The ARD Program and Other Pre-Trial Diversionary Programs in Philadelphia, PA

Is there a program that will let me keep criminal charges off of my record?

When you are facing criminal charges for the first time, you can be overwhelmed with questions. Like how will these charges affect my work? My family? My future? We know that people make mistakes, and our Philadelphia criminal lawyers have represented many clients who are charged with minor offenses and are extremely concerned about maintaining a clean criminal record. Our criminal defense attorneys will explain to you all the possible options to resolve your charges through the ARD Program in Philadelphia, so you can achieve the best outcome possible.

An Experienced Philadelphia ARD Attorney 

If you are being charged for Driving Under the Influence (DUI), traffic violations or infractions, misdemeanors such as drug possession, or a less serious felony, you may not be facing jail time, but there may be profound collateral consequences that could affect you for the rest of your life. Because the collateral consequences of a criminal conviction can be so far-reaching, it is extremely important that you retain a lawyer with experience in ARD program in Philadelphia, who can help you keep a clean record and protect your ability to advance your career, obtain licensing or immigration, and pursue an education. 

In many cases, if this is a first-time offense or you have not been arrested for any serious crimes recently, our criminal defense attorneys can help you apply to a pre-trial diversionary program and make the strongest request possible in an attempt to avoid a conviction and even have the arrest record expunged and destroyed. 

Our criminal attorneys are most successful in securing entry into a pre-trial diversionary program for first-time offenders, so while there is no formal application for the ARD program in Philadelphia, we will check to see if you have been previously charged or have any prior criminal contacts. There have been cases, however, where we have been able to help clients with prior arrests or who have gone through a program before qualifying for a diversionary program.

If you are facing a misdemeanor or less serious felony charges, there are several programs to which we can help you apply. Two of the most common pre-trial diversionary programs to avoid a conviction are ARD and AMP; both of which our attorneys have unparalleled knowledge and experience to help clients in obtaining entry to keep convictions off their records. 

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What is the ARD Program in Philadelphia, PA?

ARD (the Accelerated Rehabilitative Disposition Program) is the most common diversionary program in Pennsylvania state court because it exists in each county in Pennsylvania. The ARD Program in Philadelphia is a pre-trial diversionary program which allows a defendant with no prior criminal record - or a very old, minor arrest or juvenile matter - to pay a fine, complete community service, or serve a relatively short period of unsupervised probation in order to have all of the charges from the case dismissed and expunged. In DUI cases, the diversionary program may include a short driver’s license suspension as well, which depending on the level of the DUI could only be for a month or two as opposed to the one-year license suspension commonly seen even for a first-time conviction. Thanks to recent changes in Pennsylvania law, it is also now often possible to obtain an ignition interlock device which can help you avoid the license suspension entirely.

Can I get ARD for a felony charge?

Traditionally, the ARD Program in Philadelphia was offered only in misdemeanor cases, however, in recent years, the entry requirements have been loosened both locally and in the surrounding counties. Today, we have been able to obtain ARD for felony defendants with particularly strong mitigation in their background in the greater Philadelphia area. 

In these cases, we are often able to put together compelling mitigation packets in our applications to the District Attorney, including documents such as proof of employment, character letters, and other evidence that the defendant is unlikely to have any future contact with the criminal justice system. Recently, we were able to obtain entry into the program for a client who was charged with felony Aggravated Assault but who had not severely injured the alleged victim. On other occasions, our criminal lawyers have even obtained ARD for second DUI offenses, even when the prior offense occurred within the last ten years.

Qualifying Charges for the ARD Program in Philadelphia

The Philadelphia District Attorney’s Office has recently begun offering ARD for first-time offenders even in more serious cases. Charges that could potentially be resolved through the program in Philadelphia include:

• Driving Under the Influence (“DUI”)

• Theft by Unlawful Taking

• Receiving Stolen Property

• Access Device Fraud

• Commercial Burglary

• Criminal Trespass

• Simple Assault

• Recklessly Endangering Another Person (“REAP”)

• Terroristic Threats

• Drug Possession

• Violation of the Uniform Firearms Act Sections 6106 and 6108

In order to be eligible for the program, the case usually needs to represent an isolated incident that is unlikely to occur again and is of minor severity. Sex crimes or violent crimes in which the complainant suffers a real injury are unlikely to receive consideration. However, if you have no prior record, our attorneys can help you put together an application for the program for many other types of offenses. Every case is different, and we will review the specific details of your charges for the possibility of a diversionary program and explain all your options to you, so you can make the best choice for your case.

What does ARD cost?

ARD can be expensive, but it does guarantee that if the defendant completes the conditions, then the case and criminal record will be dismissed, and the charges will be expunged. The costs of the program can vary depending on the county in which you have been arrested, the charges involved, and whether you have the public defender or a private lawyer.  

