Central Pennsylvania Criminal Defense Lawyers: Ambler Law

If you are facing a first-time, typically-non-violent criminal charge in Pennsylvania, the Accelerated Rehabilitative Disposition program, ARD, can offer an opportunity to avoid a criminal conviction. ARD is a pre-trial diversion program designed to rehabilitate offenders rather than punish them. While ARD is most commonly applied to first-offense DUI cases, it often also extends to other low-level offenses, depending on the county. Importantly, ARD is not guaranteed in any case, and having an experienced attorney from Ambler Law Offices guide you through the ARD process can improve your chances of successful entry into the program. On this page, we’ll break down how ARD is administered across the Central Pennsylvania counties we regularly service: Lancaster, York, Cumberland, Dauphin, Adams, Franklin, Berks, and Perry. The below descriptions are generalizations, and at times, the counties ARD programs will deviate from the guidelines the regularly use.

In Lancaster County, the District Attorney’s Office makes ARD eligibility determinations, for both DUI cases and other general criminal cases in which an ARD application is filed. This determination is made through the services of an ARD coordinator who reviews all applications, consults with the district attorney, checks for police and victim approval, and informs the defendant of the hearings. Applications must be submitted in person or by mail. ARD in Lancaster is not normally available if the offender has a DUI conviction or ARD admission within the past 10 years, if the DUI involved a serious injury or death, if a child under 14 was in the car, if the offender lacked a valid driver’s license or insurance, or if the offender has an extensive driving and/or criminal record. Offenders with a blood alcohol content over .30% or if heroin and/or fentanyl was detected in their system will be considered on a case-by-case basis, with the offender possibly being required to attend the ARD Panel. That said, exceptions may be made in specific extraordinary circumstances. 

Those accepted to the ARD program, at the time of the DUI Central Court hearing or prior to the status conference hearing, must: complete and submit a formal application along with a copy of the criminal complaint and affidavit, waive the preliminary hearing, sign a continuance form provided by the District Attorney’s Office, and schedule a CRN evaluation. Within three months, they must complete a CRN evaluation and alcohol highway safety school. After completing those requirements, the offender will be formally admitted. After being formally admitted into ARD, they remain under 12 months of supervision and must fulfill all requirements, including: obtaining a Drug and Alcohol Evaluation, completing treatment, paying fees, fines, surcharges and restitution, completing community service and all other conditions. If an offender fails to comply, they will be denied admission or be removed from the program. It is important to note that this is subject to change, as Lancaster County’s website announced that it will be changing shortly.

York County also operates a structured ARD program with strict deadlines. Applications must be submitted within 30 days of the arraignment date or they are automatically rejected. Offenders must be honest when answering questions within their application and must report any new law enforcement contact within 72 hours. After submission, applicants and their counsel will receive a notice of recommendation of acceptance or denial within four to 6 weeks. If accepted and the offense if DUI related, a drug and alcohol evaluation will be required no later than one week prior to the placement date. York County has a range of disqualifiers, including: specific prior offenses, failure to comply with application timelines, charges of abuse, Meghan’s law charges. There are specific disqualifiers for DUI offenses, including: being found guilty or accepting ARD within 10 years of the current offense, the accident impacted another person killing or seriously injuring them, or a passenger under 14 was in the vehicle operated by the offender. Some cases, such as general impairment violations, specific blood alcohol results, controlled substance violations, vehicle violations and prior DUI’s outside of the 10 year window, receive additional heightened scrutiny and require additional documentation. Once placed into the program, the offender must follow general ARD conditions like remaining in the program for 12 months, not violating the law during the ARD program, reporting to their supervisor as directed, paying all court costs, ARD fees and restitution, maintaining regular employment, and keeping their ARD supervisor informed of current contact information. York County also imposes case-specific conditions that include but are not limited to: attending a victim impact panel, completing a drug and alcohol evaluation and any recommended treatment, completing mental health evaluation and any recommended treatment, taking anger management classes, having no contact with any victims or writing an apology letter to the victim. Supervision lasts 12 months, and while the program is typically non-reporting, urine-testing and reporting may be necessary based on the case. Failing to meet any condition can result in removal from the program and trial. 

In Cumberland County, ARD is available for both DUI and non-DUI offenses. The program is overseen by the District Attorney’s Office, while supervision is handled by Adult Probation. Cumberland County offers two ARD tracks: Fast Track and Standard. For both, offenders must: pay court costs, fines and fees, complete DUI School, and obtain a drug and alcohol evaluation. Additional treatment may be required following the evaluation. The Fast Track ARD/DUI Program is more cost-effective (saving offenders $500), requires only one court appearance, and is completed at the preliminary hearing. Within this program, participants must complete a 12.5 hour DUI education course and undergo a CRN evaluation before their court date. License suspensions depend on the blood alcohol content at the time of the arrest and will range from 0 to 60 days. Failure to pay all the fees will result in removal from the ARD program and the case will go to trial. 

