One of the most common questions a person might ask after a DUI arrest in Chester County or Delaware County, PA, is whether they need to hire a criminal defense attorney to help them enter the ARD program. ARD stands for the Accelerated Rehabilitative Disposition Program used in the courts throughout the Commonwealth of Pennsylvania.
With offices in West Chester and Media, PA, we help clients enter and successfully complete ARD so the DUI record can be expunged. We understand the requirements of the ARD Program in Chester County and the ARD Program in Delaware County, PA. Let us put our experience to work for you. Call for a free consultation.
As previously explained by the Commonwealth Court of Pennsylvania:
The Accelerated Rehabilitative Disposition program is a special pre-trial intervention program for non-violent offenders who have a limited or no prior record. The A.R.D. program takes a “rehabilitative” stance instead of a punitive one. The purpose of A.R.D. is to determine, at an early stage, defendants who will respond to the treatment and education and, therefore, decrease their chance of future incidents of the same nature. A.R.D. is completely voluntary and the defendant must ask to be accepted into the program. Pa. R.Crim. P. 313(A).
Lihota v. Dep’t of Transp., Bureau of Driver Licensing, 811 A.2D 1117, 1118, n. 2 (Pa. Cmwlth.2002).
The benefits of hiring an experienced DUI Defense attorney for an ARD case in Pennsylvania include:
Determining Eligibility: The attorneys at Skinner Law Firm are experienced with helping men and women enter and complete the ARD program. When the program is completed, we help our clients expunge the record as quickly as possible. We believe in proving a full service approach.
As a preliminary matter, we can help you determine during our first meeting whether you are eligible for the ARD program in Chester County or Delaware County, PA. Determining eligibility is important for two reasons:
Protect Against Over Zealous Police/Prosecutor: Police and prosecutors are experienced in the law and are not looking out for your best interest. Police often over charge and prosecutors sometime fail to disclose exculpatory evidence. An experienced DUI defense attorney in Pennsylvania can help make sure that police and prosecutors play by the rules. An experience attorney will level the playing field by looking out for your best interest.
In some instances, the District Attorney’s Office in Delaware County or Chester County, PA, may deny your ARD application without justification. In those instances, an attorney can file an appeal and get you approved for the program. In other instances, the DA’s office may push extra conditions on you without cause. An attorney can challenge those extra conditions and save you the additional time and money you would have spent completing those unwarranted conditions.
Get Accurate Information/Advice: Relying on information found online can be dangerous because that information is not always reliable or accurate. Since every county administers the ARD program differently, local attorneys know the unwritten rules and customs. Local attorneys understand the judge and the procedures used in that courtroom that can be used to your advantage.
We have represented hundreds of men and women in the ARD program and our experience will guide you safely through the programs. We can help you with unexpected issues that come up. Having the security and peace of mind that you are getting correct and accurate advice cannot be understated. We help our clients deal with issues surrounding:
Avoiding Complication/ARD removal – Pro se individuals who attempt to represent themselves in the courtroom without an attorney will not be treated any different by the court than those with an attorney. That means you will be expected to know all the local and state rules pertaining to the ARD process. Failure to follow any rule or requirement may result in you being denied ARD or being removed from ARD. It is not uncommon to see pro se individuals denied ARD because of some “technical reason.”
Expunging the Record – After successful completion of ARD, you are entitled to petition to expunge the record. However, it is up to you (the accused) to file the paperwork and to make sure it gets done correctly. In Pennsylvania, the DUI record is not automatically expunged. The attorneys at Skinner Law Firm provide this service for our clients.
The DUI defense attorneys at the Skinner Law Firm are familiar with the requirements of the Accelerated Rehabilitative Disposition (ARD) Program in Chester County and Delaware County, PA. If eligible, we can get you into the program so that you can complete the requirements as quickly as possible. We also help you expunge the record at the first opportunity so that you can put the case behind you and move on with your life.
Some people, including employers and licensing boards, may mistakenly believe a charge is actually a conviction. Expunging the record is a completely separate legal process. In fact, it is the main benefit of entering the ARD program so it is important to make sure the record is expunged. The attorneys at Skinner Law Firm handle expunging the record as part of the DUI case, so that our clients don’t need to worry about clearing the record on their own.
Call us to discuss the case today.
By Michael Skinner |
14 Feb, 2020