In Philadelphia, the exact cost depends on the type of charge, and if the case of a DUI, the level of drugs or alcohol in your blood, but will generally range between $400 and $700 in Philadelphia. In Delaware County, Bucks County, and Montgomery County, the fees can be substantially more. Delaware County routinely charges around $1,500 for participation in the program, where in Montgomery and Bucks County, fees can be as much as $2,000 for a DUI case. 

ARD is usually not offered for violent crimes other than misdemeanor Simple Assault, but it is commonly offered for low-level theft offenses and Driving Under the Influence. Because participation in the ARD program in Philadelphia results in dismissal of the charges and expungement, we typically recommend that if you are eligible for Accelerated Rehabilitative Disposition, you accept the program despite the cost, but each case is different, and we have also advised clients to fight the charges instead. We will never settle for the easiest outcome, so contact us to discuss your specific case and the best options to get you the results you want.

Do I have to do community service as part of ARD?

Community service is often a part of the Accelerated Rehabilitative Disposition program. The state law which created the program does not require the prosecution to make a defendant participate in community service in order to complete the program, but many prosecutors feel that the fines and probation may not be sufficient punishment for the crime, so prosecutors will often attach other conditions to the program. It is very common for the Commonwealth to require a defendant to complete some amount of community service as part of the negotiations.

Is there any jail time with the ARD program?

No. One of the biggest benefits of the ARD program is that it guarantees that you will not go to jail if you successfully complete all of the requirements of the program. It always involves probation instead of jail time.

How long will I be on probation with ARD?

The period of probation will typically range from six months for a DUI case to two years for a more serious felony case. The prosecution will tell you in advance how long you will have to be on probation in order to complete the program. In some counties, such as Montgomery County, the Commonwealth will actually reduce the length of the probation period for a defendant who can pay all of the fees and costs up front - but in turn, they have some of the highest fees in the area for participation in diversion.

Will I have to go to drug and alcohol treatment if I do the ARD program?

Drug treatment, alcohol counseling, and anger management classes could all be part of the program depending on the charges and allegations against the defendant. It is fairly common for the Commonwealth to require some level of drug or alcohol treatment or an evaluation as a condition of the program for a DUI or drug possession charge, while a defendant who receives entry into the program for an assault charge may be required to attend anger management classes. 

The exact conditions of the program vary from case to case, and a defendant may not find out until the day of the hearing exactly what they will be. If the defendant does not want to complete the conditions, then the defendant may reject the program and have the case scheduled for trial.

What happens if I fail out of the ARD Program?

It is possible to fail out of the program, either by failing to complete certain conditions, not paying the costs, or by getting arrested again for another charge. You could also be removed from the program for failure to report to probation as required, but often the probation is non-reporting or telephone based. If there is a potential violation of the conditions of the program, then the probation officer could notify the prosecution, and the prosecution would then file a motion to terminate the defendant from the program. In that case, the court would schedule a hearing, and the defense would have the opportunity to challenge the violation or try to convince the prosecutor or judge to allow the defendant to have a second chance. If the motion to terminate is granted, then the defendant would then be scheduled for trial as if the entry into the program never happened. 

Leading us to one of the biggest benefits of the program: if you fail out of it, you can still have your trial - unlike many treatment court programs require a conditional, no contest or guilty plea which means that a defendant who fails the program will then be convicted and sentenced without a trial.  It is important to note that the prosecution cannot wait forever to file a motion to terminate a defendant from the program, and so if the prosecution waits too long or delays until the defendant has completed the probationary period, it may be possible to oppose the motion to terminate on legal grounds due to the unfair delay.

Can I get my record expunged if I complete the ARD program?

Yes, if you complete the program, your record will be eligible for expungement. In some counties in Pennsylvania, this expungement process happens automatically upon the completion of probation and payment of fines and fees. In other counties, it requires obtaining proof of the successful completion of the program from the probation department and then filing a petition for expungement. Either way, the successful completion of the program results in the dismissal of the charges and the potential for expungement. Our criminal defense attorneys can help you make sure that the charges get removed from your record, so you can get the best result from a bad situation and move on with your life.

Will I get drug tested while I’m in the program?

Probably not. It is possible that drug treatment and testing could be ordered as a condition of the probation, but most of the time, the program involves non-reporting probation or telephone reporting, so you will most likely not be drug tested while in the program. However, drug testing remains a possibility, so it is best to avoid the use of any illegal substances until the charges have been dismissed. Whether or not you can use medical marijuana with a state-approved prescription is an issue which has still not been totally resolved.

How do I apply for the ARD program?

The application process varies depending on the county in which you are charged. In Philadelphia, the process is relatively informal and involves the defense attorney emailing an application to the District Attorney’s Office asking them to consider the case for the program. It is often helpful to include character letters, proof of employment and/or education, and other helpful information. 

