Tag Archives: ARD in Lancaster

Accelerated Rehabilitative Disposition (ARD) is a program in Pennsylvania designed to offer a second chance to eligible first-time offenders. It provides an alternative to trial, conviction, and potential jail time. In Lancaster County, the ARD program plays a crucial role in the local justice system, aiming to rehabilitate individuals and reduce the burden on the courts.

ARD Eligibility and Requirements

To be considered for ARD in Lancaster County, individuals must generally meet specific criteria:

First-time offenders: Typically, ARD is available for those with no prior criminal convictions or prior ARD dispositions.
Non-violent offenses: While the program can be considered for a range of offenses, it is generally not available for serious violent crimes.
Amenability to rehabilitation: Individuals must demonstrate a strong likelihood of successfully completing the program’s requirements.
If accepted into the ARD program, participants are typically required to:

Pay fines and court costs: These fees can vary depending on the specific charges.
Complete community service: The amount of community service required will be determined by the court.
Attend educational or treatment programs: This may include substance abuse counseling, anger management classes, or other relevant programs.
Maintain good behavior: Participants must adhere to specific conditions set by the court, such as avoiding further legal trouble.
Benefits of ARD

Successful completion of the ARD program in Lancaster County offers several significant benefits:

No jail time: Participants avoid the potential for incarceration, which can have a significant impact on their lives and careers.
No criminal record: Upon successful completion, the charges against the individual are typically dismissed, preventing a criminal record.
Reduced driver’s license suspension: In cases involving driving under the influence (DUI), ARD can often lead to a shorter period of license suspension.
Opportunity for rehabilitation: The program provides individuals with the chance to address the underlying issues that may have led to their legal troubles.
The Role of Attorneys

Navigating the ARD process can be complex. An experienced criminal defense attorney in Lancaster County can:

Assess eligibility: Determine if an individual qualifies for the ARD program based on their specific circumstances.
Prepare the application: Assist in compiling the necessary documentation and submitting a strong application to the court.
Negotiate with the prosecutor: Advocate for the best possible outcome for their client, including reduced fees or alternative program requirements.
Represent the client in court: Guide the client through the court proceedings and ensure their rights are protected.
Conclusion

The ARD program in Lancaster County offers a valuable opportunity for eligible first-time offenders to avoid the consequences of a criminal conviction. By successfully completing the program’s requirements, individuals can move forward with their lives and rebuild their futures. However, it is crucial to seek the guidance of a qualified criminal defense attorney to understand the eligibility requirements, navigate the application process, and maximize the chances of successful participation in the ARD program.

By Ed Pfursich, Esquire.

The Driving Under the Influence (DUI) law in Pennsylvania carries serious consequences. A conviction can affect your driver’s license, your job, and your freedom. If you have been charged with a first offense DUI in Lancaster County or anywhere in the Commonwealth of Pennsylvania, the first thing you have to do is understand your options. I tell my clients that you basically have three (3) choices:

1. You can plead guilty and accept the punishment. This usually means going to jail for either 48 or 72 hours, as well as at least a one (1) year loss of license and a permanent criminal record. I usually advise against this option, or at least suggest that we engage in plea negotiations to try to reach a less severe resolution.

2. You can fight the charge. This means going to court and contesting the allegations. There are several ways to fight a DUI charge. Even a client who admits that he was too drunk to drive may have certain avenues of contesting the case. For example, did the police officer have probable cause to conduct the traffic stop that led to the DUI charges? If not, the entire case can be thrown out. Did the police officer follow proper procedures when obtaining a blood or breath sample? Again, if not, the results of those tests can be suppressed (excluded) by the Court. There are a number of other ways that an attorney can attack a DUI prosecution (too numerous to list here).

3. You can apply for a “diversionary program.” In Lancaster County the Office of the District Attorney may offer DUI offenders the ARD program under certain circumstances. ARD stands for Accelerated Rehabilitative Disposition. The benefits of ARD include:

-No jail time.

-No criminal record.

-A significantly shorter driver’s license loss.

Some of the negatives about ARD are:

-It’s expensive- In Lancaster County there is a $600 initial fee payable to the County of Lancaster, followed by additional expenses once accepted into the program.

-You have to give up important rights, such as the right to a speedy resolution of your case and the right to have a preliminary hearing.

-The requirements of ARD are not easy- it usually includes community service and completion of an Alcohol Highway Safety class.

When faced with these choices many of my clients who are eligible for the program chose the ARD option. It’s the safer more predictable choice. Fighting the charge is usually an all or nothing gamble. Either you win and are found Not Guilty or you lose and have to deal with all the consequences of a criminal conviction. However, in some cases, fighting the charge is the best option and I’ve had many clients achieve favorable results by contesting the charge.

If you’ve been charged with DUI, the best thing to do is to consult with an experienced attorney who can review the specifics of your case and advise you as to the best course of action. Every case is different and every client is different. Doing research on your own is a good first step but with such high stakes, you need to talk to an expert.

*Attorney Ed Pfursich (Fur-sik) is a former Lancaster County prosecutor who now practices primarily criminal defense at The Cody Law Firm in Lancaster, Pennsylvania.