Learn about ARD Program Rules in PA
The Accelerated Rehabilitative Disposition (ARD) program in Pennsylvania is a unique opportunity for individuals facing their first criminal charge to take responsibility, rehabilitate, and potentially have their record expunged. Designed for non-violent offenders, the program focuses on second chances, allowing participants to avoid the long-term consequences of a conviction. However, success in ARD depends on understanding and adhering to its rules and requirements. Failure to comply can lead to removal from the program and reinstatement of the original charges. Whether you’re considering ARD or are already enrolled, knowing the program’s guidelines is critical.
If you’re navigating the ARD process, it’s important to have a knowledgeable attorney by your side. Schedule a consultation with Colgan & Associates today to ensure your compliance and maximize your chances of success.
What Is the ARD Program in Pennsylvania?
The ARD program is Pennsylvania’s initiative to provide first-time, non-violent offenders an alternative to traditional criminal proceedings. Administered by individual counties under the supervision of the district attorney’s office, the program offers a structured path toward rehabilitation.
Objectives of the ARD Program
- Rehabilitation: Emphasizing personal accountability and behavioral change.
- Record Expungement: Upon successful completion, participants can petition to have their record expunged, erasing the offense from public view.
- Avoiding Conviction: Participants who complete ARD avoid a formal conviction, helping them preserve future opportunities.
Each county in Pennsylvania may implement its own guidelines within the broader ARD framework, which underscores the importance of understanding the specific rules applicable in your jurisdiction. To learn more about how the ARD program works in your county, schedule a consultation with Colgan & Associates.
Eligibility for the ARD Program
Not everyone qualifies for the ARD program, as eligibility is determined by both statutory exclusions and individual county District Attorney guidelines. For example, someone arrested in Adams County for leaving the scene of an accident with no injuries is excluded from the ARD program. Other counties will admit those cases. In York County, individuals charged with a sexual offense are not eligible for ARD.
Key Eligibility Criteria
- First-Time Offenders: ARD is reserved for those with no prior convictions or minimal criminal history.
- Non-Violent Offenses: Crimes involving violence, serious injuries, or weapons typically disqualify candidates.
- Approval by the District Attorney: The district attorney in the county where the offense occurred has significant discretion in determining eligibility.
- Time Restraints: Some counties require that the ARD application be submitted at the time of the Preliminary Hearing.
- Waiver of Certain Rights: The accused may be required to waive their Preliminary Hearing in order to maintain ARD eligibility.
- Special Conditions: Prior to the scheduled court date, some counties require a number of program conditions be completed prior to the scheduled ARD court date in order to be approved for the program.
Exceptions to Eligibility
Certain cases may automatically exclude individuals from ARD consideration. However, each application is reviewed on a case-by-case basis. To determine your eligibility and get guidance through the application process, contact Colgan & Associates for a consultation.
Key Rules and Requirements of the ARD Program
Participation in Pennsylvania’s ARD program comes with specific rules and obligations designed to encourage accountability and rehabilitation. Compliance with these requirements is critical to successfully completing the program and gaining its benefits.
Program Length
The ARD program typically lasts between 6 and 24 months, depending on the county and the severity of the offense. Participants must fulfill all requirements within this timeframe, including community service, restitution, and other court-ordered conditions.
Community Service and Restitution
Participants are often required to:
- Complete Community Service Hours: The number of hours varies by case but is generally aligned with the nature of the offense.
- Pay Restitution: If the offense resulted in financial loss or damage, participants may need to compensate the victim or victims.
Supervision and Compliance
During the program, participants are subject to supervision by a probation officer or other designated authority. Key conditions often include:
- Regular drug and alcohol testing. Probation needs to be advised of all prescription drugs otherwise a positive urine test is grounds for removal from the program. An individual with a medical marijuana card will be expected to produce the card and must strictly follow the Medical Marijuana Act to be compliant with supervision requirements in any county.
- Attendance at counseling or educational programs (e.g., DUI education courses).
- Adherence to all state and local laws, with no further offenses during the program.
Meeting these requirements ensures continued eligibility and ultimately leads to program completion. For help navigating these obligations, schedule a consultation with Colgan & Associates.
Can You Leave the State While Enrolled in ARD?
