ARD is short for Accelerated Rehabilitative Disposition and is a program unique to Pennsylvania. ARD is designed for first-time offenders of certain non-violent crimes who avail themselves to treatment and rehabilitation, and who are unlikely to commit another crime.
Whether or not you qualify for ARD depends on a number of factors. You will only be considered for ARD if you have no prior delinquency or criminal activity or have led a law-abiding life for a substantial amount of time before the commission of the present crime.
Whether or not you are accepted into the ARD program depends upon whether you meet specific criteria. This includes:
- No prior criminal history
- The charge of DUI, assault, or theft is the first offense
- If the offender previously participated in the ARD program, it must have been more than 10 years ago
- No third party was harmed or killed if the offender was involved in a drunk driving accident
- The current DUI involved a passenger under the age of 14.
- The offender has not already been convicted at trial
- The offender successfully applies for admission into the ARD program through the county’s District Attorney’s Office within the deadline
Ultimately, it is the District Attorney of the county in which your offense occurred that determines whether you are accepted into ARD.
What are the steps I need to take to get accepted into the ARD program?
Each county has its own requirements for all ARD applicants. I can help you apply in Philadelphia County, Delaware County, Montgomery County, and Chester County.
What are the conditions of the ARD program?
The specific conditions of the ARD program are determined on a case by case basis. Each individual will be required to perform community service. The number of hours to be completed is usually determined by the District Attorney. In addition, you will be placed under supervision, much like probation. This cannot exceed two years. If your offense involves theft, you will have to pay full restitution (the value of the item stolen). For DUI cases, there is an additional set of requirements that must be met. See the ARD and DUI section below.
Are there costs associated with the ARD program?
The cost of the program varies in each county. State law requires all participants to pay a monthly supervisory fee of $25.00. This can also be paid in full on the day of your ARD hearing.
What happens after I complete the program? Fail to comply with the program?
Upon successful completion of the program, your charges will be dismissed and you will have a clear record.
If you fail to fulfill any of the requirements of the ARD program, the DA will seek to have you removed from the program. When you’re in violation of your ARD program, your original charges will be reinstated. You will be prosecuted on the original charges and you will be sentenced if convicted.
Should I apply for ARD?
Not all individuals who qualify for ARD should necessarily apply. If your attorney thinks the facts of the case warrant a dismissal, or if there is a good chance of being found not-guilty after trial, then ARD may not be the best option.
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Enrique Latoison - author
Managing Partner and founder of Latoison Law, Enrique Latoison, Esq. represents a diverse portfolio of clientele, including individuals, families, businesses and working professionals, in all of their legal needs. You can find him on twitter and facebook or write to him at [email protected]. Mr. Latoison earned his Juris Doctorate degree from the James E. Beasley School of Law at Temple University, where he received awards in class excellence and accolades in distinguished class performance and outstanding trial advocacy.