The Standard ARD program involves higher fees, around $1,900 or more, and requires pre-ARD interview, two court appearances, and possibly additional treatment following CRN and drug/alcohol evaluations. If recommended by the CRN evaluation, offenders must complete a separate drug and alcohol evaluation. If treatment is recommended, the offender must complete it and provide documentation of a successful discharge. License suspensions under the Standard program follow the same guidelines as the Fast Track option. With this program, instead of one hearing, offenders must attend two court hearings, the PRE-ARD hearing and ARD/DUI Court. Both versions require full payment of fees and treatment compliance. If all conditions are met, the charges will be dismissed. 

In Dauphin County, ARD is often offered to first-time DUI offenders without any criminal convictions within the past 10 years and without prior ARD dispositions. ARD supervision lasts, at most, two years and is determined by the District Attorney. Disqualifications include if someone was killed or seriously injured, if someone under the age of 14 was in the car, or if the defendant has a prior DUI conviction in the last ten years or a previous ARD disposition. Offenders can apply for ARD at the preliminary hearing or formal arraignment. If applying at the preliminary hearing, the defendant must waive arraignment. After applying, the District Attorney reviews the case. Accepted individuals waive their right to a speedy trial and must pay all fees and court costs, complete community service, and comply with all other rules and regulations of the Dauphin County Probation Office. Anyone placed in the ARD program for driving under the influence of alcohol or drugs is required to attend a Victim Impact Panel and four 4-hour Alcohol Highway Safety classes. If a license suspension applies, the license must be surrendered to the County Clerk at the time of ARD acceptance. After admission, participants must attend an intake meeting through the ARD Unit of Adult Probation. If any requirement is not met, the individual will be removed from the program and scheduled for trial. 

Adams County often considers ARD for DUI cases. Offenders must submit their applications and waiver at least seven days prior to their formal arraignment. If accepted, they can enter ARD during the arraignment. Participants in Adams County’s ARD program are placed on supervised probation for nine months, must attend Alcohol Highway Safety School, and may be ordered to undergo alcohol or drug programs, including possibly inpatient programs depending on the severity of the case. They must pay all court costs and restitution, complete 40 hours of community service, follow all probation conditions, avoid alcohol and non-prescribed substances, and comply with state and federal laws. License suspensions, if applicable, are usually up to three months, with PennDOT providing notice following entry into the ARD program. 

In Franklin County, the ARD program is exclusively considered for first-time offenders. Before formal admission, offenders must satisfy all conditions of the court and pay all costs associated with the case. These typically include 25 hours of community service, CRN and DUI School completion, a drug and alcohol assessment, and participation in the MADD Victim Impact Panel. Only after these conditions are completed will the District Attorney consider placement into the Adams County ARD program. 

ARD is a newer program within Berks County focusing on minor offenses such as: criminal mischief, criminal trespass, disorderly conduct, harassment, public drunkenness, retail theft, truancy or underage drinking. Offenders apply directly to the Magisterial District Judge, who, with the District Attorney’s approval, determines placement. If accepted, the offender must pay restitution and costs and may be referred to a specialized program related to the offense, subject to the approval of the District Attorney. Community service is required, up to 40 hours for adults and 20 hours or juveniles, and will be scheduled in four-hour blocks. This program focuses on intervention rather than punishment. 

In Perry County, ARD is often available for both DUI offenses and retail theft charges. In Perry County, normally the application goes to the District Attorney’s office. Once it has been reviewed, the District Attorney or the court will let probation know whether the application was approved or denied. Perry County offers a pre-ARD program and if someone is involved within that program, upon completion they go automatically into the ARD program. The first requirement is that the CRN has to be done. Based on the CRN and its recommendations, the applicant will need to get a drug and/or alcohol evaluation. Following this, the offender must attend Alcohol Highway Safety School and it is recommended that they complete any special conditions the court orders before entering the program. 

ARD can be a powerful tool and opportunity for those who qualify but each Central Pennsylvania county has its own approach. It is important to understand the timelines, application procedures, and requirements of the county where the offender is being charged. When considering ARD, consulting with an experienced criminal defense attorney can ensure the application is complete, timely, and that the offender has the best possible chance at moving forward with a clean record. 

If you find yourself in need of guidance regarding your arrest, call the criminal law attorneys at Ambler Law Offices, LLC today for a consultation. (717) 525-5822. 15 Minute phone consultations for criminal cases are free.

The above information is general information only and is not intended to provide legal advice.