Is Pennsylvania's Accelerated Rehabilitative Disposition Right for You?

November 28, 2012

Is Pennsylvania's Accelerated Rehabilitative Disposition right for you?

Success can be defined a number of ways in criminal defense cases. Sometimes, an accused person might be completely acquitted of the charges. A more common way to achieve success, however, is to evaluate all of the factors in the case and then work to reach an outcome that minimizes the negative consequences to the accused person.

One of the benefits of working with an experienced criminal defense lawyer is that a lawyer can help an accused person identify and pursue alternative resolution options. Often, admission into these programs must be requested early on in the process, so it is important to consult with an attorney as soon as possible after an arrest.

One of the more common alternative resolution options in Pennsylvania is called Accelerated Rehabilitative Disposition. ARD is designed for non-violent criminal defendants who have little to no prior experience with the criminal justice system.

What are the benefits of ARD?

ARD is a pre-trial intervention program. As such, defendants who successfully complete ARD are not technically "convicted" of a crime. After the program is completed, their records will be expunged. In addition, they do not have to complete the mandatory jail sentences that are associated with many Pennsylvania criminal offenses.

ARD can be a good option because it minimizes the disruptions to criminal defendants' lives while allowing them to maintain clean records. However, it is not well-suited to every case.

Participants in ARD will be required to comply with a number of strict conditions. Common conditions include participating in anger management, drug and alcohol counseling and paying restitution. Participants who breach the terms of their ARD agreement or who are convicted on a new offense will be removed from the program and will face trial on the underlying charges. Individuals who might have trouble complying with ARD program conditions may want to seek other resolution options.

Moreover, even though ARD does not result in conviction, some defendants may be able to achieve better outcomes by seeking acquittal or dismissal of the charges.

Who qualifies for ARD?

ARD is designed for defendants who are open to rehabilitation. Most participants are individuals charged with drunk driving offenses, though the program is also open to individuals charged with drug crimes, sex offenses, credit card fraud and other non-violent offenses.

Some defendants are automatically disqualified from ARD. For example, in DUI cases, defendants will not be allowed to participate if the offense involved an accident that caused serious injury or death to another person.

Is ARD right for me?

Choosing how to proceed in a criminal defense case is a major decision that should not be taken lightly. Since every case is different, it is important to consult with an experienced Pennsylvania criminal defense lawyer before deciding whether to pursue ARD. The lawyer will be able to work with you to evaluate your case and determine the best course of action for your individual situation.

Article provided by Law Office of Jay C. Whittle
Visit us at http://www.jcwhittlelaw.com