Elk County ARD Program treats first-time offenders
RIDGWAY--On Friday's Return Day thirteen defendants were placed into the ARD (Accelerated Rehabilitative Disposition) Program.
Accepted into the Elk County ARD program on Friday were Daniel Baker, Kristen Basgall, Shawn Bloom, Charles Caggiano, Zachary Faust, Tina Herzing, James Merat, Evan Shramek, Erik Szymanski, Zakery Tarr, Corry Taylor, Alyssa Uplinger, and Glen Yonker.
ARD is a program that all Pennsylvania counties are required to have in place for individuals with no criminal record, or a very limited criminal record, who have been charged with a relatively minor, non-violent offense(s).
According to the Pennsylvania Rules of Criminal Procedure, “the program is intended to encourage offenders to make a fresh start after participation in a rehabilitative program and offers them the possibility of a clean record if they successfully complete the program."
Essentially, if a defendant has been charged with a relatively minor offense, which is typically DUI, possession of a controlled substance for personal use, or possession of drug paraphernalia, when they are accepted into the ARD program their case is placed on “hold” for a period of time. During the time the case is on hold, typically one year, the court will impose certain requirements that program participants must complete within that time.
If the requirements are completed by the end of the ARD period, the court will then notify defendants that their case is eligible to be dismissed completely and erased from their criminal record. Once the case has been dismissed and erased, a public record check will be unable to turn up any details regarding the offense. In drug cases, ARD will also allow participants to avoid the damaging consequences of a driver’s license suspension under Pennsylvania law.
ARD effectively delays defendants' cases with the promise that if they complete certain requirements within a given period of time the case will be dismissed. Accordingly, if the case is approved for ARD there will be a number of requirements that defendants have to complete during the time they are on ARD.
Beginning on the date of the hearing that their case is placed on the ARD program by the judge, defendants will be placed under the supervision of the Elk County Probation Department. By law, ARD supervision cannot exceed two years, and a typical time for the program is six months to one year.
While defendants are not technically “on probation” during this time because they have not been found guilty of any crime, probation will keep an eye on them to ensure that they are completing the various things that are required.
Though the specific requirements change from case to case depending on the type of offense, generally the requirements are as follows:
• Complete some community service (applies to almost all cases. Usually 45 hours in Elk County)
• Complete an alcohol-safe driving course (applies to all DUI cases)
• Complete drug & alcohol counseling (applies to drug-related offenses and certain DUIs with a high bloodalcohol content)
• A driver’s license suspension (applies to DUI cases)
• No alcohol or nonprescription drug use (applies to most DUI cases and drug cases)
• Pay the cost of prosecution and ARD supervision (usually several thousand dollars)
• Pay restitution (theft cases and cases involving property damage)
Entrants into the program must also waive the right to a speedy trial and defendants must also not be charged with any other criminal offenses while under ARD supervision. However, if the offender does not successfully complete the program or violates its terms, then they will be removed from the ARD program. The case for the original charges will be added back to the court docket for trial. In essence, the charges are only temporarily suspended for the term of the program.
The initial decision to recommend a case for ARD lies solely with the Elk County District Attorney who has wide discretion to recommend or not recommend a particular case for the program. Accordingly, it is the District Attorney of the county in which the offense was committed who decides whether to
submit a case for ARD or not. This is where many defendants who have retained the services of a defense attorney, have an advantage as their attorney can petition the District Attorney directly for admittance into the program.
Defendants that successfully complete the ARD program can, after 30 days of successful completion, petition the court to have the original charges dismissed and for the case to be expunged, or sealed from public records. Moreover, successful applicants in the ARD program can answer “no” on job applications to questions that ask whether they have been convicted of a crime.