Delaware County ARD

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Will I Get ARD?

 

A defendant may be considered for participation in the Delaware County ARD Program if the defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.  Prior to the District Attorney’s request for admission into the program, the police officer involved with the case will have an opportunity to offer comments on whether the defendant should be considered for the program.

The victim of the crime will also have the opportunity to offer comments to the District Attorney.  This opportunity will include the submission of a written victim impact statement detailing the physical, psychological and economic effects of the crime on the victim and the victim’s family.  The District Attorney’s Office may also determine that there are other circumstances concerning the case or the defendant which disqualify the defendant from participation in the ARD Program.  There is no right to participate in the ARD Program.  Eligibility is determined on a case-by-case basis and is solely within the discretion of the District Attorney.

Acceptance into and satisfactory completion of the ARD Program offers the defendant an opportunity to earn a dismissal and potentially a purging of the offense from his/her criminal history.  This procedure must be initiated by the defendant after the defendant’s successful completion of the ARD Program and does not automatically occur merely upon a defendant’s placement into and successful completion of the Program.  Failure to satisfactorily complete the Program will result in removal from the Program and prosecution of the pending charges.

A.  PRELIMINARY REQUIREMENTS FOR ALL ARD CANDIDATES

1.  YOU MUST HAVE AN ATTORNEY

No application for admission to the ARD  Program will be considered unless the defendant is represented by an attorney.  This is required in order to assure that your rights are protected.  If you are without adequate financial resources to retain an attorney, you should immediately contact the Office of the Public Defender of Delaware County at (610) 891-4100.

2.  YOU MUST WAIVE ARRAIGNMENT

In order to be considered for admission into the ARD Program, you and your attorney must complete the Entry of Appearance and Waiver of Arraignment Form, except for the Common Pleas Transcript Number.  The Magisterial District Judge docket number and Common Pleas arraignment date are stated on the Subpoena for Arraignment form which you received from the District Court.  THE ENTRY OF APPEARANCE AND WAIVER OF ARRAIGNMENT FORM, ARD RULE 600 WAIVER FORM AND THIS FORM MAY BE PROVIDED TO YOU BY THE MAGISTERIAL DISTRICT JUDGE.

3.  YOU MUST BE FINGERPRINTED

The name of the fingerprinting agency and the date you were fingerprinted must be stated on the Entry of Appearance and Waiver of Arraignment Form.  If you have not been fingerprinted, you must be fingerprinted by the arresting agency.  You must take a copy of the Criminal Complaint with you in order to be fingerprinted.

4.  CONDITIONS OF THE PROGRAM

The length of participation in the Program may not exceed two years.  Failure to comply with any requirement imposed shall result in immediate removal from the Program and the case shall proceed to trial.  An important part of the ARD Program is the requirement that a defendant perform community service.  The number of hours of community service will be determined by the District Attorney’s Office.  Additional conditions may be imposed before acceptance into the Program, including but not limited to, restitution.  You must pay all restitution deemed appropriate to your case by the District Attorney’s Office or you will be removed from the Program.

5.  COSTS FOR ALL ARD CANDIDATES

You must be prepared to pay the costs of the Program on the day of your ARD hearing unless there has been an agreement to the contrary with the District Attorney’s Office prior to the hearing date.

The costs of the program alone are APPROXIMATELY $1200.00 for Non-DUI cases and APPROXIMATELY $1400.00 for DUI cases.  In addition, state law mandates your payment of a monthly probation supervisory fee. This charge must be paid over the period of your supervision, however, it may be paid in full on the day of your ARD hearing.  By Order of Court, payment must be by cash, money order, Mastercard, Visa or MAC.

B.  PROCEDURAL REQUIREMENTS FOR  ALL ARD APPLICANTS:

 1.  WAIVE FORMAL ARRAIGNMENT

            14 DAYS BEFORE THE SCHEDULED ARRAIGNMENT YOU MUST SUBMIT:

                       (1)  Attorney’s Entry of Appearance and Waiver of Arraignment Form

                       (2)  ARD Rule 600 Waiver Form

                       (3)  ARD Application

           TO:  DELAWARE COUNTY COURT ADMINISTRATOR, COURT HOUSE, MEDIA, PA 19063, (610) 891-4493

2.  ACCEPT A DELAYED PRE-TRIAL CONFERENCE DATE THAT WILL BE APPROXIMATELY SIX (6) MONTHS AFTER THE FORMAL  ARRAIGNMENT DATE

3.  WAIVE RULE 600 AND SPEEDY TRIAL RIGHTS FROM THE DATE OF FORMAL ARRAIGNMENT THROUGH THE PRE-TRIAL CONFERENCE  DATE

 

MINIMUM DISPOSITIONS FOR DUI APPLICANTS INCLUDE BUT ARE NOT LIMITED TO:

TIER I:  BAC 0.08%–0.99%:  12 months probation, 16 hours Community Service work, no license suspension

TIER II:  BAC 0.10%–0.159%:  12 months probation, 32 hours Community Service work, 30-day license suspension

TIER III:  BAC 0.16% or higher, drugs, accident with bodily injury or refusal:  12 months probation, 64 hours Community Service work, 60-day license suspension

MINOR (UNDER 21 YEARS OF AGE AT THE TIME OF THE OFFENSE):  12 months probation, 32 hours Community Service, 90 days license suspension

THE FOLLOWING REDUCTION IN COMMUNITY SERVICE HOURS MAY BE AVAILABLE IF ALL ADDITIONAL REQUIREMENTS ARE COMPLETED WITHIN SIXTY (60) DAYS AFTER THE WAIVER OF THE PRELIMINARY HEARING: 

TIER I:  Possible reduction from sixteen (16) hours to eight (8) hours

TIER II or Minor:  Possible reduction from thirty-two (32) hours to sixteen (16) hours

TIER III:  Possible reduction from sixty-four (64) hours to thirty-two (32) hours

 

ADDITIONAL REQUIREMENTS FOR REDUCTION IN COMMUNITY SERVICE :

1.  Waive Preliminary Hearing; AND

2.  Undergo CRN Evaluation [schedule by calling (610) 892-3226]; AND

3.  Complete the required community service hours [schedule by calling (610) 891-5317]; AND

4.  Complete Alcohol Safe Driving Classes [schedule by calling (610) 237-8630]; AND

5.  Schedule a Drug and Alcohol Evaluation, [schedule by calling (610) 892-3226.