While enrolled in the ARD program, participants often face restrictions on travel, particularly leaving Pennsylvania. These rules help maintain accountability and ensure supervision throughout the program.
Approval for Travel
Participants must typically obtain approval from the court or their supervising officer before leaving the state. The process usually involves submitting a formal request outlining:
- The reason for travel.
- Duration and destination.
- Evidence of compliance with program requirements.
County-Specific Restrictions
Travel permissions and restrictions can vary significantly by county. Some jurisdictions may be more lenient, while others impose strict conditions. Always consult your supervising officer or attorney to ensure compliance.
Tips for Requesting Permission to Travel
- Submit your request well in advance of your travel date.
- Provide supporting documentation, such as proof of compliance with other requirements.
- Ensure your travel plans will not interfere with any court-ordered conditions or appearances.
If you’re unsure about your travel restrictions while in ARD, contact Colgan & Associates for guidance.
Consequences of Violating ARD Program Rules
Failure to comply with ARD program rules can have serious consequences, jeopardizing the benefits of participation and resulting in renewed legal trouble.
Termination from ARD
Participants who fail to meet program requirements may be removed from ARD. Common reasons for termination include:
- Missing deadlines for restitution or community service.
- Failing drug or alcohol tests.
- Committing new offenses while enrolled.
Impact on Your Record
Once terminated, participants lose the opportunity for record expungement and may face full prosecution for the original charges. A conviction could lead to a permanent mark on your record, affecting future employment and housing opportunities.
Legal Consequences
Violating ARD conditions can lead to additional penalties, including:
- Fines or increased restitution.
- Extended probation or supervised release.
- Potential incarceration, depending on the severity of the violation.
To avoid these consequences, it’s essential to stay proactive and work closely with an attorney. Schedule a consultation with Colgan & Associates today to ensure you remain on track.
How Long Is the ARD Program in PA?
The duration of the ARD program in Pennsylvania can vary based on several factors, including the nature of the offense and the specific requirements imposed by the county administering the program. Typically, participants can expect to complete the program within 6 to 24 months.
Factors Influencing Program Length
- Offense Severity: More serious offenses, such as DUIs with aggravating factors, may result in a longer program duration.
- County Policies: Each county sets its own guidelines, so program length may vary depending on local practices.
- Compliance and Completion: Timely fulfillment of requirements like community service, restitution, and counseling can shorten the program, while delays may extend it.
Staying on top of program obligations is essential for a smooth and timely completion. If you have questions about the specific requirements in your county, schedule a consultation with Colgan & Associates to get tailored advice.
Benefits of Completing the ARD Program
Successfully completing the ARD program offers significant benefits, making it an attractive option for eligible first-time offenders.
Expungement
One of the primary advantages of ARD is the opportunity for record expungement. Upon completing the program, participants can petition the court to have their charges removed from public records. This means:
- No public criminal record of the offense.
- Improved chances for employment, housing, and educational opportunities.
Avoidance of Conviction
Participants who fulfill all ARD requirements avoid a formal conviction, which helps preserve their future. This benefit ensures that individuals can:
- Move forward without the stigma of a criminal conviction.
- Maintain eligibility for professional licenses or certifications.
The ARD program provides a chance to make a fresh start. To ensure you successfully navigate the program and achieve these benefits, contact Colgan & Associates today.
Speak With an Experienced Pennsylvania ARD Attorney
Navigating the ARD program can be challenging without proper guidance. The experienced attorneys at Colgan & Associates are here to help you:
- Understand the specific requirements of your county’s ARD program.
- Ensure compliance with program rules and deadlines.
- Protect your rights and maximize the benefits of participation.
Contact Colgan & Associates today to schedule a consultation and let us guide you through this critical process.
Frequently Asked Questions About ARD Program Rules
How long is the ARD program in PA?
The program typically lasts between 6 and 24 months, depending on the county and the nature of the offense.
Can I leave the state while on ARD?
Leaving Pennsylvania while enrolled in ARD requires prior approval from the court or your supervising officer. Restrictions may vary by county, so consult your attorney to ensure compliance.
What happens if I violate ARD rules?
Violating program rules can result in removal from ARD, reinstatement of charges, and loss of expungement eligibility. Additional penalties may also apply.
