Criminal Defense | Pennsylvania ARD, Montgomery County, PA
The Martin Law Firm is a Blue Bell, PA criminal defense firm that represents those charged with DUI, drug possession and other criminal matters. Generally speaking, those who are charged with certain offenses and who have a clean criminal history may qualify for the Accelerated Rehabilitative Disposition program. ARD is available in all Pennsylvania counties; however, each county may adopt unique procedures for the ARD program. The Martin Law Firm is experienced in Montgomery County, PA ARD and ARD programs throughout the surrounding counties.
Purpose of the PA ARD Program
The purpose of the Montgomery County, PA ARD program is the rehabilitation of an offender and the prompt disposition of PA criminal charges. Individuals who are first time offenders are eligible. The ARD program in PA is essentially intended to encourage offenders to make a fresh start after participating in a rehabilitative program and offers them the possibility of a clean record if they successfully complete the program.
ARD Procedure
Following an arrest, a preliminary hearing is scheduled. The person charged should have an attorney represent him or her at the preliminary hearing because it is at this stage that ARD is first considered. Generally, the preliminary hearing is waived if the attorney and client agree that the client meets the ARD requirements and the arresting officer/district attorney consent to admittance into the program. Persons charged must then complete and submit an ARD application for formal approval by the district attorney's office. Once approved, a hearing date is set and the person charged will attend the hearing and at that time he or she will be advised of the program requirements. A formal proceeding before the Judge then takes place for admittance into the ARD program. The judge then will order ARD for the person charged and state on the record the conditions of the program. If the judge does not accept the case for ARD, the judge shall order that the case proceed on the charges.
Conditions of Pennsylvania ARD
Conditions of Montgomery County, PA ARD may include loss of license, restitution, fines, costs, probation, alcohol related classes and the period of the program shall not exceed two (2) years.
What if the conditions of PA ARD are violated?
The District Attorney can file a motion alleging a violation. The matter is heard before the Judge who will decide if a violation occurred and if appropriate, the Judge may terminate the ARD and proceed with the original charges.
Completion of Montgomery County, PA ARD
When the person charged has completed the program and complied with the conditions, he or she may move the court for an order dismissing the charges. If no objections are filed, then the Judge shall thereafter dismiss the charges against the defendant. If objections are filed, then the matter is heard before the Judge.
ARD Expungement in PA
When the Judge issues the dismissal of charges, the arrest record is expunged. The person charged may also expunge the records of all PA and federal government departments/agencies having any record of the arrest and/or ARD disposition. This can only be done by filing a petition with the court and obtaining certified copies of the court order and serving it upon all of the departments/agencies.
Contact an Experienced PA Criminal Defense Lawyer
If you have been charged with a Pennsylvania criminal offense such as driving under the influence (DUI), an experienced criminal defense lawyer from the Martin Law Firm can help. The Martin Law Firm offers a free consultation to discuss the charges and assess penalties and options. Whether you want to be considered for the Accelerated Rehabilitative Disposition (ARD) program or take the case to trial, do not hesitate to contact an experienced PA DUI attorney at the Martin Law Firm at 215-646-3980.