Tim George

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For someone facing criminal allegations, the thought of a prison sentence (or even just a permannent criminal record) can be frightening. The uncertainty about the impact on your job (or your future employmjent) and your family makes things even worse. Fear of the unkown for someone facing criminal charges for the first time can be overwhelming. The more you know, the better. The better the information you receive, the better you can plan your your case and your future. In Pennsylvania, for some people, criminal allegations can be resolved without a trial, without a conviction and without prison. Even better, the charges can be dismissed and your record cleared if you qualify for a program known as ARD. What is ARD? ARD is short for Accelerated Rehabilitative Disposition. ARD is a pre-trial program designed to divert first-time, non-violent offenders from the criminal justice system. The ARD program suspends the formal criminal prosecution before trial on the condition that the you comply with certain conditions, such as making restitution, completing substance abuse treatment, maintaining employment and the like. You need not admit any wrongdoing when applying for ARD; however, you must plead guilty to any summary offenses (which, if you have any such charges, are usually traffice violations). A person who is accepted into an ARD program is placed on supervision, like probation. The Court also may impose costs and assessments, but not a fine. The maximum period of supervision for someone on ARD is two years. If you successfully complete the ARD program, the underlying criminal charges are dismissed and you are entitled to an expungement of the arrest record and of the ARD disposition. The DA controls the eligilbity requirements The District Attorney controls admission into an ARD program, and has nearly unfettered discretion when formulating polices or criteria to determine which cases will be referred to the ARD program. This discretion is not unlimited, however, and in rare occasions, a District Attorney has been found to have abused that broad grant of discretion when refusing to recommend a particular accused for entry into the ARD program. Conditions are generally not negotiable The conditions imposed upon an accused are normally not negotiable and not subject to challenge. You, however, do not have to accept the conditions imposed by the Court. If you reject the conditions which would be imposed upon entry into the ARD program, the you may proceed to trial. The decision whether ARD is right for you is, therefore, something you should discuss at length with your lawyer after careful consideration of the evidence that is expected to be offered against you at trial, together with consideration of the nature and quality of your defenses. Available before trial only It is also important to recognize that ARD is a pre-trial diversion program, you may not apply for admission into an ARD program after conviction, in lieu of sentencing. Once an accused has gone to trial and is found guilty, admission into an ARD program is no longer an option. Some factors that prevent ARD While 75 Pa.C.S.A.

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