of the Accelerated Rehabilitative Disposition (ARD) program is probably your best chance at having your DUI conviction expunged. In determining whether to grant the expungement, the judge will consider the type of offense, age, history of employment, drug and alcohol problems, adverse consequences that the individual will suffer if the records are not expunged (for example: individual's reputation, his livelihood and future earnings capacity) and the state's interest preserving the record to protect the public. But you and your attorney must convince the prosecutor that your case is eligible for ARD.

The following steps to complete an interstate compact include the following: - Talk to your probation officer; - If your probation officer approves your move, complete your ICAOS application; - Wait for approval from the ICAOS office; - If approved, transfer your application to the state you plan to move to; - Wait until the state you plan to move to reviews your application; - If approved, comply with the new state's reporting instructions; - Pay any fees; and. The costs generally range from $1100. Filing an ARD application with the Clerk of Courts Office must occur after the preliminary hearing, however, the application must be submitted within 30 days from the arraignment date. Am I Eligible for the Pennsylvania ARD Program? This means that, wherever you may move, the local driver's license bureau will have access to your records. There are many lawyers out there who will look at your case, see that it is a first offense and automatically assume that Accelerated Rehabilitative Disposition is the best solution.

Since each case is unique, getting a case-by-case analysis tailored to your specific facts is imperative.

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