The ARD Program (Accelerated Rehabilitative Disposition) is a pre-trial diversionary program administered by the District Attorney’s Office. After the preliminary hearing a defendant may file an application in the District Attorney’s Office. The filing deadline is within 30 days of the arraignment date set by the Magisterial District Justice (MDJ). Applications may be obtained at the MDJ Office or in the District Attorney’s Office. An application may be filed with or without counsel. Ineligible offenses are listed below. Applications that are accepted/approved for ARD are notified of their acceptance and ARD Placement Hearing date in one mailing. In addition to standard probation conditions other appropriate ones may be ordered such as drug and alcohol counseling, anger management or restitution.

Should a defendant violate the terms of the ARD Court Order, a violation report is filed by probation and a hearing is scheduled where the judge may remove the defendant from ARD, or choose to extend probation.

ARD APPLICATION ELIGIBILITY

DUI OFFENSES

The District Attorney will not accept an ARD application for a DUI offense if the following mandatory exclusions as per Title 75 Pa.C.S.A. Section 3807 apply:

1. The defendant has been found guilty of or accepted ARD of a charge brought under section 3802 within ten years of the date of the current offense, unless the charge was for an ungraded misdemeanor under section 3802 (a) (2) and was the defendant’s first offense under section 3802.
2. An accident occurred in connection with the events surrounding the current offense and an individual other than the defendant was killed or suffered serious bodily injury as a result of the accident.
3. There was a passenger under 14 years of age in the motor vehicle the defendant was operating.

The District Attorney will also not accept an ARD application if the following are true:

1. The defendant has other pending charges.
2. The defendant is currently on probation or parole.
3. The application is for multiple unrelated offenses.
4. The application is filed untimely beyond the thirty days from arraignment.
5. The defendant has been cited for any of the following traffic offenses in addition to the DUI offense;
1. Title 75 Pa. C.S.A. section 1501 drivers required to be licensed.
2. Title 75 Pa.C.S.A. Section 1543 (a) or (b) driving while operating privilege is suspended or revoked.
3. Title 75 Pa.C.S.A. Section 1786 Required financial responsibility.
6. The defendant has a prior misdemeanor or felony conviction or ARD disposition within ten years of the current offense.

NON-DUI /ARD APPLICATION ELIGIBILITY

The District Attorney will not accept an application for the following offenses:

1. Criminal Homicide
2. Homicide by Vehicle
3. Robbery F1,2 (F3 ok to apply)
4. Burglary F1 (F2 ok to apply)
5. Aggravated Assault
6. Rape
7. Statutory Sexual Assault
8. Sexual Assault
9. Institutional Sexual Assault
10. Indecent Assault section 3126(a)(7)
11. Aggravated Indecent Assault
12. Involuntary Deviate Sexual Intercourse
13. Obscene and Other Sexual Materials and Performances
14. Incest
15. Sexual Abuse of Children
16. Unlawful Contact with Minor
17. Sexual Exploitation Of Children
18. Arson
19. Offenses involving firearms
20. Criminal Trespass F 2, 3
21. Kidnapping
22. Delivery and /or Manufacture of drugs
23. Possession with intent to deliver drugs
24. Identity Theft

The District Attorney will also not accept an application if the following are true:

1. The defendant has other pending charges
2. The defendant is currently on probation or parole
3. The application is for multiple unrelated offenses
4. The application is filed untimely beyond the thirty days from arraignment
5. The defendant has a prior misdemeanor or felony conviction or ARD disposition within ten years of the current offense.