I GOT DENIED FOR ARD - NOW WHAT?
You've been denied for Accelerated Rehabilitative Disposition (more commonly known as "ARD") - let's face it, it isn't the response you were hoping for. Fortunately, this is not the end of the road.
Who decides whether or not to admit me into ARD?
Whether or not to allow an individual into the ARD rests with the District Attorney of the respective county.
So what are the next steps are you find out that you have been denied admission to the ARD Program?
The initial decision to recommend a case for ARD lies solely with the prosecutor who has wide discretion. Absent any abuse of this discretion involving some criteria for admission to ARD wholly, patently and without a doubt unrelated to the protection of society and / or the likelihood of a person's success in rehabilitation such as race, religion or such obviously prohibited considerations, the prosecutor must be free to submit a case or not submit it for ARD consideration based on his view of what is most beneficial for society and the offender. Commonwealth v. Lutz, 508 Pa. 297 (1985); Commonwealth v. Cline, 800 A.2d 978 (Pa. Super. 2002).
The test for determining whether a defendant should be admitted into the ARD program for DUI is whether he or she is the type of person who could benefit from the treatment offered by the program. Commonwealth v. Gano, 2001 Pa. Super. 231, 781 A.2d 1276 (2001).
What does this mean for me getting my ARD Denial reconsidered?
Well, an experienced criminal defense attorney can – in certain situations – provide the District Attorney with evidence that the ARD Unit’s denial was improper based upon the facts of your case not being a bar for admission into the ARD Program.
Other times, a well-versed criminal defense attorney will be able to seek reconsideration of the ARD Denial based upon their client having completed an Intensive Outpatient Program to address any alcohol or substance abuse issue. In other instances, evidence of the mental health treatment may be valuable in having the ARD Denial reversed. Or, in certain instances, a mere proposal that one’s client is willing to pay restitution (should it be a case involving property damage) can result in the ARD Denial being reversed.
Though each case needs to be evaluated on a “case-by-case” basis, we have found that all hope is not yet lost. Many times, we have been able to reach out to the Head of the ARD Units to determine what – if anything – will allow the ARD Unit to admit our client into the Program.
This is why it is vital to be represented by a criminal defense attorney who is knowledgeable about ARD and frequently handles ARD cases. When you have such a person overseeing your case, it increases the likelihood of being admitted into the ARD Program substantially.
I've been denied for ARD...who can I call?
At The Town Law, we understand just how stressful facing criminal charges can be. With our vast experience handling criminal cases throughout Bucks County, Delaware County, Chester County, Montgomery County, and Philadelphia County in Pennsylvania, we are well-equipped to ensure you get the best result possible with attentive attorneys by your side throughout the process. Contact our firm today for a free consultation. Our staff of experienced attorneys is dedicated to the best outcomes for all of our clients.