The DA’s Office will then usually respond within a few weeks, and so in some cases, it may be necessary to request a continuance of court hearings until a decision has been made. In Montgomery County and Delaware County, there are formal applications which a defendant and their attorney must fill out and submit by certain deadlines in order to receive consideration. In these counties if you wait too long after the preliminary hearing, it may become more difficult to obtain entry into the program. Philadelphia currently does not require a waiver of the preliminary hearing in order to apply, but some suburban counties do. Applying with the help of our Philadelphia defense attorneys who have years of experience with the ARD program can be extremely advantageous to your case in minimizing the negative consequences you face.  

Does ARD count as a conviction?

No, participation in the ARD program does not count as a conviction. Nor does it require any admission of guilt, so you do not to tell an employer or educational institution that you have been convicted or been found guilty of a crime. However, a prior Accelerated Rehabilitative Disposition could be used against you in a future case. For example, if you receive the program for a DUI case and get another DUI within ten years, the prosecution will usually argue that the subsequent DUI should be punished as a second offense due to the prior ARD. There is currently ongoing litigation as to whether this practice is constitutional, but at this point, it is possible that a prior diversionary disposition could be used against you in a future DUI. 

Are the other diversionary programs that could help me in Philadelphia?

Yes, there are other diversionary programs which may be able to help you keep a clean record, even if you are not eligible for the ARD program. Those programs include treatment court for felony drug cases, the Accelerated Misdemeanor Program for low level misdemeanors, and The Choice is Yours. Our lawyers will continue to fight for the best possible outcome through the right program. 

What is the Accelerated Misdemeanor Program ("AMP")?

Another common pre-trial diversionary program which exists only in Philadelphia is the Accelerated Misdemeanor Program (AMP). Like ARD, the Accelerated Misdemeanor Program also typically allows the defendant to avoid any period of probation or jail time, and in many cases, allows for the dismissal and expungement of charges without a conviction. Depending on the defendant's criminal record, there are two levels of AMP to which the defendant may be admitted - AMP I and AMP II.

What is the Difference Between AMP I & AMP II? 

AMP I requires the defendant to pay a fine, complete community service, and remain arrest-free for approximately two months. If the defendant is able to complete those conditions, then the charges will be dismissed, and the defendant may file for an expungement. The expungement is not automatic and requires an additional filing fee and hearing, but once the expungement is granted, the records will be destroyed, and the case will be removed from the defendant's record. The court costs and time to complete the program for AMP I are typically lower than for other programs. 

AMP II - which may be offered to defendants with lengthy criminal records - could result in a conviction or participation in a program called Section 17. In several cases, we have been able to obtain Section 17 or Section 18 dispositions for defendants who have prior arrests or convictions but are admitted into AMP II. The conditions of Section 17 and Section 18 vary depending on the case, but in general, both require the defendant to plead no contest, complete a period of probation, pay a fine, and possibly participate in other conditions such as job training or drug treatment.

If the defendant is successful, then the charges can be dismissed and expunged. If the defendant is not successful, then the judge may find the defendant guilty of the charges and sentence the defendant to either probation or jail time. In cases where the defendant already has a lengthy criminal record, we may be able to obtain an AMP II offer. While requiring a guilty plea and conviction, it will not result in an actual probationary or jail sentence if the defendant is able to complete the conditions. We have also obtained Section 17 and Section 18 for clients outside of the AMP program and in counties other than Philadelphia. 

Other Diversionary Programs

In addition to ARD and AMP, there are other diversionary programs both in Philadelphia and the surrounding counties that you may consider depending on the case. Many of the counties have specialized DUI treatment courts, drug treatment courts, Domestic Violence Court, Intermediate Punishment, Veteran's Courts, and Mental Health courts. 

Fighting The Case

Finally, when the client is not eligible for pre-trial diversionary programs, we have an undisputed reputation for successfully defending misdemeanor charges both at trial in the Philadelphia Municipal Court or through pre-trial motions such as Motions to Suppress or Speedy Trial motions. If we are able to beat the case at trial or through the use of a pre-trial motion, we are typically able to move for an expungement once the case has been dismissed or we have obtained an acquittal. Additionally, summary convictions can often be expunged after five years, and some misdemeanor convictions can be partially expunged pursuant to a new limited access order law after ten years.

CONTACT A PHILADELPHIA ARD ATTORNEY

If you are facing charges for the first time or have been arrested before, you need the advice and representation of a skilled and experienced criminal defense attorney immediately. We have helped countless clients avoid conviction and permanent records both at trial, through the use of pre-trial motions, and through applications to pre-trial diversionary programs. Call 267-225-2545 for a free 15-minute criminal defense strategy session with one of our Philadelphia criminal lawyers.

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