Below you will find the answers to the most commonly asked questions about the ARD Program in Bucks County, PA. However, the quickest way to determine if you are eligible for the ARD Program in Bucks County is to contact us!
Accelerated Rehabilitative Disposition (ARD) is a pre-trial diversionary program for first time non-violent offenders. Completion of ARD avoids a criminal conviction and allows a defendant to avoid mandatory terms of imprisonment associated with convictions for the charged offenses. If you successfully complete the ARD program, your criminal record can be expunged.
ARD stands for “Accelerated Rehabilitative Disposition.” It is a pre-trial diversion program required by the State of Pennsylvania to promptly dispose of all charges for first-time offenders, as long as the conditions are met.
ARD is considered a diversionary program. It is an alternative to trial, to conviction, and to some of the mandatory penalties a conviction brings. As a result, the ARD program in Pennsylvania can help first-time offenders:
In Pennsylvania, eligibility for ARD depends upon a variety of factors:
To apply for the ARD Program in Bucks County, you must be a first time offender. You are a first time offender if you have no prior criminal history or pending charges at the time of your criminal offense. However, you are not a first time offender if you have ever been convicted of any misdemeanor or felony crimes in this or any other state or jurisdiction (including military tribunals) or if you have ever been placed on ARD or its equivalent in this or any other state or jurisdiction.
Charges such as Possession of a Controlled Substance, Theft, and Driving Under the Influence of Alcohol or Controlled Substance (DUI) are typically appropriate for the ARD program. In addition, the following are typically appropriate:
Eligibility for the ARD Program in PA depends upon the charges. Criminal charges that are NOT eligible for the ARD Program in PA:
If you are facing DUI charges in Bucks County, you may be eligible for the ARD Program. For your DUI to be eligible for ARD, it must be your first offense. In addition, no person was killed or seriously injured other than you and there were no passengers in your vehicle under the age of 14 at the time of the DUI.
Your DUI is not eligible for the ARD Program if:
If you are approved for the ARD program, there will be a number of requirements that you must fulfill. Though the specifics vary from case to case, generally the requirements are as follows:
You will be required to complete at least 10 hours of community service which must be verified by the Bucks County Adult Probation and Parole Department. In addition, it is your responsibility to submit a completion letter to the Bucks County Adult Probation Department from the agency’s community service program director indicating your community service has been completed. Under no circumstances will on-line community service be accepted.
ARD probation is normally non supervised. The only conditions of ARD probation are to complete your ARD requirements and to remain arrest free during the period of probation.
In a DUI case, you cannot be placed into ARD without a completed CRN evaluation. CRN is an acronym for Court Reporting Network. Required for all DUI offenders in the State of Pennsylvania, the CRN evaluation is a pre-screening tool used to determine if you will be referred for a more comprehensive drug and alcohol assessment.
You must schedule your CRN evaluation within 72 hours of your Bucks County Preliminary Hearing. While your evaluation does not have to be completed in 72 hours, you must make an appointment in that time frame. A CRN appointment takes approximately 60 minutes to complete.
If the CRN evaluation indicates that you have an alcohol or drug addiction, you will be ordered to complete the recommended treatment or rehabilitation. You will be admitted to ARD only if you have taken substantial steps to address your addiction by professional intervention.
A Drug and Alcohol Assessment is required for DUI offenders. The assessment is a diagnostic tool that is used to gather detailed information about your unique situation, how drugs and alcohol may be negatively impacting your life, as well as to determine your appropriate treatment that is required by law.
Attendance at Alcohol Highway Safety School (AHSS) is mandatory for anyone admitted into the ARD program for DUI in Bucks County. The purpose of this 12.5 hour class is to educate individuals about drugs and alcohol along with their effects on judgment and metabolism, addiction, and highway safety. The cost is currently $200.00.
The Pennsylvania ARD Program requires the Court to mandate license suspensions based on the offender’s Blood Alcohol Concentration (BAC) levels. Participants in the ARD must serve their license suspensions in their entirety.
Mandatory suspensions the Court implements for the ARD based on the offender’s Blood Alcohol Concentration:
Prior to being formally placed into the ARD program, you are required to pay a minimum fee of $1,100.00 towards court costs. To satisfy your ARD requirements and qualify for expungement, you must pay all court costs in full.
The length of the ARD program can be anywhere from 6 to 24 months. The typical length of the ARD program in Bucks County is 12 months. However, it can be shortened to 6 months if you complete all ARD conditions before your court hearing. It is your responsibility to communicate with the ARD Unit at the DA’s Office in advance of your court date to determine what conditions must be fulfilled to qualify for consideration for a six month term of ARD.
A recommendation for placement into the ARD program is at the sole discretion of the Bucks County District Attorney’s Office. Furthermore, the reasons why you may be denied ARD are:
No, you may not reapply. Once your ARD application is submitted, a second application will not be accepted. However, you may file for ARD reconsideration within 30 days from the date on your rejection letter. Late reconsideration requests will be denied.
Depending on the violation, the District Attorney has the option to revoke you from the ARD Program. If you do not complete your ARD requirements in time, the district attorney can ask for an extension of your term to allow you time to complete them. Should this occur, you will have to pay the additional fees associated with the extension. If you receive a new criminal charge, you will likely be revoked from the ARD program immediately. You can then enter into a plea agreement or go to trial.
Yes. If you violate any condition of ARD, the district attorney may file a motion with the court seeking to remove you from the ARD program. Moreover, 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. If the court finds that you violated any conditions of ARD, the court may remove you from ARD. At that point, the underlying DUI prosecution is reinstated and the case proceeds as if it had never been diverted to the ARD program.
If you complete the ARD program successfully, you qualify for a record expungement, meaning that your criminal record can be cleared of the arrest and charges after completion of the ARD program.
Effective April 1, 2013 in Bucks County, PA: Upon successful completion of your ARD agreement in Bucks County, PA, the Court will automatically dismiss the charges against you and your criminal record will be expunged pursuant to Rules 319 and 320 of the Pennsylvania Rules of Criminal Procedure. If you were granted ARD between June 1, 2011 and March 28, 2013; your case will not be automatically expunged. You may petition the courts for expungement if you have successfully completed all of your ARD requirements.
In other counties such as Montgomery County and Lehigh County, you are eligible to have your criminal record expunged, but it is not automatic.
It’s important to have an experienced, knowledgeable criminal defense attorney guide you through the ARD process. Keith J. Williams has decades of experience defending clients against criminal charges and has a comprehensive understanding of the laws and procedures governing the ARD Program.
Keith J. Williams can provide a full evaluation of your case to determine if you qualify for the ARD program and if the ARD program is the right option for you. He will help you successfully apply for admission as well as be by your side to help you complete all the required steps of the ARD program.
To find out if you are eligible for the ARD Program in Pennsylvania, call experienced ARD attorney Keith J. Williams at 215-340-1134.
