Rather, the law authorizes the District Attorney for any given county to make the decision as to whether or not your case is appropriate for ARD. Typically, your attorney will gather personal information from you and then assist you with completing the county-specific ARD application. In addition to the application, an experienced attorney will submit a cover letter explaining to the DA who you are, what happened in your case, and why your case should be placed on the ARD program.
At your preliminary hearing, your attorney will speak to the police officer who charged you to get their position on ARD placement and, if they have concerns, your attorney will attempt to convince the police officer that ARD is appropriate under the circumstances. After speaking with the police officer, your attorney will speak to the Assistant District Attorney assigned to your case to find out his or her position on ARD.
If everybody is on the same page and it looks as though ARD is the appropriate way to resolve your case, you will then be required to waive your preliminary hearing. If you are approved, you will be enrolled on the ARD program at your next court date. In most cases, the answer is yes. There are many benefits to the ARD program-if you are enrolled on ARD for a criminal offense and you successfully complete the requirements, your case will be dismissed and you can then have the charge and all court records of the offense expunged from your record.
As I often tell my clients, if you have been charged with your first criminal offense and the offense charged is relatively minor, ARD is an ace up your sleeve and it would be foolish not to use it. There are a few exceptions to the rule, however. Depending on the circumstances of the individual client, an experienced criminal defense attorney may recognize that ARD is not the appropriate way to resolve a case.
This can be true where, for instance, a professional driver or heavy equipment operator has been charged with a DUI.
The program is intended to encourage offenders to make a fresh start after participation in a rehabilitative program and offers them the possibility of a clean record if they successfully complete the program. You can view the entire chapter here. With a dismissed charge, there is no probation, no community service, and no license suspension. Sometimes, criminal charges are weak.
Hiring a lawyer for your DUI can help you understand your options and determine the best course of action. Claim your free consultation today. Call or contact us online. Michael J. By Michael Skinner 23 Jun, In this post, we look at the ARD program, who can get in, and how a lawyer can help.
Eligibility for ARD You will only be eligible for this program under certain circumstances. You may not be eligible if: You have participated in ARD or a similar program within the past 10 years You have more than one past DUI conviction on your record You harmed someone while driving under the influence You had a minor younger than 14 in the car with you You were driving faster than miles per hour You have a poor driving record You have past felony convictions As you can see, this is a complex list of requirements.
Your lawyer can help you with each step. You will fill out a form indicating that you want to be admitted to the program and that you understand all your rights and responsibilities. The judge will ask you personally if you understand your rights and he will sign an order admitted you into the program. You will then be taken to the probation office where you will have to pay the costs of the program a short term payment plan may be allowed at the discretion of the DA and given the rules and regulations.
If community service is ordered it will be set up for you. Once in the program you will have to abide by any rules set down for you. This may include a drug evaluation if for a drug offense or anger management.
If you get arrested it will be most likely be considered a violation and you will be removed from the program. Any time spent on probation or costs paid will be lost to you. If you violate the terms of the program you will be removed from ARD after a hearing. The violation may be an arrest, failure to pay all court costs, failed drug test, etc. If you are found to have violated the ARD program you will be put onto the trial list for the crime as if you were never on the program in the first place.
Your court costs will not be refunded. If you then found or plead guilty you will have a criminal record. Once you successfully complete the ARD program your probation will be over. The charges will then be dismissed. If asked afterwards by anyone, such as an employer, if you have ever been convicted of a crime you can say no.
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