Can I get ARD for a felony drug charge?

Can You Get ARD for a Felony Drug Charge in Pennsylvania?

Accelerated Rehabilitative Disposition (ARD) is a pretrial diversion program in Pennsylvania that allows eligible individuals to avoid a criminal conviction, complete court-ordered requirements, and then petition for an expungement of all charges. ARD is typically available to first-time offenders and is commonly used in non-violent misdemeanor cases, such as:

But what about felony drug charges? Can someone charged with possession with intent to deliver or drug delivery qualify for ARD?

ARD for Felony Drug Cases: Possible but Rare

While ARD is technically available for felony offenses, it is rarely granted in felony drug cases. The decision to approve ARD is entirely within the discretion of the district attorney (DA) in the county where the charges were filed. There is no legal right to ARD—even for first-time offenders.

When considering whether to approve ARD in a felony drug case, prosecutors typically evaluate several factors, including:

The more serious the drug and the larger the quantity involved, the less likely a defendant is to be approved for ARD or any diversionary program.

Prosecutor’s Decision Is Final – No Appeal Rights

Unlike a traditional criminal case where you can appeal a judge’s ruling, you RARELY can appeal the DA’s decision to deny ARD. If the prosecutor denies your request, there is little legal recourse. That’s why it’s essential to have an experienced criminal defense attorney who knows the local court system and has a track record of negotiating ARD approvals—even in challenging cases.

Facing a Felony Drug Charge? Contact an Experienced Pennsylvania Drug Defense Attorney

If you are facing felony drug charges and want to explore the possibility of being admitted into ARD or another pretrial diversion program, it’s critical to work with a lawyer who understands the local court policies and prosecutorial tendencies.

Since 2004, State College criminal defense attorney Jason S. Dunkle has successfully represented clients charged with serious drug offenses throughout Central Pennsylvania. He can evaluate your case, negotiate with the district attorney, and help you pursue the best possible outcome—whether that means ARD, a favorable plea, or a strong defense at trial.

For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.