In Pennsylvania, the Accelerated Rehabilitative Disposition program (ARD) functions as a vital alternative to traditional criminal prosecution for eligible, non-violent offenders. ARD is designed to address a critical, yet often overlooked, goal of our criminal justice system – the rehabilitation and reintegration of criminal offenders back into society. It offers a second chance and reduces the deleterious consequences that a criminal conviction would otherwise have on an individual’s life. This article explores the important advantages ARD offers eligible defendants who are charged with a crime.
What is ARD?
ARD is a pre-trial diversionary program provided by the Pennsylvania Rules of Criminal Procedure. It is administered by the district attorney of each county who has discretion to admit or deny a defendant’s application into the program. This decision is based upon a variety of factors such as the severity of the offense, an applicant’s likelihood of success in the program, and whether the applicant’s admission would be beneficial to society at large.
If admitted, the ARD program suspends formal criminal proceedings on the condition that the defendant complies with offense-specific requirements of the program. These requirements may include completing a safe driving course, completing an anger management course, performing community service, or paying restitution.
Am I Eligible for ARD?
Eligibility for ARD and conditions of the program vary from county to county. However, certain DUI offenses are automatically excluded by law:
- when an applicant was found guilty or was previously accepted into ARD for a DUI within the last ten (10) years.
- where applicants are charged with DUI stemming from an accident involving death or serious bodily injury;
- where there was a passenger under the age of fourteen (14) in the motor vehicle the applicant was operating.
Applicants must also agree to waive the applicable statutes of limitations and their right to a speedy trial for the period of enrollment in the program.
What Happens If I Complete My ARD Requirements?
The most significant advantage of ARD is the opportunity to avoid a criminal conviction. When a defendant successfully complies with all conditions of the ARD program, the charges are dismissed, and the defendant may move for expungement of the charges from their record, including participation in the ARD program. This is a huge benefit for those who will be seeking employment, housing, or a professional license in the future.
The ARD program represents an important approach to the way criminal justice is administered in Pennsylvania. By emphasizing rehabilitation over punishment, first-time, non-violent offenders earn the opportunity to avoid a criminal conviction while accessing vital support services that are meant to address the underlying reasons for their actions in the first place. ARD also enhances the effectiveness and efficiency of the criminal justice system by freeing up resources and allowing prosecutors to focus on more serious criminal offenders.
To discuss whether ARD may be appropriate in your situation, contact us today at 717-848-4900 or at dmaninfior@cgalaw.com to schedule a consultation with our office today.
Derek T. Maninfior
Attorney
Read Derek’s full bio here.
